Agenda item

233688 - LAND AT UPPER HOUSE, LYNE DOWN, HEREFORDSHIRE

Meeting of Planning and Regulatory Committee, Wednesday 5 June 2024 10.00 am (Item 5.)

Change of use of agricultural land to use for holiday huts. 2 shepherd huts and creation of car parking area.

Decision:

Application approved with a change to conditions.

Minutes:

The Senior Planning Officer provided 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 Botfield, local resident, spoke in objection to the application and Ms Dray, applicant, spoke in support.

In accordance with the council’s constitution the local ward member spoke on the application. In summary, he explained that the application would result in a significant increase in car movements along a very narrow, private lane. The increase in vehicle movements would have an adverse impact upon residential amenity and highway safety and was contrary to core strategy policy MT1. The vehicle movements associated with the site militated against the principle of sustainable development, contrary to the local neighbourhood development plan and core strategy policy SD1. The application represented over intensification and was inappropriate within the location. The shepherds huts were out of character and were detrimental to the landscape. There was concern that the choice of willow as a screening hedge would take a long time to become established. The application would also result in neighbouring properties being overlooked. There was considerable local concern regarding the application and there was objection to the proposal due to the inappropriate setting of its location.

The committee debated the application, the following principal points were raised:

· The proximity of neighbours to the application site was acknowledged and concern was expressed regarding the impact of the site on local residents. As an addition to the conditions for the application it was felt that a site management plan should be included to regulate the operation of the holiday lets. The plan should include: conditions relating to noise, including a prohibition on all amplified music; hours of check-in to prevent late arrival on the site; and the exclusion of hot tubs and ancillary structures on the application site.

· The effectiveness of the screening of the shepherds huts was raised and it was felt that the landscaping scheme, required by the proposed condition, should ensure the planting of substantial shrubs. The planting of larger, substantial shrubs would provide effective screening that would promptly become established and reduce the impact of the application site on the landscape.

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

Councillor Richard Thomas proposed and Councillor Dave Davies seconded the approval of the application subject to the changes to conditions as outlined below:

- The inclusion of a condition to require the completion of a site management plan to regulate: noise, including a prohibition on all amplified music; hours of check-in to prevent late arrival on the site; and the exclusion of hot tubs and ancillary structures on the application site; and

- The inclusion in the landscaping scheme of a requirement for larger, substantial shrubs to be planted to provide screening of the shepherds huts.

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; a condition to require the completion of a site management plan (to regulate noise, including a prohibition on all amplified music, hours of check-in, to prevent late arrival on the site and the exclusion of hot tubs and ancillary structures from the application site); the inclusion in the landscaping scheme of a requirement for larger, substantial shrubs to be planted to provide screening of the shepherds huts: 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 hereby approved shall be carried out strictly in accordance with the approved plans (23_515/sk01D; 23_515/SK02 A; 23_515/SK03 C; 23_515/01 C; 23_515/02 A; 23_515/03 A; 23_515/ 04; and the schedule of materials indicated thereon. 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 Policy SD1 of the Herefordshire Local Plan – Core Strategy, Policy SD1 of the Much Marcle Neighbourhood Development Plan, and the National Planning Policy Framework
3.	No development shall commence, including site clearance and ground works, until a landscape scheme, is submitted and approved in writing by the local planning authority. The scheme shall include a scaled plan identifying: A. All proposed planting, accompanied by a written specification setting out; species, size, quantity, density with cultivation details. B. All existing and 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
4.	The shepherds huts shall be used for holiday accommodation and for no other purpose (including any other purpose in Class 3 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
5.	As detailed in supplied plans and reports all foul water shall discharge to new One 2 Graf Treatment Plant discharging to a drainage field and all surface water shall be managed by appropriate onsite infiltration-soakaway systems; unless otherwise agreed in writing by the Local Planning Authority. Reason: In order to comply with 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, SD3, SD4 and LD2
6.	No external lighting shall be provided other than the maximum of one external LED down-lighter above or beside each external door (and below eaves height) with a Corrected Colour Temperature not exceeding 2700K and brightness under 500 lumens. Every such light shall be directed downwards with a 0 degree tilt angle and 0% upward light ratio and shall be controlled by means of a PIR sensor with a maximum over-run time of 1 minute. The Lighting shall be maintained thereafter in accordance with these details. 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; ; and the council’s declared Climate Change and Ecological Emergency
7.	No amplified or other music shall be played outside the following times 10:30pm and 08:00am. There shall be no fireworks nor open fires within the application site. Reason: In order to protect the amenity of occupiers of nearby properties and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.
8.	Prior to first occupation of the shepherds huts hereby approved, evidence of the suitably placed installation on the approved building, or on other land under the applicant’s control, of a minimum total of FOUR bird nesting boxes and TWO Bat roosting features/boxes 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. No habitat boxes should be located in Ash trees due to future effects of Ash Dieback Disease and likely loss of these trees. 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.
9.	All planting, seeding or turf laying in the approved landscaping scheme 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. Reason: To ensure implementation of the landscape scheme approved by local planning authority in order to conform with policies SS6, LD1 and LD3 of the Herefordshire Local Plan - Core Strategy and the National Planning Policy Framework

INFORMATIVES:

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, including any representations that have been received. It has subsequently determined to grant planning permission in accordance with the

presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

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 Great Crested Newts, all Bat species, 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.

Herefordshire Council would remind the operators of the units that they will need to make provision for commercial waste arrangements and should not dispose of any waste associated with the use of the shepherds huts the by using the service provided for households. Further advice can be sought from Herefordshire Council. https://www.herefordshire.gov.uk/rubbish-recycling/business-waste

There was an adjournment at 10:45 a.m.: the meeting reconvened at 10:57 a.m.

Supporting documents: