The Paddocks Lower Eggleton Ledbury Herefordshire HR8 2UG

1. 1.The application site lies within the River Lugg sub-catchment of the River Wye Special Area of Conservation (SAC) and the nature of the proposal triggers the requirement for a Habitat Regulations Assessment (HRA) 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 River Wye SAC. The River Lugg sub-catchment however has exceeded its conservation objectives with further scope for phosphate generating development limited. The application fails to demonstrate with scientific certainty that there would be no unmitigated phosphate pathways. As such the Local Planning Authority is unable to conclude that that the development would not have an adverse effect on the integrity of the River Lugg / River Wye SAC. As a result, the proposal cannot be screened positively, failing the requirements of The Conservation of Species and Habitats Regulations 2017 and is hence contrary to Policies LD2 and SD4 of the Herefordshire Local Plan - Core Strategy, the Natural Environment and Rural Communities (NERC) Act 2006 and the guidance set out at Paragraphs 174-177 of the National Planning Policy Framework.
2. 2.The current conditions which restrict the use of the approved Day Room maintains the use of the site, known as ‘The Paddocks,’ to a family meeting the definition of Gypsies and Travellers as defined in Annexe 1, paragraph 1 of the Communities and Local Government "Planning Policy for Traveller Sites" March 2015. The introduction of bedrooms or other sleeping arrangements within the Day Room has not been sufficiently justified and would in principle allow the Day Room to be used as a detached dwelling which would not reflect the specific needs of a Gypsy and Traveller site and would be contrary to the requirements of policy SD4 of the Herefordshire Local Plan Core Strategy and paragraph S20 of Herefordshire Gypsy and Travellers Accommodation Assessment April 2022.

From the council's decision notice.

Postcode

HR8 2UG

Application type

Planning Permission

Applicant

Private applicant