®Planning appeal decision
Land East of Birley Hill Cottage, Bush Bank, Hereford, HR4 8EN
the conversion of a redundant agricultural building to one self build dwelling and associated works
- Authority
- Herefordshire, County of
- Appeal type
- minor · Planning
- Procedure
- Written
- Development
- residential
- Postcode
- HR4 8EN
Main issues, as the Inspector framed them
- whether the proposal would provide a suitable site for residential development, having particular regard to the development plan policies on the re-use of rural buildings
- the effect of the proposed development on the character and appearance of the area
What decided it
The proposal fails to satisfy Regulation 63 of the Habitats Regulations because it cannot be ascertained that the development would not adversely affect the integrity of the River Wye SAC, as the proposed orchard-based mitigation lacks scientific validation and a functional mechanism to deliver nutrient neutrality.
The housing benefits and contribution to supply in a district with persistent under-delivery weighed in favour, but the harm to the habitats site and absence of suitable mitigation providing a strong reason for refusal under paragraph 11(d) of the Framework meant the presumption in favour of sustainable development did not apply, and the balance tipped against the proposal.
Framework references: 11
Plan policies cited: Policy RA5, Policy RA2, Policy RA3, Policy SD1, Policy LD1
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.