Agenda item
252698 - PONDEROSA, TWYFORD COMMON ROAD, RIDGEHILL, HEREFORD, HR2 8AE
Change of use of building to storage (Use Class B8) (retrospective).
Decision:
Application approved in accordance with the case officer’s recommendation and a change to conditions.
Minutes:
Councillor Dave Davis acted as the local ward member for the application below
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 Whurr, local resident, spoke in objection to the application.
In accordance with the council's constitution the local ward member spoke on the application. In summary, he explained that the application site was located in a sensitive landscape. Concerns had been raised over the change of use for an old stable block. An initial application had been rejected 30 years previously; images of the site from 2009 and 2012 showed collapsed buildings and significant undergrowth and greenery. More recent pictures of the site, from 2024, show work that had been undertaken to the buildings and clearance of vegetation on the site. The application site was located in the river Wye SAC and was not felt to be suitable as a location for storage of building goods and materials. No tyre marks were discernible on the access to the site which brought into question its use as a storage site for building materials. There were concerns within the local community of the impact of noise generated from the site and the use of the toilet in the stables discharging effluence during times of heavy rainfall. There was concern that this application was a precursor to building a house and a holiday let on the land. The application did not enhance biodiversity or geodiversity as required by the core strategy. There were more suitable locations for builders storage within Hereford.
The committee debated the application. There was sympathy with local residents regarding the potential uses of the site in the future however the committee acknowledged it was constrained in considering the application before it which was for a change of use of building to storage (class B8). It was noted that any proposal to build a domestic dwelling on the site would be subject to a further planning application and permission. There was concern regarding the steep access to the site and the potential requirement for hard standing to facilitate the access of lorries and trade vehicles to the storage building. It was considered that in the event of a hard standing access to the site a condition would be required to protect the root system of trees on the site.
The Development Manager and the Highways Advisor provided the following clarification:
- an additional condition could be added to the permission for any changes to the access to be submitted and agreed in writing. Account could then be taken at that stage of the protection of the root system for nearby trees;
- it was confirmed that a section 184 licence would be required if there were changes to the access to the site. The requirement for this licence could be added to the permission as an informative.
The local ward member was given the opportunity to close the debate.
Councillor Bruce Baker proposed and Councillor Stef Simmons seconded a motion that the application be approved with the addition of a condition to require any changes to the access to be agreed in writing and an informative to detail the requirement of a section 184 licence to permit changes to the access.
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, the addition of a condition to require any changes to the access to be agreed in writing, an informative to detail the requirement of a section 184 licence to permit changes to the access and any other further conditions considered necessary by officers named in the scheme of delegation:
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C06 – Development in accordance with approved plans
The development shall be carried out strictly in accordance with the approved plans, 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 Policies SD1, E1, RA6 and MT1 of the Herefordshire Local Plan – Core Strategy, Policy LB2 of the Lower Bullingham Neighbourhood Development Plan and the National Planning Policy Framework.
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C52 (Hours of use, vehicle movements and deliveries)
No staff shall be on site and no deliveries shall be taken at or despatched from the site in relation to the approved use outside of the following times:
07:30 to 17:30 Mondays to Fridays; 07:30 to 14:00 Saturdays
Reason: To ensure adequate measures are in place to control noise and mitigate for the potential effects on neighbouring residential amenity, in accordance with policies E1, RA6 and SD1 of the Herefordshire Local Plan Core Strategy, policy LB2 of the Lower Bullingham Neighbourhood Development Plan and the National Planning Policy Framework.
CNS (Noise Management Plan)
By 30th April 2026, a detailed Noise Management Plan (NMP) shall be submitted to and approved in writing by the Local Planning Authority. The NMP shall provide a comprehensive overview of how the use will be operated to ensure that any potential for adverse neighbouring amenity impact through noise is minimised.
The NMP shall be broken down into and address the following subheadings:
The approved NMP shall be implemented and thereafter remain in place for the lifetime of the development.
Reason: To ensure adequate measures are in place to control noise and mitigate for the potential effects on neighbouring residential amenity, in accordance with policies E1, RA6 and SD1 of the Herefordshire Local Plan Core Strategy, policy LB2 of the Lower Bullingham Neighbourhood Development Plan and the National Planning Policy Framework.
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C57 (Restriction on use) – Storage (B8)
The use hereby approved shall be solely used for storage of construction machinery, tools and building materials and for no other use, including any other use within Use Class B8, as defined by the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification. Any other use shall not take place without the prior written consent of the Local Planning Authority.
Reason: To secure the specific nature of use applied for in respect of the defined planning unit and to control the nature of the uses in the interests of securing compliance with policies RA6, SD1 and MT1 of the Herefordshire Local Plan Core Strategy; Policy LB2 of the Lower Bullingham Neighbourhood Development Plan and the National Planning Policy Framework.
CNS (HRA – PTP and Soakaways)
Unless otherwise approved in writing by the planning authority all foul water flows from the development permitted under this permission shall discharge to a package treatment plant; and all surface water managed by on-site Sustainable Drainage System or soakaways. The foul and surface water management shall hereafter be managed and maintained as approved.
Reason: In order to ensure there are no effects on the River Lugg (Wye) SAC (SSSI) 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.
CNS (Approval of External Lighting)
Details of any external lighting proposed to illuminate the development shall be submitted to and approved in writing by the Local Planning Authority prior to its installation on site. Development shall be carried out in accordance with the approved details.
Reason: To protect the amenities of nearby properties so as to comply with polices SD1, LB2 and RA6 of Herefordshire Local Plan Core Strategy, policy LB2 of the Lower Bullingham Neighbourhood Development Plan and the National Planning Policy Framework.
CNS (Retention of Trees)
No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the construction phase and thereafter for 10 years from the date of occupation of the development for its permitted use, other than in accordance with the plans and particulars approved pursuant to this permission.
Reason: To safeguard the character and amenity of the area and to ensure that the development conforms with Policies LD1 and LD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.
CNS (No outside storage)
No goods, plant, materials or machinery associated with the approved use of the building shall be deposited or stored outside the building or land within the application red line boundary at any time.
Reason: To protect the character and appearance of the locality, to safeguard residential amenity and to comply with Policies RA6, LD1 and SD1 of the Herefordshire Local Plan – Core Strategy, Policy LB2 of the Lower Bullingham Neighbourhood Development Plan and the National Planning Policy Framework.
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INFORMATIVES:
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IP2 – Application Approved Following Revisions
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Any applicant wishing to carry out works in the highway should see the various guidance on Herefordshire Council’s website: www.herefordshire.gov.uk/directory_record/1992/street_works_licence https://www.herefordshire.gov.uk/info/200196/roads/707/highways
I33 – Ecology (General)
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Councillor Dave Davis resumed his seat on the committee
Supporting documents:
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