Agenda item

PL/2023/05634: Land to the South of The Old Rectory, Warminster Lane North, Upton Scudamore

Erection of a building for the purposes of agricultural storage.

Minutes:

Public Participation

 

·       Ms Barbara Hardy, local resident, spoke in objection to the application.

·       Mr John Spencer, local resident, spoke in objection to the application.

·       Mr Chris Beaver, agent for the applicant, spoke in support of the application.

·       Cllr Carolyn Pollard, on behalf of Upton Scudamore Parish Council, spoke in objection to the application.

 

The Senior Planning Officer, Julie Mitchell, introduced the report which recommended that the Committee grant planning permission for the erection of a building for the purposes of agricultural storage, subject to conditions.

 

Key material considerations were identified including principle of development; landscape impacts; heritage matters; highway/Rights of Way matters; and impacts on residential amenity.

 

Members were advised that prior to the meeting, officers had reviewed the published report mindful of the changes made to the National Planning Policy Framework (NPPF) as discussed under Agenda Item 6, Planning Appeals and Updates, and had concluded that there were no material policy differences to report.

 

Attention was then drawn to concerns raised by third-party representations with regard to the proposed purpose of the building, the amount of land the applicant had identified in blue, the proposed hard standing and ground conditions, and the preservation of the countryside. Members were reassured that the cited proposed floor area of the storage building as set out in the applicant’s Design and Access Statement had been revised to align with the proposed floor plans and elevations as presented to the Committee, and that the original Design and Access Statement had not been a critical determining factor when finalising the officers’ recommendation.

 

Members of the Committee then had the opportunity to ask technical questions to the officer. Details were sought on the proposed materials to be used for the development, and clarification was required on the difference between the wider agricultural land within the applicant’s ownership and the land to which the storage building related to, all of which being separate from the applicant’s domestic garden. Further questions were raised with regard to any potential future development, the principle of development, and the extent of future permitted development rights.

 

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

 

The Unitary Division Member, Councillor Bill Parks, then spoke on the application.

 

A debate followed where Members acknowledged the concerns of the local community and welcomed the robustness of the recommended planning conditions. The revisions made to the application prior to the Committee meeting were also appreciated. The potential uses of the land within the applicant’s ownership (but outside of the application site) were also discussed, and Members explored with officers the merits of removing permitted development rights to protect the countryside character and neighbouring residents’ amenities.

 

During the debate, a motion to grant planning permission in line with officer recommendations subject to the inclusion of a further condition pertaining to potential future developments, 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:

 

Location Plan dated 17 November 2023

Site/Block Plan dated 17 November 2023

Floor Plan and Site Elevation/Section dated 17 November 2023

Elevations dated 17 November 2023

Revised Landscape Plan V5 dated 4 December 2023

 

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

 

3.    The building hereby approved shall be used for the purposes of storage of agricultural machinery and associated materials and for no other purpose (including any purpose in Class B8 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification).

 

REASON: The proposed use is acceptable having regard to the needs of the agricultural holding.

 

4.    No external lighting shall be installed on-site other than in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Professionals in their publication GN01:2021, ‘Guidance for the Reduction of Obtrusive Light’ (ILP, 2021), and Guidance note 08/18 “Bats and artificial lighting in the UK”, issued by the Bat Conservation Trust and Institution of Lighting Professionals to demonstrate that bat habitat (trees, scrub and hedgerows) on the perimeter of the site will remain below 1 lux.

 

REASON: In the interests of the amenities of the area and to minimize impacts on biodiversity caused by light spillage to areas above and outside the development site.

 

5.     All planting and soft landscaping comprised in the approved details of landscaping (Revised Landscape Plan V5 dated 4/12/23) shall be carried out in the first planting and seeding season following the first use of the building or the completion of the development whichever is the sooner; 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 use/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.

 

6.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.3) (England) Order 2020 (or any Order revoking or re-enacting or amending those Orders with or without modification), no development falling within Part 6, Class B shall take place to the agricultural storage building hereby approved.

 

REASON: In the interests of the amenity of the area and to enable the Local Planning Authority to consider individually whether planning permission should be granted for any further development.

 

Supporting documents: