Agenda item

Having declared a personal and prejudicial interest in the item, Cllr Charles Howard withdrew from the meeting for this item. The Vice-Chairman instead presided over the item.

The following people spoke in favour of the proposal:

Mr Peter Lawson, a local business owner;

Mr Edward White, the applicant; and

Ms Janet Montgomery, the agent

The Committee received a presentation from the Area Development Manager which set out the main issues in respect of the application. He introduced the report, which recommended refusal, and drew members’ attention to the late items.

Members of the Committee then asked technical questions, after which the Committee received statements from members of the public as detailed above, expressing their views regarding this planning application.

After discussion including:

• The sustainability of the development in the AONB;
• The principle of change of use of the site; and
• The suitability of the existing buildings for conversion

It was,

Resolved:

To delegate authority to the Area Development Manager to approve the application for the following reason:

The decision to grant planning permission has been taken on the grounds that the proposed development would protect the character and appearance of the Area of Outstanding Natural Beauty and would be in accordance with the aims of PPS4 by promoting economic development in this rural area. The proposal would therefore be in accordance with policies PD1; HC26 and NR6 of the Kennet Local Plan.

And subject to the following conditions:

1.    The development hereby permitted shall be begun before the expiration of three years of 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 accommodation hereby permitted shall not be occupied by any person for a period exceeding 8 weeks in any year, or for a period exceeding 4 weeks at a time, with no return within 4 weeks. A register of occupiers shall be available for inspection by the local planning authority at all reasonable times.

REASON: This site is in a position where the Local Planning Authority, having regard to the reasonable standards of residential amenity, access, and planning policies pertaining to the area, would not permit permanent residential accommodation.

3.    All soft landscaping comprised in the submitted landscaping scheme hereby approved shall be carried out in the first planting and seeding season following the first bringing into use of the first of these buildings to be converted; or the completion of the development, whichever is the sooner; any trees or plants which, within a period of 5 years, die, are removed, or become seriously damaged or diseased shall be replaced 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.

4.    No development shall commence on site until details for the storage of manure and soiled bedding (including the location of such storage) and its disposal from site (including frequency) have been submitted to and approved in writing by the Local Planning Authority. Before the development is first brought into use, the works for such storage and disposal shall be completed in accordance with the approved details and shall subsequently be maintained in accordance with the approved details. No storage of manure and soiled bedding shall take place outside of the storage area approved under this condition.

REASON: In the interests of public health and safety, in order to protect the natural environment and prevent pollution.

5.    There shall be no burning of any animal waste or bedding emanating from the development hereby permitted anywhere on the land the subject of the application or on the site or on the adjoining land under the control of the applicant.

REASON: To preserve the amenities of the area.

6.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order, 1995 (or any Order revoking and re-enacting or amending that Order) with or without modification no fences, other than post and rail fences less than 1.5 metres in height, and no outside lights, other than those whose position has been agreed with the local planning authority prior to work commencing, shall be erected or placed within the application site.

REASON: To protect the character and appearance of the landscape.

7.    Before the holiday units are respectively first brought into use, their roofs shall be re-covered in natural slate.

REASON: To ensure that the character and appearance of the area of outstanding natural beauty is protected and enhanced.

8.    Before the development hereby permitted is brought into use the highway visibility area shall be cleared and kept free of all obstructions to sight above 600mm above the adjoining carriageway level from a line drawn form a point 2.4 metres back along the centre line of the access from the carriageway edge to points on the nearside carriageway edge 160 metres to the north-west and 160 metres to the south east. This visibility area shall thereafter be kept free of such obstructions.

REASON: In the interests of highway safety.

9.    Prior to commencing development, details of a barn owl mitigation scheme shall be submitted to and approved in writing by the Council. Prior to bringing into use the first of the holiday units, the agreed mitigation scheme shall be implemented, together with the other recommendations of the submitted Protected Species Survey (Ambios 2010).

REASON: To safeguard the interests of the protected species at the site.

10.  This decision relates to documents/plans submitted with the application, listed below. No variation from the approved documents should be made without the prior approval of this Council. Amendments may require the submission of a further application.  Failure to comply with this advice may lead to enforcement action which may require alterations and/or demolition of any unauthorised buildings or structures and may also lead to prosecution.

Plan Refs:09048-1A; 2; 3; 4; 5; 6 Revision D; 7 Revision B; 8 Revision A;