Agenda item

202258 - SAPNESS FARM, WOOLHOPE, HEREFORD, HEREFORDSHIRE, HR1 4RJ

Retrospective erection of new stables and turn out paddocks, with associated works.

Decision:

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

Minutes:

The Senior Planning Officer provided a presentation on the application and the updates/representations received following the publication of the agenda.

 

In accordance with the criteria for public speaking Mr Slocombe spoke on behalf of Woolhope Parish Council, Mr Loyd, local resident, spoke in objection to the application and Mr Willis, the applicant’s agent, spoke in support.

 

In accordance with the council’s constitution the local ward member spoke on the application. In summary, he explained that there were concerns over the lack of planning controls on the site, resulting from a retrospective application, and the history of certificates of lawful development. The application had previously been deferred by the committee but the reports requested, as part of the deferral, had not been produced. The site was within a sensitive location and was close to an AONB; Core Strategy Policies LD1 and LD2 were relevant. The highway network around the site was not suitable for large vehicles and the defined route to the site, as specified in the travel plan, was not consistently observed by vehicles. This impacted adversely upon highways safety, posing a risk to pedestrians, and the lowering of the weight limit in the travel plan was proposed to reduce the risk of accidents. The increase in the number of horses on the site resulted in additional associated vehicle movements. The collection of manure should be undertaken on a more regular basis.

 

The committee debated the application. The following principal points were raised during the debate:

 

·       Concern was expressed regarding the nature of the application as a retrospective application and the cumulative development on site that was occurring without following correct planning process.

·       The inclusion of a requirement for a site-wide Landscape Management Plan within the conditions was raised.

·       It was noted that the hedgerow around the turnout area had been damaged by horses and it was suggested that conditions for the application could be strengthened to ensure the protection of the hedges. Further, it was suggested that a condition to ensure hedgerow diversity on the site should be included in any permission granted.

 

The Development Manager and the Legal Adviser provided clarification regarding the suggested conditioning of a comprehensive Landscape Management Plan on the site and explained that such a requirement was considered unreasonable. It was confirmed that the management intention for the hedgerow at the paddock and turnout area could be reviewed.

 

The local ward member was given the opportunity to close the debate. He explained that the landscape assessment and the travel plan for the site required review. The removal of manure from the site should be undertaken more frequently than twice yearly and the local landscape required protection from the site.

 

Councillor Bruce Baker proposed and Councillor Richard Thomas seconded a motion that the application be approved in accordance with the case officer’s recommendation.

 

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 shall be carried out strictly in accordance with the approved plans [Drawing 001; Drawing 002; and Drawing 003], 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, Woolhope Neighbourhood Development Plan,  and the National Planning Policy Framework.

           

2.

The development shall be operated in accordance with the Traffic Management Plan dated February 2024.

 

Reason: In order to ensure that the development is carried out  without adversely affecting the safe and efficient  flow of traffic  and that traffic impacts   are managed and shared  spaces encouraged  to mitigate any adverse  impacts from the development.  Thereby conforming with the requirements of Policies SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

 

3.

 

 

 

 

 

 

 

 

 

4.

 

Within 6 months of the date of this permission a landscape scheme shall be submitted to and approved in writing by the local planning authority.  The scheme shall include a scaled plan identifying all proposed planting, accompanied by a written specification setting out; species, size, quantity, density with cultivation details.

 

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, Policy WNDP1 of the Woolhope Neighbourhood Development, and the National Planning Policy Framework.

 

All planting, seeding or turf laying in the approved landscaping scheme shall be carried out in the first planting season following its approval.

 

Any trees or plants which die, are removed or become severely damaged or diseased within 10 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

 

5.

At no time shall any external lighting be installed on the site without the written approval of this local planning authority.

 

Reason:  To ensure that all species and Dark Skies are protected having regard to the Wildlife and Countryside Act 1981, Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework, NERC Act (2006), Herefordshire Local Plan - Core Strategy policies SS6, LD1, LD2 and LD3 and the Dark Skies initiative (DEFRA-NPPF 2013/18)

 

6.

Within 3 months of the date of this permission evidence (such as photos/signed Ecological Clerk of Works completion statement) of the suitably placed installation of a minimum of three bat roosting box; three bird nesting boxes; two pollinating insect habitat homes and two hedgehog home on land, buildings or trees under the applicant’s control should be supplied to and acknowledged by the local authority. These features and shall be maintained as approved thereafter.

 

Reason: To ensure that all species are protected and habitats enhanced having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation (Natural Habitats, &c) Regulations 1994 (as amended) and Policy LD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework, NERC 2006. Dark Skies Guidance Defra/NPPF 2013.

 

7.

Within 6 months of the permission being issued, a scheme for the provision of surface water drainage works shall be submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented within 12 months of agreeing the details.

 

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.

 

 

INFORMATIVES:

 

1.

The Local Planning Authority has acted positively and proactively in demining 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 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) and the Habitats and Species Regulations (2019 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. If any protected species or other wildlife is found or disturbed during works then all works should stop and the site made safe until professional ecology advice and any required ‘licences’ have been obtained. Any additional lighting should fully respect locally dark landscapes and associated public amenity and nature conservation interests.

 

3.

The permission does not authorise the stopping up or diversion of a public right of way.  A right of way may be stopped up or diverted by Order under Section 257 of the Town and Country Planning Act 1990 provided that the Order is made before the development is carried out.  If the right of way is obstructed before the Order is made, the Order cannot proceed until the obstruction is removed.

 

4.

The proposed development does not have access to mains water and is reliant on a private water supply. The officer notes that the extraction of Private Water Supplies is controlled by separate legalisation notably the Private Water Supplies (England) Regulations 2016 (as amended) and the Water Supply (Water Quality) Regulation 2016 and may require separate permission from the Environment Agency for extraction. 

 

Councillor John Stone left the meeting at 10:55 a.m.

 

There was an adjournment at 10:55 a.m.; the meeting reconvened at 11:11 a.m.

Supporting documents: