Agenda item

Variation of condition 2 (demolition of buildings) on PL/2021/11405.

Public Participation

Mr Richard McNamara spoke in Objection to the application

Ms Mary Corrie spoke in support of the application

Mr Angus Corrie-Dean spoke in support for the application

Mr Robin Faulkner spoke in support for the application

 

The Principal Planning Office, Adam Madge, introduced a report which recommended that the application for the variation of condition 2 (demolition of buildings) on PL/2021/11405 be approved subject to conditions.

 

The main issues stated in the report were whether the alteration of the previously granted permission to omit the demolition of one of the main barn structures that were previously proposed to be demolished was acceptable. 

 

Attention was drawn to the late observations summarised by the Officer.

 

Members of the committee then had the opportunity to ask technical questions of the officer. Details were sought on which buildings it was proposed would remain, in addition to the main barn, as there appeared to be an old kitchen/restaurant building remaining from a previous business use, which members queried was not relevant to the equestrian use.

 

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

 

The unitary division member, councillor Bridget Wayman then spoke in objection to the application, noting reasons as the Scale of development, the visual impact on the surrounding area, the relationship to adjoining properties, the design, bulk, height and general appearance, and the environmental or highway impact.

 

Cllr Wayman summarised the history of former applications on the site, noting that the approval of the dwelling in open countryside in 2020 had been subject to conditions which required the complete removal of a series of buildings, including the main barn on the site, prior to the dwelling being commenced, with the land returned to paddock with a planting scheme.

 

Cllr Wayman stated that the conditions around removal of the main barn and buildings was one of the exceptional reasons the application had been granted in the National Landscape area (AONB). There had been further attempts to state the need for removal of the redundant farm buildings which were no longer required.

 

Cllr Wayman believed that the current application sought to retain the buildings which were previously described as redundant, in an attempt to deliberately and dishonestly manipulated the planning system to gain permission of the house.

 

Cllr Wayman asked that if the application was approved that all PD rights on domestic curtilage and on the camping, curtilage be removed across the entire site to protect, conserve and enhance the national landscape.

 

Cllr Wayman also stated that the kitchen annex which was now a laundry annex has no permission and should come down as had no connection to equestrian use.

 

Cllr Wayman moved the motion of support subject to the permitted development (PD) rights being removed across the whole of the land holding (blue line) and for the laundry room (former kitchen) to be demolished.

 

Officers noted that it would be dependent on what the site plan for the application included and advised that the matter could be delegated to Officer’s to approve a new plan which showed the removal of the laundry block.

 

On further consideration of the removal of the laundry block, Cllr Wayman withdrew her previous motion with agreement of the original seconder, and moved a new motion of deferral, to allow time for the Applicant and Officer’s to discuss and establish the removal of the laundry block as part of the retention of the main barn.

 

Cllr Sven Hocking seconded the motion for deferral.

 

The Committee further discussed the need for clarity on which buildings were previously agreed for removal, and which should be remaining, noting that a revised plan would be useful in understanding the situation more clearly.

 

During discussion, Cllr Wayman withdrew her motion for deferral, in agreement of the seconder, and moved the motion of refusal due to there being a discrepancy around which units on the site were to be retained in addition to the main barn and on the grounds that the main barn was not removed as part of the conditions for the approved dwelling in 2020.

 

The motion of refusal was seconded by Cllr Richard Budden.

 

The Committee discussed the case for retaining the barn which on the multipurpose agricultural land was considered valid by some.

 

The Committee voted on the motion of refusal for the reasons as stated above.

 

The motion failed.

 

Councillor Nabil Najjar then moved the motion of deferral, in order to seek clarity on the nature of the buildings around the main barn in terms of which were sought to be retained, and which would be removed.

 

Cllr Wayman seconded the motion.

 

Consideration around whether the former approval and associated conditions should form part of the Committee’s consideration on the current application was discussed.

 

The Committee then voted on the motion of deferral.

The motion for deferral failed.

 

Cllr Richard Budden then moved the motion of Approval, in line with Officer recommendations, with the addition of removed PD rights for the whole of the blue area.

 

This was seconded by Cllr Wayman. 

 

The Committee then voted on the motion of Approval, as set out in the Officer’s report with the added condition taking away all PD rights for all development in the surrounding blue land.

 

It was;

 

Resolved

 

That planning permission for PL/2022/00839 be granted subject to the following conditions:

 

1 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending those Orders with or without modification), no development within Part 1, Classes A-H shall

take place on the dwelling house hereby permitted or within their curtilage.

 

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 additions, extensions or enlargements.

 

2 The use of the site as a farm visitor attraction shall remain closed and thereafter that part of the site occupied by the dwelling and its curtilage shall be used for residential purposes, that part of the site occupied by the exhibit building/stabling to be retained shall be used for storage of equipment required for the maintenance of the site and stabling of horses (including for livery purposes but not as a riding school), and the remainder of the site (including the horse exercise arena) shall be used as farmland and/or for the grazing/exercising of horses.

 

REASON: To accord with the terms of the application and to reflect the special circumstances under which the development has been found to be acceptable - in particular, the resulting enhancement of the AONB as a consequence of the cessation of the farm visitor attraction use.

 

3 All lighting provided on site shall be in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Engineers in their publication GN01:2021, ‘Guidance for the Reduction of Obtrusive Light’ (ILP, 2021), and Guidance note GN08/23 “Bats and artificial lighting at night”, issued by the Bat Conservation Trust and Institution of Lighting Professionals and will demonstrate that bat habitat (trees, scrub and hedgerows) on the perimeter of the site will remain below 1 lux.

 

REASON: To enable the local planning authority to retain control of external lighting having regard to the site's location within a remote and dark part of the Area of Outstanding Natural Beauty.

 

4 The development hereby permitted shall be carried out in accordance with the following approved plans:• Drwg1326/12D dated 11/2021Locationmapandsiteplan(existing and proposed)• DrwgnoCH-006-cond-01.A1Houseelevations.• Drwgno:CH-006- Garage -01 Drwg1326/06ASitesections• Drwg1326/07A Site topographical survey Design and access statement dated 2018• Site planting plan no 1326/14B as received 4/12/2024 Page 102• Landscape and visual analysis October 2019 by Indigo

 

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

 

5 The dwelling shown on the approved plans and the land within the red and blue lines of the application shall remain in the same planning unit.

 

REASON: In order to ensure that the development is carried out in accordance with the plans and to ensure that the site is retained as a single planning unit.

 

6 Notwithstanding the provisions of the Town and Country Planning (general Permitted Development) (England) Order 2015 (or any Order revoking, re-enacting or amending that Order with or without modification) no further fences, walls or buildings shall be erected on the land shown within the red line to this application.

 

REASON: In the interests of visual amenity

 

7 The land outside of that defined as domestic curtilage under condition 4of planning application no PL/2021/11405shallonly be used for agricultural purposes.

 

REASON: To prevent alternative uses of the land.

 

8 Notwithstanding the provisions of the Town and Country Planning (general Permitted Development) (England) Order 2015 (or any order revoking, re enacting or amending that Order with or without modification the areas shown in blue and red on drawing1326/14Bas received 4th December 2024 shall not be used for the stationing of touring caravan and camping uses.

 

REASON: In the interests of maintaining the landscape qualities of the AONB

 

9 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England)Order 2015 (or any Order revoking or reenacting or amending those Orders with or without modification), no development within schedule 2 shall take place on the land edged in blue on plan 1326/14B dated the 08/2022 hereby permitted.

 

REASON: To ensure continued protection of the AONB and to allow full consideration of any future development in the area