Agenda item


Proposed alterations and development of existing equine facilities to form a new indoor arena, stabling and an essential worker's dwelling.


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


The principal 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 Thomas, the applicant's agent, spoke in support of the application.


In accordance with the council's constitution the local ward member spoke on the application. In summary, he explained that the occupational need for the development had been established but concern persisted about the potential impact of phosphates from horse manure upon the local river catchment. It was noted that the phosphate content of horse manure was relatively low compared to chicken manure. The proposed section 106 agreement would provide certainty around the management of manure and the application would establish development control on the operation of the equine facility. The application was supported.


The committee debated the application.


A motion that the application be deferred to allow the applicant more time to develop and agree the proposed section 106 agreement was proposed by Councillor Sebastian Bowen and seconded by Councillor Nigel Shaw. The motion was put to the vote and was lost by a simple majority.


The local ward member was given the opportunity to close the debate. He explained that the proposed section 106 agreement would achieve efficient manure management for the benefit of the catchment.


A motion that the application be refused in accordance with the case officer’s recommendation was proposed by Councillor Yolande Watson and seconded by Councillor Jeremy Milln. The motion was put to the vote and was carried by a simple majority.


RESOLVED – that:


That planning permission be refused for the following reasons:



The application site lies within the River Lugg sub-catchment of the River Wye Special Area of Conservation (SAC) and the nature of the proposal triggers the requirement for a Habitat Regulations Assessment to be undertaken. Under the Regulations there is a requirement to establish with certainty, and beyond all reasonable scientific doubt, that there will not be any adverse effect on the integrity of the River Wye SAC. The River Lugg sub-catchment however suffers from the effects of point source and diffuse water pollution and phosphate levels in the river have already exceeded conservation objectives. The proposal is this case would add to this through the generation of additional phosphates through an intensification of the equine enterprise (increased amounts of manure) and it is not possible to demonstrate, for the lifetime of the development, how and where generated manure would be managed and, that it would not have any detrimental effects on other designated sites outside of the River Lugg hydrological catchment. As such, the Local Planning Authority is unable to conclude that that the development would not have an adverse effect on the integrity of the River Lugg / River Wye SAC. As a result, the proposal cannot be positively progressed through the Habitat Regulations Assessment process as required by The Conservation of Species and Habitats Regulations 2017 and is hence contrary to policies LD2 and SD4 of the Herefordshire Local Plan Core Strategy, policy HFSP14 of the Humber, Ford and Stoke Prior Neighbourhood Development Plan and the Natural Environment and Rural Communities (NERC) Act 2006 and the guidance set out within the National Planning Policy Framework.




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