Residential development of the site and associated works comprising the conversion of traditional agricultural building to four dwellings, and the replacement of modern agricultural buildings with four new- build dwellings.

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

 

The Planning Officer gave a presentation on the application.

 

In accordance with the criteria for public speaking, Mr Saunders spoke on behalf of Llangarron Parish Council, the Clerk read out a written statement by Mr Thackeray on behalf of local residents who object, and Mr Tompkins, the applicant's agent, spoke in support of the application.

 

In accordance with the council's constitution the local award member spoke on the application, she explained that the application has local support for the conversion of local stone buildings as long as they are carried out sensitively. Instead, the application’s proposal to remove modern farm buildings with new dwellings is where local people and the parish council is not supported as this is contrary to NDP policy and RA3 of the Core Strategy. The local ward member asked members to consider whether the fall-back position, the existing class Q permission, was sufficient enough to set aside the aforementioned NDP and RA3.

 

The committee debated the application. During consideration of the application the committee raised the following principal points:

 

-          The new barns are not sympathetic to the existing farmstead and historic buildings.

-          The conversion of the old barns appears to have local support whilst the conversion of the new barns are already covered by Class Q which means that even if the application is refused, then Class Q will come into play and the old barns will be converted but not to a standard that this application would allow.

-          The site needs to be developed as a whole and conditions will come into play and local stone, for example, can be used which covers the objections against the new barns’ design and appearance.

-           

The local ward member was given the opportunity to close the debate. She explained that Class Q should not be used as leverage to determine the outcome of the application. She thanked members for the debate and awaited the outcome.

 

A motion that the application be approved in accordance with the case officer’s recommendation was proposed by Councillor Bruce Baker and seconded by Councillor Clare Davies. 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 and any other further conditions 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 (drawing nos. P002C; P003D; P100B; P101B; P102B; P103B; P104A; P105A; P106A; P107A; Permissive path route), except where otherwise stipulated by conditions attached to this permission.

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 and the National Planning Policy Framework.

 

3.                   With the exception of any site clearance and groundwork, no further development shall take place until details or samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

 

Reason: To ensure that the materials harmonise with the surroundings so as to ensure that the development complies with the requirements of Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

4.                   Prior to first occupation of the approved development, 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.

 

5.                   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.

 

6.                   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.

 

7.                   With the exception of site clearance and groundworks, no further development shall commence until detailed surface water and foul water drainage layout and construction drawings have been submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented before the occupation of the development hereby approved.

 

Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal and to comply with Policy SD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

8.                   Unless otherwise approved in writing by the planning authority, all foul water created by any development permitted under this permission shall discharge through connection to the local mains sewer network managed by Welsh Water’s Goodrich Wastewater Treatment Works.

 

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.

 

9.                   Unless otherwise approved in writing by the planning authority, all surface water shall discharge through a suitably sized Sustainable Drainage System (SuDS).

 

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 SD3.

 

10.                At no time shall any external lighting, except low power (under 550 Lumes/5 watts), ‘warm’ LED lighting in directional down-lighters on motion operated and time-limited switches, that is directly required in relation to the immediate safe use of the approved dwellings 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 Bat Conservation Trust or 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.

 

11.                The ecological protection working methods scheme and mitigation measures (including specific Bat related recommendations) as detailed in the ecology report by Naturally Wild dated April 2022 shall be fully implemented and hereafter maintained 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.

 

12.                Prior to any new construction work commencing a detailed scheme and annotated location plan for proposed biodiversity net gain enhancement features including significant and meaningful provision of ‘fixed’ habitat features such as at least TEN habitat boxes supporting bird nesting and TWO hedgehog homes and ‘hedgehog highways’ through all solid boundary features must be supplied to and approved in writing by the local authority. The approved scheme shall be implemented in full and hereafter maintained as approved unless otherwise agreed in writing by the local planning authority. All tree and woody shrub planting should only consist of locally characteristic native species.

 

Reason: To ensure that all protected species are considered and habitats enhanced 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 and Countryside Act 1981, National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy (2015) policies SS1, SS6 LD1, LD2 and LD3.

 

13.                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 of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment

 

14.                Prior to the first occupation of the development a scheme demonstrating measures for the efficient use of water as per the optional technical standards contained within Policy SD3 of the Herefordshire Local Plan Core Strategy shall be submitted to and approved in writing by the local planning authority and implemented as approved.

 

Reason: To ensure compliance with Policies SD3 and SD4 of the Hereford Local Plan – Core Strategy and the National Planning Policy Framework

 

15.                Before any other works hereby approved are commenced, visibility splays as per drawing P002 rev C should be provided. Nothing over 0.6m in height, measured from the height of the carriageway of the public highway, should be placed within the splays.

 

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

 

16.                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.

 

17.                Prior to the first occupation of the dwellings hereby approved the existing vehicular access points onto the adjoining highway shall be permanently closed. Details of the means of closure and reinstatement of the area shall be submitted to and approved in writing by the local planning authority prior to the commencement of any work in relation to the closure of the access points.

 

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

 

18.                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.

 

19.                Those parts of the development which are to be of stonework shall be of local stone, properly coursed, laid on its natural bed in a mortar approved by the local planning authority prior to the commencement of any works to the stonework.. The works shall be carried out in accordance with the approved details

 

Reason: In the interests of conserving the character of the building so as to ensure that the development complies with the requirements of Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

20.                All alterations to external elevations shall be made good using matching and where available original materials.

 

Reason: To maintain the appearance of the building so as to ensure that the development complies with the requirements of Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

21.                Prior to the first occupation of the dwellings hereby permitted, a scheme of the Implementation, management and maintenance of the permissive path detailed on the approved plans shall be submitted to and approved in writing by the Local Planning Authority. The path shall be made available for use and thereafter managed in accordance with the approved details prior to the first occupation of the dwellings hereby permitted.

 

Reason: To provide alternative means of pedestrian access in accordance with the aims of policies SS4 and MT1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

 

INFORMATIVES:

 

1.                   Application Approved Following Revisions

 

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.                   The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the 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.

 

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

 

3.                   THIS PERMISSION DOES NOT CONVEY A BUILDING REGULATIONS APPROVAL under the Building Regulations 2010. The works may also require Building Regulations approval.

 

In relation to energy efficiency, the Approved Document Part L1B makes specific reference to exemptions and considerations for certain building types, including, ‘Buildings of traditional construction with permeable fabric that both absorbs and readily allows the evaporation of moisture’.

 

They advise, ‘the aim should be to improve energy efficiency as far as is reasonably practicable…work should not prejudice the character of the host building or increase the risk of long-term deterioration of the building fabric or fittings.’

 

Additional guidance on appropriate materials can be found online in the following document:

 

·         Energy Efficiency and Historic Buildings - Application of Part L of the Building Regulations to historic and traditionally constructed buildings; Historic England, 2015.