Agenda item

Proposed conversion and change of use of agricultural barn to dwelling and associated works together with extensions to hay barn (part retrospective)

Public Participation

 

·       Ms Watkins and Miss Hicks spoke in support of the application.

 

Planning Officers introduced the report which recommended that the Committee approve planning permission, subject to conditions, for the conversion and change of use of agricultural barn to dwelling and associated works together with extensions to hay barn (part retrospective).

 

Members of the Committee then had the opportunity to ask technical questions to the officer. The following was clarified:

 

 

·       That if planning permission was permitted, the mobile home would be removed once the works were completed.

 

 

The Committee then received statements from the public.

 

The local member Cllr Elizabeth Threlfall also spoke to the application, giving a balanced viewpoint that sympathised with the difficulty of the application and noted the benefits of approval.

 

During debate, the committee noted that the Parish Council supported the application, and that there had been no objections from the public.

 

The committee considered that there would be no overwhelming change or “suffering” caused if the application is granted.

 

It was also noted that the biodiversity net gain was high.

 

Core Policy 48 and its emphasis on supporting rural life was raised, with the committee considering the rise in rural crime and the advantage of the applicants living on site.

 

The committee also sympathised with the difficulties the applicants had faced with obtaining planning permission and considered a significant negative impact should the application be refused.

 

During debate, a motion to approve was proposed by Cllr Steve Bucknell and seconded by Cllr Gavin Grant following which it was:

 

Resolved

 

To approve the planning application 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:

 

·       Application Form & Certificate Received 10th June 2024

 

Plans Ref:

·       Location Plan DWG: 1070-P-09A Received 21st June 2024

·       Proposed Site Plan DWG: 1070P01 Received 10th June 2024

·       Proposed Hay Barn Front and Side Elevations DWG: 1070P07 Received 10th June 2024

·       Proposed Hay Barn Extension Floor Plan DWG: 1070P06 Received 10th June 2024

·       Proposed Barn C Conversion - First Floor Plan, Rear and Side Elevations DWG: 1070P03 Received 10th June 2024

·       Proposed Barn C Conversion - Ground Floor Plan, Front and Side Elevations DWG: 1070P02 Received 10th June 2024

·       Proposed Barn C Conversion -Garage Plans and Elevations DWG: 1070P05 Received 10th June 2024

·       Proposed Barn C Conversion - Typical Section DWG: 1070P04 Received 10th June 2024

 

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

 

3. The materials used in the external surfaces of the proposals hereby permitted shall match those as detailed on the approved plans and application form

 

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

 

4. Within 3 months of first occupation of the building referred to within the application paperwork as Barn C, the temporary residence/mobile home as shown on plan 1070P01, shall be removed and the land shall be restored to its condition prior to the temporary residence/mobile home first developed.

 

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

 

5. Prior to the start of development, a robust Construction Method Statement, appropriate to the size and nature of the development, shall be submitted for approval. The document should include:

• timing of works in relation to sensitive ecological receptors and

• methods to ensure that wildlife species are protected from potential construction impacts.

 

REASON: To ensure protection of local wildlife populations

 

6. Prior to the commencement of any works, including vegetation removal and demolition, the enhancement measures outlined in Section 5.8 of the Herdwick Ecology Preliminary Ecological Appraisal should be detailed in a plan and submitted to the LPA for approval. This should include but not be limited to the number, design and locations of bat roosts and nesting opportunities for birds. The approved details shall be implemented before occupation of the final works. These mitigation measures will continue to be available for wildlife for the lifetime of the development.

 

REASON: To ensure enhancement of the site for the benefit of biodiversity.

 

7. 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 0.5 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

 

Informatives: (4)

 

1. Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

 

2. The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer. Such permission should be sought directly from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question.

 

3. The applicant is advised that the development hereby approved may represent chargeable development under the Community Infrastructure Levy Regulations 2010 (as amended) and Wiltshire Council's CIL Charging Schedule. If the development is determined to be liable for CIL, a Liability Notice will be issued notifying you of the amount of CIL payment due. If an Additional Information Form has not already been submitted, please submit it now so that we can determine the CIL liability. In addition, you may be able to claim exemption or relief, in which case, please submit the relevant form so that we can determine your eligibility. The CIL Commencement Notice and Assumption of Liability must be submitted to Wiltshire Council prior to commencement of development. Should development commence prior to the CIL Liability Notice being issued by the local planning authority, any CIL exemption or relief will not apply and full payment will be required in full and with immediate effect. Should you require further information or to download the CIL forms please refer to the Council's Website https://www.wiltshire.gov.uk/dmcommunityinfrastructurelevy.

 

4. The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition “(the biodiversity gain condition”) that development may not begin unless:

 

(a)  a Biodiversity Gain Plan has been submitted to the planning authority, and (b) the planning authority has approved the plan.

 

The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be Wiltshire Council.

 

There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply. For further information on exempt developments please refer to:

https://www.gov.uk/guidance/biodiversity-net-gain-exempt-developments

 

Based on the information available this permission is considered to be one which will require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or transitional arrangements are considered to apply.

 

Irreplaceable habitat

 

If the onsite habitat includes irreplaceable habitat (within the meaning of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) there are additional requirements for the content and approval of Biodiversity Gain Plans.

 

The Biodiversity Gain Plan must include, in addition to information about steps taken or to be taken to minimise any adverse effect of the development on the habitat, information on arrangements for compensation for any impact the development has on the biodiversity of the irreplaceable habitat.

 

The planning authority can only approve a Biodiversity Gain Plan if satisfied that the adverse effect of the development on the biodiversity of the irreplaceable habitat is minimised and appropriate arrangements have been made for the purpose of compensating for any impact which do not include the use of biodiversity credits.