Agenda item

231806 - HILLCREST, FOY, ROSS-ON-WYE, HEREFORDSHIRE, HR9 6RD

Meeting of Planning and Regulatory Committee, Wednesday 4 June 2025 10.00 am (Item 5.)

Proposed siting of 12 no. holiday lodges for use as tourist accommodation on land within the established planning unit.

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 Thomas, applicant’s agent, spoke in support of the application.

In accordance with the council's constitution the local ward member spoke on the application. In summary, he explained that the application was at committee due to the number of significant local objections. Previously the site had been an outdoor activity centre as part of the PGL estate which provided breaks for young people. The activity centre had been open until 2019 and had been considered noisy and was accessed by larger vehicles such as coaches. There had been an expectation that the current application would generate similar levels of noise and traffic movements. However, it was likely that there would be a significant reduction in the level of noise and much smaller vehicles would be accessing the site. The proposed removal of the tower on the existing site would have a positive impact upon the landscape. It was considered that the proposal would have a neutral impact up on the landscape and it was noted that assessments of the application had determined that the requirements of the CROW act had been met. The site would include a number of environmentally sustainable measures and the proposed improvements to the access would benefit local highways. The addition of a condition requiring a noise management plan was supported. It was felt that the application complied with core strategy policies SS6 and SD1 and the local ward member was in agreement with the recommendation for approval.

The committee debated the application. There was division among the members of the committee regarding the acceptability of the application.

It was the contention of some members that the site would have an unacceptable impact upon the local landscape and it was noted that part of the screening at the site was deciduous which would only be effective when trees were in leaf. The proposal for 12 chalets on the site was an intensification of development and the scale and quantity on site was felt to be excessive. The application did not enhance or protect the national landscape and was felt to be contrary to national planning policy framework (NPPF) paragraph 89. A reduction in the number of chalets was encouraged to improve the impact of the site on the locality. The design of the chalets was not sympathetic to the surrounding area and was felt to be contrary to policy BAF4 of the Brampton Abbotts and Foy neighbourhood development plan (NDP). Due to the impact on the landscape the application was contrary to core strategy policy LD1 and it was not felt that the applicant had adequately addressed the issue of connectivity in order to satisfy core strategy policy E1.

It was the contention of other members that the application would encourage tourism into the county. It was felt that the new use of the site would have less of an impact on the local area in terms of noise and disturbance than its previous use as an outdoor activity centre. The application did not pose an unacceptable impact on the landscape and it was noted that areas of the site were screened by conifers which mitigated the impact of the site on the local landscape.

The local ward member was given the opportunity to close the debate. In summary, he explained that the impact of traffic accessing the site would be reduced with smaller vehicles arriving at staggered times. There would be a reduction in the noise generated by the site and the development would help promote tourism in the county.

Councillor Richard Thomas proposed and Councillor Simeon Cole seconded a motion that the application was 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:

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.

The development hereby approved shall be carried out strictly in accordance with the approved plans [drawing nos.821-PL01 Rev D; 821- PL06] 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 BAF2 AND BAF4 of the Brampton Abbotts and Foy Neighbourhood Development Plan and the National Planning Policy Framework.

Pre-Commencement Conditions

Prior to first commencement of the use hereby permitted, a Noise Management Plan (NMP) shall be submitted to, and approved in writing by the Local Planning Authority.

The Noise Management Plan should address the following headings:

• Statement of intent

• Brief summary of the premises / site / activities

• Location / site plan

• Inventory of potential noise sources

• Details 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

The site shall be managed in accordance with the Noise Management Plan from first occupation of the development hereby permitted.

Reason: In order to protect the amenity of occupiers of nearby properties so as to comply with Policies SS6 and SD1 of the Herefordshire Local Plan Core Strategy and the National Planning Policy Framework.

Development shall not begin until details and location of the following have been submitted to and approved in writing by the local planning authority, and which shall be operated and maintained during construction of the development hereby approved:

- A method for ensuring mud is not deposited onto the Public Highway

- Construction traffic access location

- Parking for site operatives

- Construction Traffic Management Plan

- Site compound / site welfare facilities location

- Security or other lighting

- Waste Management Plan - Removal of redundant equipment and apparatus from the site

The development shall be carried out in accordance with the approved details for the duration of the construction of the development.

Prior to the commencement of development, details (siting / location / specification) of the following shall be submitted to and approved in writing by the Local Planning Authority

a) PV Panels

b) Air Source Heat Pumps

Installation shall be undertaken in accordance with the approved details prior ot the first occupation of the lodge to which it relates.

Reason: To safeguard the landscape character of the area (National Landscape); in the interests of residential amenity in order to conform with policies SS6, SD1, SD3, SD4, LD2 and LD1 of the Herefordshire Local Plan – Core Strategy, Policy BAF4 of the Brampton Abbotts and Foy Neighbourhood Development Plan, and the National Planning Policy Framework

Prior to the commencement of development and an updated hard and soft landscaping plan that reflects the layout of as shown 821-PL01 Revision D and recommendations of

Landscape and Visual Assessment Report. Peter Quinn, 22 January 2024 shall be submitted to 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

e) Vehicle /Cycle /Pedestrian access and circulation areas.

f) Vehicle parking layouts

g) A plan showing existing and proposed finished levels or contours

The approved scheme shall be carried out concurrently with the development and shall be completed in the first planting season following the first occupation of the lodges hereby approved 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 10 years of planting will be replaced in accordance with the approved plans.

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 Policy BAF4 of the Brampton Abbotts and Foy Neighbourhood Development Plan, and the National Planning Policy Framework

Prior to occupation conditions

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

Prior to the first occupation of the holiday lodges hereby approved the following shall be laid out, properly consolidated, surfaced and drained in accordance with details shown on drawing number 8.21.PL01 Rev D:

an the area shall be laid out within the curtilage of the lodges for parking of one car per lodge.
The internal access road will be a minimum of 4.1m in width

The parking shall not thereafter be used for any other purpose than the parking of vehicles.

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

Prior to the first occupation of the lodges hereby permitted details of the future management / maintenance arrangements in relation to:

a) Road and drainage infrastructure

b) All open spaces and landscape areas (including boundaries)

c) Shared cycle store / parking facilities

d) EV charging points

e) Arrival and departure information

Shall be submitted to and approved in writing by the local planning authority.

The development shall be carried out and thereafter maintained in accordance with the approved details.

Reason: To ensure that shared facilities and adequate and acceptable means of access is available before the dwelling or building is occupied and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Before the development is first occupied a schedule of landscape management and maintenance 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.

Compliance Conditions

No hot tubs or other ancillary structures shall be installed on the application site.

Reason: To safeguard the landscape character of the area (National Landscape); in the interests of residential amenity and to maintain control over potential discharges in order to conform with policies SS6, SD1, SD3, SD4, LD2 and LD1 of the Herefordshire Local Plan – Core Strategy, Policy BAF4 of the Brampton Abbotts and Foy Neighbourhood Development Plan, and the National Planning Policy Framework.

The unit/s hereby approved shall not be occupied other than for holiday purposes and shall not be used as residential dwelling/s, including any use within Class C3 of the Town and Country Planning(Use Classes) Order 1987 (as amended).

The unit shall not be occupied for more than 28 consecutive days and shall not be re-occupied by the same occupier following the 28 days consecutive days stay.

Details of the name, permanent home address, vehicle registration shall be kept in a register a copy of which shall be made available to the Local Planning Authority for inspection at any time.

Reason: It would be contrary to Policies SS1, SS6, RA1, RA2 and RA3 of the Herefordshire Local Plan – Core Strategy, and Paragraph 84 of the National Planning Policy Framework to grant planning permission for dwellings in this location

All foul water flows created by the approved development shall be managed through connection to the existing shared private foul water system; and all surface water managed by on-site Sustainable Drainage Systems; as detailed in the drainage report by Ekoflow Limited 18 May 2023.

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.

The ecological protection, mitigation, compensation and working methods scheme including recommended Biodiversity Enhancement, any required European Protected Species Licence, and the mitigations mentioned in the PEA by Wilder Ecology dated 8 March 2023 shall be implemented in full as stated, and hereafter maintained, unless otherwise approved in writing by the local planning authority and Natural England as relevant to the protected species licence.

Reason: To ensure Biodiversity Net Gain as well as species and habitats enhancement 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 (2015) policies LD1, LD2 and LD3

With the exception of downlighters on the entrances to the lodges at no time shall any external lighting be installed on the site without the written approval of this local planning authority.

No external lighting should illuminate any boundary feature, adjacent habitat or area around the approved mitigation and biodiversity enhancement features.

No external lighting should illuminate any enhancement or boundary feature.

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)

There shall be no more than 12 lodges (caravans) sited within the application site at any one time.

Reason: To define the terms of this permission having regard to the Landscape Character of the area, Residential amenity, highway safety and Nutrient Neutrality and 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, SD1, LD1, LD2, SD3 and SD4.

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. 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.

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 “Higher Status 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.

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 holiday units the by using the service provided for households. Further advice can be sought from Herefordshire Council.

https://www.herefordshire.gov.uk/rubbish-recycling/business1waste

There was an adjournment at 10:41 a.m.; the meeting reconvened at 10:54 a.m.

Supporting documents: