Agenda item

223281 - LAND AT ASHLEY FARM, GRAFTON COURT CLOSE, GRAFTON, HEREFORD, HEREFORDSHIRE, HR2 8BL

Meeting of Planning and Regulatory Committee, Wednesday 16 August 2023 10.00 am (Item 18.)

Outline permission for proposed mixed use development to provide community hub with enhanced recreation facilities including a 3G pitch, car park and access roads, change of use of land from agricultural to allotments and productive gardens new buildings to provide changing facilities, classrooms, equipment storage, poly tunnels cafe and kitchen.

Decision:

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

Minutes:

The Development Manager Majors Team gave a presentation on the application.

In accordance with the criteria for public speaking Mr Kilby, 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. He explained that he supported the application.

The committee debated the application. Support was expressed for the application.

The local ward member was given the opportunity to close the debate.

A motion that the application be approved in accordance with the case officer’s recommendation was proposed by Councillor Polly Andrews and seconded by Councillor Catherine Gennard. 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 conditions considered necessary by officers named in the scheme of delegate to officers:

Standard Conditions / Reserved Matters submission requirements

Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of the approval of the last reserved matters to be approved, whichever is the later.

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

Approval of the details of the layout, scale, appearance and landscaping (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

Reason: To enable the local planning authority to exercise proper control over these aspects of the development and to secure compliance with Policy SD1, LD1, LD2, LD3, MT1, SC1 of the Herefordshire Local Plan - Core Strategy and the National Planning Policy Framework

The development shall be carried out strictly in accordance with the approved plans:

· Location Plan: HA 43595_PL_01_D

Reason. To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policy SD1, LD1, LD2, LD3, MT1,of the Herefordshire Local Plan – Core Strategy [and the National Planning Policy Framework.

The reserved matters submission relating to layout, scale, appearance and landscaping for the development (or phase) submitted pursuant to Condition 3 shall be accompanied by details relating to the of the ancillary farm shop / café and educational / skills facility as follows:

a) Retail Floor Area

b) Hours of opening

c) Hours of Delivery

d) Waste Management Arrangements

Reason: Reason: In order to allow further assessment of impacts of the proposed uses having regard to residential amenity, retail impact and highways safety having regard to policies SD1, MT1 and E5 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework. (to inform whether a sequential approach should not be applied and ensure the proposal adheres to Para 90 of the NPPF).

The Reserved Matters submission relating to layout, scale, appearance and landscaping for the development (or phase) submitted pursuant to Condition 3 shall be accompanied by details of a submission of surface water and foul water drainage design details (including but not limited to details of shallow infiltration test results).

Reason: To ensure drainage conforms with Policies SD3 and SD4 of the Herefordshire local Plan - Core Strategy and the National Planning Policy Framework

The reserved matters submission relating to layout, scale, appearance and landscaping for the development (or phase) submitted pursuant to Condition 3 shall be accompanied by details relating to the of the sports facilities and associated buildings or uses as follows:

a) Hours of use

b) Hours of Delivery (if applicable)

Reason: In order to allow further assessment of impacts of the proposed uses having regard to residential amenity and highways safety having regard to policies SD and MT1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework. (to inform whether a sequential approach should not be applied and ensure the proposal adheres to Para 90 of the NPPF).

Pre-commencement Conditions

No development shall commencement until a map based phasing plan that identifies the following:

- Timing of delivery of on-site highway works (including but not limited to on site roads, footways and cycleways including crossing of Shaws Path)

- Timing of delivery of car park(s)

- Timing of delivery the foul and surface water drainage arrangements including any off site works

- Timing and delivery of off Site Highway works

- Any other known phases of the development (e.g buildings / structures or pitches)

The development, including the completion and delivery of infrastructure shall be constructed in accordance with the agreed phasing plan.

Reason: To clarify the delivery of the proposed development (in relation to conditions and RM submissions) and ensure the acceptable phasing of the construction so as to ensure no detriment to the safe operation of the highway network and the timely provision of necessary infrastructure to serve the proposed uses. This is to ensure compliance with Herefordshire Local Plan – Core Strategy Policies SD1, SS4, SS7, MT1, OS2.

The Reserved Matters submission relating to layout, scale, appearance and landscaping for the development of the 3G Artificial Grass Pitch submitted pursuant to Condition 3 shall be accompanied by the following details (see informative below):

- Siting

- Design

- Specification of the AGP

- Noise Mitigation measures

Reason: To ensure that the proposed development is fit for purposes and sustainable and that there is sufficient and adequate noise mitigation in place, and that there is flexibility to address concerns, in the interests of amenity in accordance with the requirements of policies SS6 and SD1 of the Herefordshire Local Plan - Core Strategy and guidance contained within the National Planning Policy Framework.

10.

No longer than twelve months prior to any works or site preparation commencing a full, Construction Environmental Management Plan (CEMP) – including but not limited to detailed ecological working methods and consideration of all environmental effects of construction processes shall be submitted to and agreed in writing by the Local Planning Authority.

The approved CEMP shall be implemented in full for the duration of all construction works at the site unless otherwise approved in writing by the Local Planning Authority.

If works are to be undertaken in phases, then the CEMP should clearly identify this.

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.

11.

Prior to the commencement of any phase of development a Construction Management Plan for that phase shall be submitted to and approved in writing by the Local Planning Authority. The approved Construction Management Plan (s) shall thereafter be adhered to throughout the construction period for that phase. The Construction Management Plan shall include, but is not limited to, the following matters:

a) site management arrangements, including on-site storage of materials, plant and machinery; temporary offices, contractors compounds and other facilities;

b) on-site parking and turning provision for site operatives, visitors and construction vehicles (including cycle parking for staff and visitors); and provision for the loading/unloading of plant and materials within the site;

c) wheel washing facilities and other measures to ensure that any vehicle, plant or equipment leaving the application site does not carry mud or deposit other materials onto the public highway;

d) measures for managing access and routing for construction and delivery traffic;

e) hours during which construction work, including works of site clearance, and deliveries can take place.

f) Tree / hedge protection plan for the phase of development

g) 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, in the interests of safeguarding adjoining amenity and uses and to conform to the requirements of Policies SD1, LD2, and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy

12.

Development shall not begin in relation to any of the specified improvements / works necessary to provide access from the nearest publicly maintained highway or other works related to the crossing of Shaw’s Path until details have been submitted to and approved in writing by the Local Planning Authority following the completion of the technical approval process by the Local Highway Authority.

The development shall not be first used or occupied until the scheme has been constructed in accordance with the approved details.

Reason: To ensure the safe and free flow of traffic on the highway and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy Plan and the National Planning Policy Framework

Pre-occupation / Pre Use Conditions

13.

No premise shall be occupied until a potable water scheme to serve the development has been submitted to and approved in writing by the Local Planning Authority.

The scheme shall demonstrate that the existing water supply system can suitably accommodate the proposed development. If necessary, a scheme to reinforce the existing public water supply system in order to accommodate the development shall be delivered prior to the occupation of any building. Thereafter, the agreed scheme shall be constructed in full and remain in perpetuity.

Reason: To ensure the development is served by a suitable potable water supply in accordance with the requirements of policy SD3 of the Herefordshire Local Plan Core Strategy.

14.

Prior to the first use of or occupation of the development hereby permitted full details of a scheme for the provision of covered and secure cycle parking facilities to serve the proposed uses 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 SS7, SD1, MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

15.

The use of the Artificial Grass Pitch hereby permitted shall not commence until:

(a) certification that the Artificial Grass Pitch hereby permitted has met FIFA Quality Concept for Football Turf – FIFA Quality or equivalent International Artificial Turf Standard (IMS) and

(b) confirmation that the facility has been registered on the Football Association’s

Reason: To ensure the development is fit for purpose and sustainable and to accord with Herefordshire Local Plan Core Strategy Policy OS2

16.

Before the 3G AGP hereby approved is brought into use, a Management and Maintenance Scheme for the facility including management responsibilities, a maintenance schedule and a mechanism for review shall be submitted to and approved in writing by the Local Planning Authority after consultation with Sport England. This shall include proposed measures to ensure the replacement of the Artificial Grass Pitch when the surface needs to be replaced. The measures set out in the approved scheme shall be complied with in full, with effect from commencement of use of the 3G AGP.

Reason: To ensure that a new facility/ies is/are capable of being managed and maintained to deliver [a facility/facilities] which is fit for purpose, sustainable and to ensure sufficient benefit of the development to sport and to accord with Herefordshire Local Plan Core Strategy Policy OS2

17.

No development hereby permitted shall be brought into use until written and illustrative details of the number, type/specification and location of electric vehicle charging point, shall be submitted to and approved in writing by the Local Planning Authority.

The electric vehicle charging points shall be installed in accordance with the approved details 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

18.

Prior to first commencement of any use hereby permitted, a noise management plan for thst use or phase shall be submitted to, and approved in writing by the Local Planning Authority.

The Noise Management Plan (NMP) should address the following points as a minimum:

• statement of intent

• a brief summary of the premises / site / activities

• a location / site plan

• an inventory of potential noise sources, including noise from voices detail of noise controls and limits (e.g. site rules)

• site noise monitoring and / or evaluation

• responding to complaints (including actions to be undertaken and recorded)

• management command, communication, and contact details

• periodic NMP review

Reason: To ensure that there is sufficient and adequate noise mitigation in place, and that there is flexibility to address concerns as they arise, in the interests of amenity in accordance with the requirements of policies SS6 and SD1 of the Herefordshire Local Plan - Core Strategy and guidance contained within the National Planning Policy Framework.

19.

A BS4142:2014 assessment (methods for rating and assessing industrial and commercial sound) in relation to any external fixed plant or equipment shall be carried out and submitted to and approved in writing by the Local Planning Authority prior to any installation. Works and sitallation shall be carried out in accordance with the approved details prior to first use and shall be maintained and kept in good working roder thereafter as specified by the manufacturer.

20.

Prior to first commencement of any use hereby permitted a detailed specification and location plan for ‘hard’ habitat enhancement features including provision of bat roosting features (such as bat boxes or bricks), bird nesting boxes (mixed types) and provision of hedgehog homes and hedgehog highways through any impermeable boundary features shall be approved in writing by the planning authority. The approved scheme shall implemented in full prior to any occupation of approved dwellings and be hereafter maintained.

21.

Prior to first installation of any external lighting to illuminate the development (e.g building / car parking footways) a detailed specification and location plan shall be submitted to and approved in writing by the Local Planning Authority. This excludes sports related flood lighting (see informative below).

Reason: To allow consideration of the impacts of the proposed lighting on biodiversity, amenity, landscape character, pedestrian, highway and rail safety having regards to the requirements of policies SS6, SD1, MT1 of the Herefordshire Local Plan – Core Strategy.

Compliance Conditions

22.

No surface water and/or land drainage shall be allowed to connect directly or indirectly with the public sewerage network.

Reason: To prevent hydraulic overloading ofthe public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment

23.

All surface water flows created by the approved development shall be managed through relevant Sustainable Drainage System (SuDS). The approved SuDS shall be hereafter maintained and managed as approved. No surface water shall be discharged to any mains sewer system.

Reason: In order to ensure Nutrient Neutrality and 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, SD3 and SD4

24.

Only foul water from the development site shall be allowed to discharge to the public sewerage system and this discharge shall be made at: or downstream of manhole reference number S049373646 as indicated on the extract of the Sewerage Network Plan attached to this decision notice. No building shall be occupied until it is served by the approved connection.

Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment.

25.

No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged inany manner during the construction phase and thereafter for 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars.

Reason: In order to maintain the visual amenities of the area and to conform with Policy LD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

26.

Any farm shop hereby permitted as shall be used for Class E (a) and for no other purpose (including any other purpose in Class E 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 wish to control the specific use of the land/premises, in the interest of local amenity and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

27.

Any café herebey permitted shall be used for Class E (b) and for no other purpose (including any other purpose in Class E 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 wish to control the specific use of the and/premises, in the interest of local amenity and to comply with Policies MT1 and SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

28.

In the event that the polytunnels hereby permitted become redundant and all other associated development shall be removed and the land reinstated to its original condition within nine months.

Reason: In order to maintain the visual amenities of the area and to conform with Policy LD1 and SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

29.

Except where otherwise stipulated by condition, the development shall be carried out strictly in accordance with the following documents and plan:

Bearwood Associates Ltd – BS5837:2012 Arboricultural Impact Assessment Oct 2022

Reason: To ensure that the development is carried out only as approved by the Local Planning Authority and to conform with Policies LD1 and LD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

INFORMATIVES:

1. IP2 - Application Approved Following Revisions

2. This permission does not authorise the display of any advertisements on the site (including any shown on the plans accompanying the application). Separate application should be made to Herefordshire Council in accordance with the Town and Country Planning (Control of Advertisements)(England) Regulations 2007

3. The submitted details should demonstrate that the AGP meets relevant design guidance from FA and RFU to meet relevant requirements for training and matchplay use (where relevant).

Guidance on preparing Community Use Agreements is available from Sport England. http://www.sportengland.org/planningapplications/ For artificial grass pitches it is recommended that you seek guidance from the Football Association/England Hockey/Rugby Football Union on pitch construction when determining the community use hours the artificial pitch can accommodate.

4. Any works on this land will need to be undertaken following engagement with Asset Protection to determine the interface with Network Rail assets, buried or otherwise and by entering into a Basis Asset Protection Agreement, if required, with a minimum of 3 months notice before works start. Initially the outside party should contact assetprotectionwales@networkrail.co.uk

5. The proposed development site is crossed by public sewers with the approximate position being marked on the attached Statutory Public Sewer Record. The positions shall be accurately located, marked out on site before works commence and no operational development shall be carried out within a specified easement zone either side of the centreline of the public sewers. The applicant is advised to contact Welsh Water to discuss.

6. The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 other Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition.

Further information can be obtained via the Developer Services pages of www.dwrcymru.com. The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water to establish the location and status of the apparatus.

7. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.

8. In accordance with National Planning Policy Framework (Edition 11) and Technical Advice Note 12 (Design), the applicant is advised to take a sustainable approach in considering water supply in new development proposals, including utilising approaches that improve water efficiency and reduce water consumption. We would recommend that the applicant liaises with the relevant Local Authority Building Control department to discuss their water efficiency requirements. The approved use should investigate an adequate grease trap to be fitted, in accordance with environmental health regulations, and maintained thereafter so as to prevent grease entering the public sewerage system.

9. As the proposed orchard planting shown on the masterplan is currently outside the application boundary no condition to ensure the detailed specifications for provision planting and management of the orchard area are currently relevant. As an advisory any application to include the orchard planting should demonstrate that it will be a Traditional “standard” Orchard with all trees on fully vigorous rootstocks and include a range of fruit types and varieties – including heritage varieties of local distinctiveness. The understorey should be a traditional wildflower rich seed mixture. A relevant minimum 30 year establishment and maintenance plan should be provided that recognises the extensive formative care and pruning that will be required and specialist nature of the pruning and management of fruit trees.

10. There is a Prohibition of Driving Order on byway GF7 and HA14, so these cannot be used by vehicles to access the site.

11. 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), 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. If in any doubt it advised that advice from a local professional ecology consultant is obtained.

12. The applicant’s attention is drawn to the comments of Sport England who will require (either as part of the Reserved Matters or discharge of condition) details to include plans and information to show the proposed location of the AGP within the existing playing field, the overall AGP dimensions including run-off areas, proposed hard-surfaced areas for goal storage, spectator viewing/circulation, the proposed carpet pile length, shockpad specification, infill material containment and de-contamination zones, sports fencing design, proposed pitch line markings for various pitch sizes to be provided, and detailed sports lighting design. The AGP shall not be constructed other than in accordance with the approved details.

The application submission for the development of the 3G AGP did not propose (within plans or documents) the use of flood lighting and as such a separate planning permission would be required. The applicant’s attention is drawn to the comments received from statutory and non-statutory consultees in respect of impacts of lighting for the proposed development.

13. The applicant’s attention is drawn to the comments of Network Rail.

Councillor Richard Thomas resumed his seat on the committee.

Supporting documents:

223281 - LAND AT ASHLEY FARM, item 18. PDF 1 MB