Agenda item

222295 - AGRICULTURAL BUILDING, ADJACENT BERRINGTON BOWER, MARDEN, HEREFORD, HEREFORDSHIRE, HR1 3EY

Meeting of Planning and Regulatory Committee, Wednesday 15 March 2023 10.00 am (Item 75.)

Proposed change of use of building to holiday let.

Decision:

Application approved with a change to conditions.

Minutes:

The senior planning officer gave a presentation on the application and updates/representations received following the publication of the agenda as provided in the update sheet and appended to these minutes. The senior planning officer explained that an additional condition was also necessary to restrict the occupancy of the building to holiday lets only.

In accordance with the criteria for public speaking Mr Bennett, spoke on behalf of Marden Parish Council, Ms Seamer, local resident, spoke in objection to the application and Mr Powell, applicant, 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 to the committee. In summary, she explained that previously applications on the site had been refused as the principle of development in the location was unacceptable. A number of objections concerned the retrospective nature of the application. It was explained that the site was outside the Marden neighbourhood development plan (NDP) and was accessed by busy roads. There was concern that the application added to the cumulative impact of other housing and agricultural applications locally. The impact on highways was unacceptable given the poor state of roads in the locality. It was explained that flooding in the area was an issue and there was concern that pollution from the septic tank at the development could enter local drainage channels. The proposed holiday let was very close to existing properties; noise and light pollution would affect local residents. The application would not encourage sustainable tourism as there was a lack of public transport and busy narrow lanes were not suitable for cyclists and walkers. The application was considered contrary to: Core Strategy policies RA2, RA3, RA5, RA6, LD1, LD2, SD1, SD2, SD3 and E4; Marden NDP policies M1 M2 M3 M12 and M14; and to the national planning policy framework paragraphs 8 and 11. The local ward member urged the committee to refuse the application.

The committee debated the application.

The committee supported the inclusion of a condition to restrict the occupancy of the building to holiday lets only.

The committee sought additional conditions to include: the treatment of roof lights on the building to reduce light spill; the provision of an electric vehicle charging point at the holiday let; and the inclusion of a rainwater harvesting butt at the holiday let.

The local ward member was given the opportunity to close the debate. She provided a statement which was read to the committee and explained how the application was contrary to planning policies in the core strategy, the neighbourhood development plan and the national planning policy framework. It was explained that there were a number of local representations in objection to the planning application and the committee was urged to refuse the planning application.

A motion that the application be approved in accordance with the case officer’s recommendation, and including: an additional condition restricting occupancy to holiday lets only; an additional condition for the treatment of roof lights on the building to reduce light spill; an additional condition for the provision of an the electric vehicle charging point at the holiday let; and a condition to include a rainwater harvesting butt at the holiday let; was proposed by Councillor Polly Andrews and seconded by Councillor Elizabeth Foxton. The motion was put to the vote and was carried by a simple majority.

RESOLVED:

That planning permission be granted subject to: the following conditions; an additional condition restricting occupancy to holiday lets only; an additional condition for the treatment of roof lights on the building to reduce light spill; an additional condition for the provision of an the electric vehicle charging point at the holiday let; and a condition to include a rainwater harvesting butt at the holiday let; and any other further conditions considered necessary by officers named in the scheme of delegation to officers:

1.	C01 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.	Development in accordance with approved plans and materials The development hereby approved shall be carried out strictly in accordance with the approved plans (drawing nos. 24.6; 24.4; 24.3; 24.5; 24.1; 24.2; Ordnance Survey map reference SO5250SE; letter from Townsend Water Engineering dated 3^rd October 2022; untitled amended visibility splays) except where otherwise stipulated by conditions attached to this permission. Reason: To ensure adherence to the approved plans and to protect the general character and amenities of the area in accordance with the requirements of Policies SD1, LD1, SS6, LD2, SD3, SD4 and MT1 of the Herefordshire Local Plan – Core Strategy, Policy M11 of the Marden Neighbourhood Development Plan and the National Planning Policy Framework.
3.	Prior to first use of any part of the development works approved under this planning decision notice, evidence of the suitably placed installation within the site boundary or on other land under the applicant’s control of a minimum total of TWO bat boxes (or similar features supporting bat roosting) and TWO bird nesting boxes (mixed types) and ONE Hedgehog Home should be supplied to and acknowledged by the local authority; and shall be maintained hereafter as approved 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 LD1, LD2 and LD3.
4.	At no time shall any external lighting, except low power (under 550 Lumens/5 watts and <3000 Kelvin), ‘warm’ LED lighting in directional down-lighting luminaires on motion operated and time-limited switches 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. 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, SD1, SS6, LD1-3.
5.	Unless otherwise approved in writing by the planning authority all foul water, created by the development approved by this permission shall discharge through connection to the existing private, residential septic tank discharging to soakaway drainage field, as identified in the drainage information by Townsend Water Engineering dated 3 October 2022. 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 SD4.
6.	There shall be no playing of amplified music or the use of a fire pit or fireworks outside at any time. Reason: In order to protect the amenity of occupiers of nearby properties so as to comply with Policies SS6 and SD1 of the Herefordshire Local Plan Core Strategy 2011-31
7.	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 the holiday accommodation 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.
8.	Within 3 months of the date of this permission the roof lights found on the north eastern roof slope are to be removed in their entirety and slates to match the existing slates are to be re-laid. Reason: To safeguard the amenity of the area in compliance with Policy SD1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.
9.	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, AA, 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
10.	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order with or without modification), no windows shall be constructed in the north eastern and south eastern elevations of the property. Reason: In order to protect the residential amenity of adjacent properties and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.
11.	The windows identified as a blind window on the north eastern elevation shall remain as such at all times unless otherwise agreed in writing by the local planning authority.
	Reason: In order to protect the residential amenity of adjacent properties and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

INFORMATIVES:

IP2 – Application approved following revisions

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.

When the wood burning stove is replaced, the new appliance must meet new EcoDesign standards which came into force on 1st January 2022.

Only certain types of wood are suitable for burning and the wood must be dry. This means it should have a moisture content of less than 20%. If the applicant continues to burn his own wood, I suggest that a moisture meter is purchased. Any wood purchased by the applicant should be certified as ‘Ready to Burn’. Using fuels that are approved and labelled as ‘Ready to Burn’ ensures compliance with the Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020 that outlaw the sale of wet wood and house coal, which are the most polluting fuels.

Councillor Paul Andrews left the meeting at 12:57 p.m.

Councillor Ann-Marie Probert left the meeting at 12:57 p.m.

Supporting documents: