Agenda item

Change of use of land to a dog exercise field.

Public Participation

·       Mr Ernie Clark, local resident, spoke in objection to the application.

·       Mr Ben Pearce, agent for the applicant, spoke in support of the application.

The Senior Planning Officer, Jemma Foster, introduced the report which recommended that the Committee granted planning permission, subject to conditions.

Key material considerations were identified including the principle of development; impact upon the character and appearance of the area; impact upon neighbouring amenity; and highways issues.

Members of the Committee then had the opportunity to ask technical questions of the officer. Details were sought on the emptying of the dog waste bins on site, to which it was confirmed that the applicant would provide waste bags and would instruct a specialist contract company to arrange for the collection and disposal of any dog waste.

The two named public speakers then had the opportunity to present their views to the Committee as detailed above.

Mr Ernie Clark departed the meeting as a member of the public at 15.21pm.

A brief debate followed where members discussed the projected level of additional traffic movements, the existing use of the land, the various users of the lane being a combination of pedestrians, cyclists, and horse riders as well as motorised traffic, and the nature of the lane as a single-track road with a dead-end further to the north beyond the application site.

During the debate, a motion to grant planning permission in line with officer recommendations was moved by Councillor Jonathon Seed and was seconded by Councillor Suzanne Wickham. Following a vote on the motion, it was:

Resolved:

The Committee GRANTED planning permission subject to the following conditions:

1.    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

REASON: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2.    The development hereby permitted shall be carried out in accordance with the following approved plans and documents:

Context location plan - LDC2448_01, location plan - LDC2448_02a received on 13th July 2023. Proposed layout - LDC2448_03D, proposed site access gate and fence details - LDC2448_04C Received on 28th September 2023.

REASON: For the avoidance of doubt and in the interests of proper planning.

3.    All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first use of the site hereby approved. All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority. All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

4.    The use hereby permitted shall be restricted to dog exercise and training purposes only taking place 07:00 and 19:00 on Monday to Sunday including Public Holidays.

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

5.    No lighting shall be installed on the site hereby approved.

REASON: To ensure that character and appearance of the Avon Vale Open Clay Vale Landscape Character Area and the open countryside is retained and to avoid harm to biodiversity.

6.    The development hereby permitted shall not be first brought into use until the first five metres of the access as measured from the edge of the carriageway and/or the whole of the parking area allocated on the approved plans has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.

REASON: In the interests of highway safety.

7.    Any gates shall be set back 4.5 metres from the edge of the carriageway, and shall open inwards only.

REASON: In the interests of highway safety.

8.    No part of the development hereby permitted shall be first brought into use until the access, turning area & parking space have been completed in accordance with the details shown on the approved plans, and shall be maintained for the lifetime of this use and permission.

REASON: In the interests of highway safety.

9.    Should the dog exercise land use become obsolete, the area of hardstanding shall be removed from the site and the land shall be restored to its previous agricultural use/condition within 3 months of any such cessation.

REASON: In the interests of the character and appearance of the area.

10. Prior to the first use of the dog exercise/training area a dog waste bin container to dispose of dog waste shall be installed on site and remain in perpetuity for as long as the dog exercising/training land use operates.

REASON: In the interests of good site management and public amenity.