Proposed conversion of redundant rural buildings to conference hall and offices for charity use.

 

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

The Senior Planning officer gave a presentation on the application.

 

In accordance with the criteria for public speaking Mr Fry, the applicant's agent, spoke in support of the application.

 

In accordance with the council's constitution the local ward member provided a statement on the application which was read aloud to the committee. In summary, she explained that the application was before the committee due to a conflict with the principles of policy RA5 of the council's core strategy. However the commitment of the council through the Armed Forces Covenant and the social benefits associated with the proposal overcame the conflict with planning policy. The application was supported but the committee was urged to place a condition on the permission to ensure that the development would be used for its stated purpose and for social benefits in perpetuity.

 

The committee debated the application.

 

The committee queried a condition to ensure that the development was used for its stated purpose and to provide the social benefit it provided into the future.

 

The lead development manager explained that condition 3 in the proposed permission would ensure that the development would only be for the benefit of the charitable organisation that had made the application.

 

A motion that the application be approved in accordance with the case officer’s recommendation was proposed by Councillor Paul Andrews and seconded by Councillor John Hardwick.

 

The motion was put to the vote and was carried unanimously.

 

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 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 except where otherwise stipulated by conditions attached to this permission. The following constitutes the approved plans:

 

·         HA38690_PL_02_B (Location Plan);

·         HA38690_PL_03_D (Block Plan);

·         HA38690_PL_10_B (Site Plan);

·         HA38690_PL_11_B (Proposed GF Plan - CONFERENCE HALL);

·         HA38690_PL_12_D (Proposed FF Plan - CONFERENCE HALL);

·         HA38690_PL_13_D (Proposed Floor Plans – Office);

·         HA38690_PL_15_C (Conference Hall Elevations);

·         HA38690_PL_16_E (Office Building Elevations); and

·         22-OP-1211 A1/001 (Proposed Site Layout);

 

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, Policy CNDP9 of the Cradley Neighbourhood Development Plan and the National Planning Policy Framework.

 

3.         This permission shall enure for the benefit of the charity ‘Reset’ only and not for the benefit of the land or any other persons interested in the land.

 

Reason: The nature of the development is such that it is only considered acceptable in this location having regard to the applicant's special circumstances having regard to Policy RA5 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework and that the application represents a departure from the adopted development plan.

 

4.         During the construction phase no machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the following times: Monday-Friday 7.00 am-6.00 pm, Saturday 8.00 am-1.00 pm nor at any time on Sundays, Bank or Public Holidays.

 

Reason: To protect the amenity of local residents and to comply with Policy SD1 of Herefordshire Local Plan – Core Strategy, Policy CNDP9 of the Cradley Neighbourhood Development Plan and the National Planning Policy Framework.

 

5.         Prior to the commencement of the development hereby approved, 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 protected and 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.

 

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.

 

All hard landscaping shall be completed prior to first use of the approved development.

 

Reason: To safeguard and enhance the character and amenity of the area and implementation of landscaping in order to conform with policies SS6, LD1 and LD3 of the Herefordshire Local Plan - Core Strategy, Policies CNDP5 and CNDP9 of the Cradley Neighbourhood Development Plan and the National Planning Policy Framework.

 

6.         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 43 metres in each direction along the nearside edge of the adjoining carriageway, in accordance with drawing number HA38690_PL_03_D. 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.

 

7.         Prior to relevant works commencing, the following details shall be submitted to and approved in writing by the Local Planning Authority:

 

·         A sample of the roof covering, which shall be of handmade plain clay tile;

·         A sample of the rainwater goods, to be either finished in cast iron or aluminium;

·         A sample of the brick, which shall be handmade;

·         A sample panel of brickwork, to include mortar mix, colour, joint profile and brick bond;

·         Timber frame drawings, to be submitted at 1:20 scale;

·         Joinery details at 1:2 scale, to which windows will be hardwood casements with metal opening lights; and

·         Details of the proposed glazing, which shall be non-reflective glazing and recessing of all new areas of Glazing.

 

The development shall be carried out in accordance with the approved details.

 

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, Policy CNDP9 of the Cradley Neighbourhood Development Plan and the National Planning Policy Framework.

 

8.         With the exception of conditions below, none of the buildings shall be occupied until the drainage works have been completed in accordance with the approved plans and supporting information, namely in accordance with:

·         Amended Location Plan 14.6.22 (Ref: HA38690_PL_02_B);

·         Amended Proposed Site Layout 14.6.22 (Ref: A1/001);

·         Land Registry Ownership Boundary 001 14.6.22;

·         Land Registry Ownership Boundary 002 14.6.22;

·         Amended Proposed Drainage Strategy 14.6.22 (Ref: A1/002 Rev A);

·         Amended Proposed Car Park Drainage Strategy 14.6.22 (Ref: A1/003 Rev A);

·         Amended Drainage Construction Details 14.6.22 (Ref: A1/004 Rev A);

·         Response to LLFA Comments 14.6.22;

·         Drainage Calculations 14.6.22;

·         Drainage Calculations 2 14.6.22; and

·         Photos from Agent 14.6.22

 

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.

 

9.         Before the development is first occupied or brought into use, a schedule of landscape 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 this approved schedule.

 

Reason: To ensure the future establishment of the approved scheme, in order to conform with policies SS6, LD1 and LD3 of the Herefordshire Local Plan – Core Strategy, Policy CNDP5 of the Cradley Neighbourhood Development Plan and the National Planning Policy Framework.

 

10.       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 application site 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 to the requirements of Policies SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

11.       Prior to first occupation, written and illustrative details of the number, type/specification and location of at least one electric vehicle charging point, shall be submitted to and approved in writing by the local planning authority. The electric vehicle charging point shall be installed within six months of written approval and be maintained and kept in good working order thereafter as specified by the manufacturer.

 

Reason: To address the requirements policies in relation to climate change SS7, MT1 and SD1 of the Herefordshire Local Plan Core Strategy, to assist in redressing the Climate Emergency declared by Herefordshire Council and to accord with the provisions at paragraphs 108 and 110 of the National Planning Policy Framework.

 

12.       The ecological protection, mitigation, compensation and working methods scheme, including the biodiversity net gain enhancements and management of all lighting features, as recommended in the ecology report by Turnstone Ecology dated August 2022 shall be fully 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 Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife and Countryside Act 1981,), National Planning Policy Framework (2021), NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD1, LD2 and LD3 and the council’s declared Climate Change & Ecological Emergency.

 

13.       To record and inform knowledge of protected species at the site and presence in the wider locality – Malvern Hills AONB and adjacent woodland SSSI, within 5 months of completion, a copy of the final optimal period bat survey report and full records of species identified, shall be supplied in writing to the local planning authority and Herefordshire Biological Records Centre.

 

Reason: To ensure that all species are recorded and protected 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 (2021), NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD1, LD2 and LD3 and the council’s declared Climate Change & Ecological Emergency.

 

14.       Any external lighting proposed to illuminate the development, other than lighting shown on the approved plans, shall be submitted to and approved in writing by the local planning authority before installation.

 

Reason: To safeguard local and visual amenities and to comply with Policies SD1 and LD1 of the Herefordshire Local Plan – Core Strategy, Policies CNDP5 and CNDP9 of the Cradley Neighbourhood Development Plan and the National Planning Policy Framework

 

Informatives

 

1.         IP2 – 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.         INS – A l applicants are reminded that attaining planning consent does not constitute permission to work in the highway. Any applicant wishing to carry out works in the highway should see the various guidance on Herefordshire Council’s website: www.herefordshire.gov.uk/directory_record/1992/street_works_licence and https://www.herefordshire.gov.uk/info/200196/roads/707/highways

 

3.         INS – The proposed development may not have access to mains water and be reliant on a private water supply. The applicant is advised that the Private Water Supplies (England) Regulations 2016 (as amended) and the Water Supply (Water Quality) Regulation 2016 are likely to apply. In accordance with these Regulations and the Building Regulations 1984 the water must be of a potable and safe standard. If the supply is to be used for shared or commercial purposes including renting, the Private Water Supplies (England) Regulations 2016 specify that the water supply cannot be used until it has been risk assessed by the local authority’s private water supplies team (01432 261761) and found compliant. Applicants that are connecting to existing private water supplies or accessing sources of water on land over which they have no control are advised to give careful and specific attention to contractual/civil arrangements including rights of access, maintenance arrangements, provision of alternative water supply are agreed in writing at the outset.

 

4.         I06 – A public right of way crosses the site of this permission.  The permission does not authorise the stopping up or diversion of the right of way.  The right of way may be stopped up or diverted by Order under Section 257 of the Town and Country Planning Act 1990 provided that the Order is made before the development is carried out.  If the right of way is obstructed before the Order is made, the Order cannot proceed until the obstruction is removed.

 

5.         I10 – Access to the site is via a public right of way and the applicant's attention is drawn to the restrictions imposed by Section 34 of the Road Traffic Act 1988 regarding the prohibition of driving motor vehicles elsewhere than on roads.

 

6.         I11 – 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.

 

7.         I50 – The development hereby approved may result in vehicles being driven across or along a Public Right of Way.  As a result, notification should be given to the Highway Authority before the permission is implemented.  In addition, where public and private rights co-exist, permission should be sought from the landowner in order to obtain lawful authority to drive on the Public Right of Way.  For further information, contact Balfour Beatty (Managing Agent for Herefordshire Council) Public Rights of Way Services, Unit 3 Thorn Business Park, Rotherwas, Hereford, HR2 6JT (Tel: 01432 261800).