Agenda item

Proposed portal frame building for hen house, service link, rearing shed and feedstore. Landscaping work. Work in connection with access. Stationing of mobile home all in connection with free range egg production flock.

Public Participation

Naomi King spoke in support of the application

Susan Smith spoke in support of the application

Colin Burrows spoke in support of the application

Cllr Brian Edgeley spoke on behalf of Firsdown Parish Council

 

The Senior Planning Officer, Richard Nash introduced the report, which recommended that the application for Proposed portal frame building for hen house, service link, rearing shed and feedstore. Landscaping work. Work in connection with access. Stationing of mobile home all in connection with free

range egg production flock, be refused.

 

Attention was drawn to late correspondence circulated at the meeting.

 

The site was accessed by a bridal way. The front of the site was in the same ownership of development site. The height of the newly proposed building was greatly reduced. The development would be screened by bund and planting on top of building.

 

A previous application including proposals for 2 mobile homes had been refused, this new proposal was for a smaller footprint single dwelling cabin style accommodation. The applicant had overcome the previous reasons for refusal.

 

The Parish Council had confirmed they support the proposal.

 

Member then had the opportunity to ask technical questions of the Officer. It was clarified that the planting on top of the bund was conditional, native species of trees and shrubs were suggested.

 

The dwelling was a full time dwelling, but this would be conditioned for staff use only.

 

Members of the public then had the opportunity to present their views as detailed above.

 

The Unitary Division Member Cllr Chris Devine then spoke in support of the application, drawing attention to the access in and out of the site. The applicant had gone out of their way to ensure the access was as safe as could be.

 

Highways were concerned that in the future the adjoining land owner may take back that section of the splay to the site. However that was highly unlikely.

The applicant has a good proven track record and had a good business plan. The site was ideally suited to this type of business.

 

Cllr Devine then moved the motion of approval, this was seconded by Cllr Hewitt.

 

A debate followed where key issues raised included the concerns of Highways, were not just over ownership, but included highways safety. This would need to be considered.

The Committee then voted on the motion of approval.

 

Resolved:

That application 17/05736/FUL be approved against Officers recommendations 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:

02917 1 (LDS/14107-TP3) (Topographic Survey showing Location Plan)

02917 3 A (Alterations to Access)

02917 4 (Proposed Buildings)

02917 4 (Plans showing ownership of land required for visibility splay)

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

 

3          No development shall commence on site until the exact details and samples of the materials to be used for the external walls and roofs of the development hereby approved have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in the interests of visual amenity and the character and appearance of the area.

 

4          No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include:

location and current canopy spread of all existing trees and hedgerows on the land;

full details of any to be retained, together with measures for their protection in the course of development;

a detailed planting specification showing all plant species, supply and planting sizes and planting densities;

boundary treatments;

finished levels and contours;

means of enclosure;

car park layouts;

all hard and soft surfacing materials;

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

5          All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) 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 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          No development shall commence on site until a scheme for the discharge of foul water from the site, including details/testing/calculations of effluent disposal system, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first occupied until foul water drainage has been constructed in accordance with the approved scheme.

REASON: To ensure that the development can be adequately drained.

7          No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access/driveway), incorporating sustainable drainage details together with permeability test results to BRE365, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first occupied until surface water drainage has been constructed in accordance with the approved scheme.

REASON: To ensure that the development can be adequately drained.

 

8          The development hereby permitted shall not be first brought into use or occupied until splays have been provided on both its sides of the access in accordance with the details shown on approved drawing 02917 3 A (Alterations to Access). The splays shall be kept free of obstruction above a height of 600mm at all times.

REASON: In the interests of highway safety.

 

9          The development hereby permitted shall not be first brought into use or occupied until the first five metres of the access, measured from the edge of the carriageway, 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.

 

10        Any gates shall be set back 4.5 metres from the edge of the carriageway, such gates to open inwards only, in perpetuity.

REASON: In the interests of highway safety.

 

11        No construction or demolition vehicles may access the site by way of FIRS3 without prior consultation with the Wiltshire Council Rights of Way Warden. Where appropriate any safety/mitigation/reinstatement measures must be approved by the Wiltshire Council Rights of Way Warden.

REASON: To ensure the Public Right of Way remains available and convenient for public use.

 

12        No materials, plant, temporary structures or excavations of any kind shall be deposited/undertaken on or adjacent to the Public Right of Way that obstructs the Public Right of Way whilst development takes place.

REASON: To ensure the Public Right of Way remains available and convenient for public use.

 

13        Before the first use of the agricultural building hereby approved, a manure disposal and fly management plan shall be submitted for the approval of the Local Planning Authority. The use of the building and site for keeping chicken shall not be subsequently carried out otherwise than in accordance with the approved plan.

REASON: In the interests of the amenity of the locality.

 

14        Within twelve months of the first occupation or use of the development hereby approved, the site shall be cleared of all building materials and related items in accordance with the Schedule of Works prepared on 17 July 2017.

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

 

15        The mobile home hereby permitted, and any ancillary works or structures associated with it shall be removed and the land restored to its former condition on or before 31 December 2020 in accordance with a scheme to be submitted to and approved by the Local Planning Authority.

REASON: Permission has been granted on a temporary basis to establish whether there is a functional need for permanent on site residential accommodation on this agricultural holding.