Agenda item
243176 - LAND OFF WELLBROOK ROAD, PETERCHURCH, HEREFORDSHIRE
Erection of an agricultural building on agricultural land.
Decision:
Application approved in accordance with the case officer’s recommendation.
Minutes:
The principal 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, a statement was read on behalf of Mr Gibbs, local resident, in objection to the application and Mrs Boaz, the 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 had received objections from local residents and the parish council. A number of objections had concerned flooding and drainage and a lot of work had been undertaken to address these concerns. The positioning of the application site in relation to Saint Peter’s holy well had been raised as an issue but this concern had been addressed with clarification as to where the barn would be positioned on the site. The location of the barn on the site would be below and positioned away from St Peter’s holy well and so would not have an impact on this water supply. The positioning of the barn would have no additional impact on surface water flooding from the application site.
The committee debated the application. It was noted that the application was for an agricultural building on agricultural land. The barn would not be positioned close to Saint Peter’s holy well and would be set at a level below this water source. Concerns raised regarding manure were not felt to be compelling given the agricultural nature of the site. It was noted that local residential properties were set at 400 metres from the site.
Councillor Peter Hamblin 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 unanimously.
RESOLVED:
That planning permission be granted subject to the following conditions and any further conditions considered necessary by officers named in the Scheme of Delegation to Officers:
1. Time limit for commencement
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. Development in accordance with approved plans
The development shall be carried out strictly in accordance with the approved plans (drawing no. 8396/1 and document entitled “Planning Statement”), 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, the Peterchurch Neighbourhood Development Plan and the National Planning Policy Framework.
3. Vehicular Access Construction
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.
4. Access Construction
The first 10m of the access off the highway should have a bound surface such as tarmac, gravel is not acceptable for the first 10m.
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.
5. Protected Species and Dark Skies (external illumination)
Unless otherwise agreed in writing by the planning authority, no external or internal lighting associated with the permitted development shall be permanently illuminated between dusk and dawn except in an emergency.
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.
6. Surface Water Drainage Strategy
The development shall be carried out in accordance with the approved details (Surface Water Drainage Strategy received by email 14th August 2025) for the duration of the development.
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. 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. Wildlife Protection Informative
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.
3. Biodiversity Net Gain Informative
Councillor Matthew Engel left the meeting at 12:08.
Supporting documents:
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243176 – LAND OFF WELLBROOK ROAD, PETERCHURCH, HEREFORDSHIRE, item 37.
PDF 743 KB -
COMMITTEE UPDATE - application 243176, item 37.
PDF 186 KB