Whylebrook Orchard Hamnish Leominster Herefordshire HR6 0QP

1. 1.The site is within open countryside and not within, on the edge of or reasonably close to a defined settlement boundary such as Leominster or Kimbolton. The proposal would therefore go against the requirements of the Herefordshire Local Plan Core Strategy policies RA3 and H4 and the Planning Policy for Traveller Sites which seek to strictly limit new traveller site development in the open countryside. In addition, distances to settlements in the vicinity suggest that occupiers of the development would be highly reliant on the use of private car to get to and from the site. In this regard the proposal represents an unsustainable form of development, contrary to Policies RA3 and H4 of the Herefordshire Local Plan Core Strategy, Policies K1 and K2 of the made Kimbolton Neighbourhood Development Plan, the policies and guidance in the National Planning Policy Framework and the Planning Policy for Traveller Sites.
2. 2.The proposed development fails to demonstrate, with the required level of certainty, that it would not affect or harm local protected species populations or features known to be present within the locality. Such certainty is required prior to the grant of permission. In the absence of sufficient ecological information and secured mitigation, the proposal is contrary to the Conservation of Habitats and Species Regulations 2017, the Wildlife and Countryside Act 1981, the National Planning Policy Framework, and Policies SS1, SS6 and LD2 of the Herefordshire Local Plan Core Strategy, as well as the Council’s duties under the Environment Act 2021 and its declared Climate and Ecological Emergency.
3. 3.The proposed application site sits within an area of low ground level with higher land surrounding which slopes down towards the application site. The site is also adjacent Whyle Brook which is within flood zones 2 and 3, and land within the site adjacent the highway which is at risk of surface water flooding. Despite a lack of Gypsy and Traveller sites within the Herefordshire area, there is a fundamental requirement of national policy to steer development away from areas of highest flood risk. Crucially, the scheme presents a substantive and unacceptable risk due to surface water flooding and the inability to demonstrate safe access and egress during flood events, given that the proposed vehicular and pedestrian access would be located within the area at risk of surface water flooding. There is no submitted Flood Risk Assessment or surface water drainage strategy, and the information which has been submitted does not resolve critical concerns regarding the absence of a robust emergency access strategy or a flood evacuation plan. These deficiencies mean that occupants and emergency responders could be placed in danger during a flood event or in other situations of emergency. As a result, the proposal conflicts with Herefordshire Local Plan - Core Strategy Policy SD3, and Paragraphs 170, and 181 of the National Planning Policy Framework, which collectively require development to be located and designed to avoid flood risk and ensure safe access at all times.

From the council's decision notice.

Postcode

HR6 0QP

Application type

Planning Permission

Applicant

Private applicant