Agenda item

Erection of agricultural building, soft landscaping and associated works.

Public Participation

Mr Dan Roycroft (Agent) spoke in support of the application

Ms Emily Lodge (Applicant) spoke in support of the application

Cllr Hugh Collins of Sutton Mandeville Parish Council spoke in objection to the application

 

The Senior Planning Officer, Becky Jones, introduced a report which recommended that the application for Erection of agricultural building, soft landscaping and associated works be approved, subject to conditions.

 

Key details in the report included the principle of development and need for the building, scale design and impact on the National Landscape, settings of heritage assets, rights of way, impact on neighbouring amenity, ecology, protected species and biodiversity net gain and Highway safety.

 

The Officer gave an update on the published report, noting an amendment to the measurements of the proposed building.

 

In addition, Late correspondence from the planning agent for the applicant was summarised.

 

Members of the committee then had the opportunity to ask technical questions of the officer. Details were sought on whether the proposed building was in open countryside, where it was clarified that as there had never been any change of use on the land, the use category defaulted to agricultural land.  

 

The Officer also clarified that when there was a condition confirming land was agricultural, then a class Q would not later be permitted as would be in conflict with the set condition.

 

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

 

The unitary division member, councillor Nabil Najjar then spoke on the application, noting that he called it to committee due to the high levels of concern from local parish council and neighbours, the visual impact upon the surrounding area and the design, bulk, height, general appearance.

 

Cllr Najjar noted that when taken within the wider context of the site, the application for the proposed building required careful consideration, due to the farming and sustainable land management future ambition for the site.

 

Councillor Hocking moved the motion of approval, in line with Officer recommendation.

 

This was seconded by Councillor George Jeans.

 

The Committee discussed the application, noting the need for agricultural buildings if the land was to be used for farming purposes in the future. The difference between farming and equestrian was also discussed.

 

 

The Officer clarified that a condition had been included, if approved, which would require the applicant to provide details of proposed materials for approval.

 

The Committee noted comments in relation to a similar application elsewhere, where the Committee had refused a conversion of an agricultural building to industrial, which was later overturned at appeal. It was further noted that the application as presented must be considered on its merits and that future or similar applications could not be taken into account when determining an application.

 

The Committee sought further clarification on Class Q and change of use. The Officer explained that most change of use applications required other access. In the case of the planning site in question, the building did not have separate access and that the original scheme had been amended and removed.

 

At the close of debate, the Committee voted on the motion of approval with conditions as set out in the Officer report.  

 

It was;

 

Resolved

 

That planning permission for PL/2024/03228 be Approved, with 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:

Site Location (red line) Plan ref 23/782/E001 Rev C Dated Nov 2023

Existing site plan ref 23/782/E003 Rev D Dated Nov 2023

Proposed Site Plan (no access onto Sutton Hill) ref 782 P003 Rev G dated Nov 2023

Proposed Agricultural Storage Building Elevations, Floor Plan and Roof Plan ref 782 P100 Rev A dated Nov 2023

Note from agent received 10/9/24 confirming no hardstanding and source for services.

Preliminary Ecological Assessment by Ecosupport dated 27th March 2024

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

 

 

3. No site clearance and no removal of any trees or shrubs shall take place until full details of a Wildlife Protection and Enhancement Scheme have been submitted to and approved in writing by the local planning authority. The details shall include:

i) Measures that will be taken to avoid harm to wildlife, including timing of works to avoid nesting birds and reptiles, and pre-commencement checks for protected species including badger.

ii) Quantification of biodiversity net gain provision including a plan showing the location(s) and type(s) of feature(s) to enhance the site for biodiversity (such as swift or bat boxes or designing lighting to encourage wildlife).

iii) Measures to control lighting during construction

iv) Measures to ensure no negative impacts on the quality of any water courses or bodies

v) Measures to control dust during construction

The development shall be carried out in accordance with the agreed WPES

REASON: To avoid adverse impacts on biodiversity and to secure biodiversity enhancements.

 

4. Notwithstanding the approved plans and materials schedule, the agricultural storage building hereby approved shall not commence above slab level until the exact details and samples of the materials to be used for the external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Materials shall be matt in finish and dark in colour. Development shall be carried out in accordance with the approved details and maintained in that condition thereafter.

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 above slab level 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 National Landscape.

 

5. The existing trees and hedges shown on the Existing Site Plan ref 23/782/E003 Rev D shall be retained and protected with an enclosure/fencing during any excavation works and during the erection of the agricultural storage building. The hedgerow/ tree root protection areas (RPAs) shall be included and buffered accordingly.

The development, including the additional tree planting scheme for the north east corner of the site, shall be carried out in strict accordance with a tree planting schedule to be submitted to and approved in writing by the Local Planning Authority before development commences on the agricultural storage building the above slab level and in accordance with the following documents:

• Preliminary Ecological Appraisal. March 2024. EcoSupport;

• Proposed Site Plan 23/782/P003 Rev G. November 2023.

Any new trees shall be planted as standards, and of a multi stem variety to be agreed.

Reason: To avoid direct damage to hedgerow, shrubs and trees, through the compaction and disturbance of root protection zones which could cause deterioration of individual trees or shrubs. To protect potential habitat for bats. To ensure that the new trees can adequately screen the development. For the protection, mitigation and enhancement of biodiversity and the character of the National Landscape.

 

6. All soft landscaping and tree planting 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 ten 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.

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

 

7. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or any Order revoking or re-enacting or amending that Order with or without modification), the building hereby permitted shall only be used for agricultural purposes associated with the holding known as The Homestead and for no other uses.

REASON: To safeguard the amenities and character of the area.

 

8. No new artificial external light fixture or fitting will be installed within the application site or on the building until details of existing and proposed new lighting have been submitted to and approved by the Local Planning Authority in writing. The submitted details will demonstrate how the proposed lighting will impact on bat habitat compared to the existing situation. The plans will be in accordance with the appropriate Environmental Zone standard (E0 for the National Landscape) as set out by the Institution of Lighting Professionals (ILP) Guidance Notes on the Avoidance of Obtrusive Light (GN 01/2021) and Guidance note GN08/23 “Bats and artificial lighting at night”, issued by the Bat Conservation Trust and Institution of Lighting Professionals.

REASON: To avoid illumination of habitat used by bats and to protect the International Dark Skies Reserve in the National Landscape. To protect the character of the area in the interest of the settings of heritage assets.

 

Informatives:

 

Rights of Way

Please be advised that nothing in this permission shall authorise the diversion, obstruction, or stopping up of any right of way that crosses the site.

 

Nesting Birds

The adults, young, eggs and nests of all species of birds are protected by the Wildlife and Countryside Act 1981 (as amended) while they are breeding.

 

Please be advised that works should not take place that will harm nesting birds from March to August inclusive. All British birds, their nests and eggs are protected under Section 1 of the Wildlife and Countryside Act 1981 (as amended) and the Countryside and Rights of Way Act 2000 while birds are nesting, building nests and sitting on eggs. The applicant is advised to check any structure or vegetation capable of supporting breeding birds and delay removing or altering such features until after young birds have fledged. Damage to extensive areas that could contain nests/breeding birds should be undertaken outside the breeding season. This season is usually taken to be the period between 1st March and 31st August but some species are known to breed outside these limits.

 

Lighting

The habitat within the proposed development site and the surrounding area is suitable for roosting, foraging and commuting bats. An increase in artificial lux levels can deter bats which could result in roost abandonment and/or the severance of key foraging areas. This will likely result in a significant negative impact upon the health of bat populations across the region. Artificial light at night can have a substantial adverse effect on biodiversity. Any new lighting should be for the purposes for safe access and security and 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.

 

Reptiles

There is a residual risk that reptiles could occur on the application site. These species are legally protected and planning permission does not provide a defence against prosecution. In order to minimise the risk of these species occurring on the site, the developer is advised to clear vegetation during the winter, remove all waste arising from such clearance and maintain vegetation as short as possible in line with the recommendations made in (insert details of ecological report). If these species are found during the works, the applicant is advised to stop work and follow advice from?an independent ecologist or the Council Landscape and Design Team (ecologyconsultations@wiltshire.gov.uk) Energy Efficiency

 

Biodiversity

The applicant’s attention is draws to the advice and website links in the comments received from Natural England dated 4/11/24