Agenda item

242591 - LAND AT LOWER WOODEND, STOKE LACY, HEREFORDSHIRE, HR7 4HQ

Change of use of land to plant hire business and erection of a pole barn associated with this use, and erection of an additional building for a mixed use of plant hire business and domestic use. (Retrospective)

Decision:

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

Minutes:

The Senior Planning Officer provided a presentation on the application.

 

In accordance with the criteria for public speaking Mr Arundale, local resident , spoke in objection to the application and Mr Green, 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 the application concerned a local enterprise that could be considered consistent with paragraph 88 of the national planning policy framework and core strategy policy RA6. The application had been considered by the local parish council which was in favour but with the imposition of appropriate conditions to limit the hours of operation and safeguard road users. There were however concerns from local residents to the site who had raised objections to the application concerning: the unsuitability of the local highway network and the absence of passing places leading to the site; the potential for the future expansion of the site; the noise, lighting and working hours of the site causing a detrimental impact on residential amenity; the discharge of water from the site onto the local highway and the risk of flooding and surface damage; and the impact on the landscape. It was important that the committee consider reasonable and appropriate conditions to protect residential amenity during its deliberations on the application.

 

The committee debated the application. There was division among the members of the committee regarding the acceptability of the application. The following principal points were raised during the debate:

 

·       The conditioning of improvements to the highway and the provision of passing places;

·       It was noted that the reasons for refusal to an earlier application, concerning the site, had been overcome by the conditions in the current application;

·       Concern was expressed that further growth of the enterprise might render the current location unsuitable;

·       The extent of the local objections suggested that the business was too big for its current location and situated in the wrong place; and

·       The impact of traffic on rural lanes and the enforcement of limits on vans accessing the site.

 

The Development Management Service Manager and the Highways Adviser provided the following clarification:

 

·       The condition of the local highway surface could not be resolved through conditions on the application:

·       The impact of the development on the local highway had not been considered sufficiently severe to required the provision of passing places;

·       The applicant had agreed to the conditions proposed with the current application; and

·       The condition relating to the access of three vans could be extended to include a requirement for the applicant to keep a schedule of all vehicles accessing the site.

 

The local ward member was given the opportunity to close the debate. He explained that if the committee was minded to accept the officer recommendation and approve the application a number of conditions should be considered including: limits on the number of people allowed on site; limits on the number of trips generated by the site; mitigation of noise emanating from the site; and control of who was allowed on site. Efforts were required to ensure the avoidance of adverse impacts of the site on residential amenity. It was requested that in the event that the application was approved the local ward member and Chairman of the committee were consulted on the final conditions attached to the permission.

 

Councillor Bruce Baker proposed and Councillor Dave Davies seconded a motion to approve the application in accordance with the case officer’s recommendation and a delegation to the local ward member and Chairman of the committee to be consulted on the final conditions. 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; any other further conditions considered necessary by officers named in the scheme of delegation to officers; and consultation with the local ward member and the Chairman of the committee on the final conditions attached to the permission:

 

1.

Development in accordance with the approved plans

 

The development shall be carried out strictly in accordance with the approved plans (22_1235A – 001 REV 03, 22_1235A – 003 REV 02, 22_1235A – 005 REV 01, 22_1235A – 006 REV 01), 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.

 

2.

Landscape Scheme

 

Within 3 months of the date of this permission, 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

b)         Trees and hedgerow that have been removed.

c)         All proposed planting, accompanied by a written specification setting out; species, size, quantity, density with cultivation details.

d)         All proposed and existing boundary treatment.

e)         A schedule of landscape maintenance for a period of 5 years

 

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 SL1 of the Stoke Lacy Neighbourhood Development PLan and the National Planning Policy Framework.

 

3.

Implementation

 

All planting, seeding or turf laying in the approved landscaping scheme shall be carried out in the first planting season following the discharge of condition 2 of this permission. 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, Policy SL1 of the Stoke Lacy Neighbourhood Development Plan and the National Planning Policy Framework

 

4.

Within 3 months of the date of this permission, evidence that the surface water drainage scheme as proposed within the Sustainable Drainage Assessment by GeoSmart (dated 15/04/2024) has been implemented in full. The surface water drainage arrangements shall be maintained as approved thereafter.

 

Reason: To prevent the increased risk of flooding and to comply with Policies SD3 and SD4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

 

5.

Within 3 months of the date of this permission, visibility splays, and any associated set back splays at 45 degree angles shall be provided from a point 0.6 metres above ground level at the centre of the access to the application site and 2 metres back from the nearside edge of the adjoining carriageway (measured perpendicularly) for a distance of 30 metres in each direction. Due to the narrow nature of the access road the visibility splay will be permitted to be measured to the centreline of the adjoining carriageway. Thereafter, nothing shall be planted, erected and/or allowed to grow on the triangular area of land formed which would obstruct the visibility described above.

 

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.

 

6.

Within 3 months of any planning permission being granted the development hereby permitted shall provide full details of a scheme for the provision of covered and secure cycle parking facilities within the curtilage of the business. This shall be submitted to the Local Planning Authority for their written approval. Once approved the covered and secure cycle parking facilities shall be carried out in strict accordance with the approved details and available for use by staff. 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 to the requirements of Policies SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

 

7.

No more than the 3 vans confirmed to operate from the site shall operate from or be stored at the site at any one time.

 

Reason: To prevent any further intensification of the use of the site and Woodend Lane, which would result in an adverse impact upon the safety of the public highway and to accord with policies SD1 and MT1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

8.

The loading and unloading of delivery vehicles together with their arrival and departure from the site shall not take place outside the hours of 0730 to 1700 Mondays to Fridays nor at any time on Saturdays, Sundays, Bank or Public Holidays.

 

Reason: To safeguard the amenities of the locality and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

9.

No artificial lighting features, including but not limited to floodlighting and other internal or external lighting associated with the approved development shall be illuminated across any period between sunset and sunrise without the prior written approval of the local planning authority. The use of ‘low glow’ or ‘no glow’ infrared security lighting associated with security for the commercial use of the site is acceptable.

 

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

 

INFORMATIVES:

 

1.

Application Approved Without Amendment

 

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.

 

 

Supporting documents: