Arrow Grange Kington Herefordshire HR5 3HD

1. 1.The application site lies within the hydrological catchment of the River Lugg SAC, which comprises part of the River Wye Special Area of Conservation (SAC) and the nature of the proposal triggers the requirement for a Habitat Regulations Assessment to be undertaken. Under the Regulations there is a requirement to establish with certainty, and beyond all reasonable scientific doubt, that there will not be any adverse effect on the integrity of the SAC. In this instance this includes securing Nutrient Neutrality which has not been achieved. As published in May 2023 the levels of phosphates in the River Lugg exceed the water quality objectives and it is therefore in unfavourable condition and has been downgraded to “unfavourable declining” by Natural England; and this reason has been completed based on this recent change and updated SSSI Impact Risk Zone information available from Natural England (River Wye SAC – bespoke buffer – Any discharge of water or liquid waste including to mains sewer). The proposal in this case seeks permission for the removal of an existing annexe and garage and replacement with a new independent dwelling. The waste water generated by the additional population will contain phosphate and other nutrients which will ultimately enter the River Wye catchment as treated effluent. There is hence a clear pathway for the development to impact upon nutrient levels in the catchment, which is already failing to achieve its conservation objectives in these terms. Thus the Local Planning Authority is unable to conclude that the proposals would not have any adverse impact on the integrity of the River Wye SAC. As a result, the proposal is contrary to the Conservation of Habitats and Species Regulations (2017 – as amended); policies SS6, LD2 and SD4 of the Herefordshire Local Plan Core Strategy; and the guidance of the National Planning Policy Framework (Paragraphs 186 – 188).

From the council's decision notice.

Postcode

HR5 3HD

Application type

Planning Permission

Applicant

Private applicant