Agenda item

The following people spoke in favour of the proposal:

 

Mr Duncan Mathewson, the agent; and

Mr Kevin Light, consultant to the agent

 

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

 

There were no technical questions. The Committee then received statements from members of the public as detailed above, expressing their views regarding this planning application.

 

After discussion including:

• The principle of development in the open countryside
• The impact on the AONB
• Archaeology and ecology of the site

 

It was,

 

Resolved:

 

That planning permission be granted for the following reason:

 

The decision to grant planning permission has been taken on the grounds that the proposed development would not cause any significant harm to the appearance of the landscape and would protect the setting of the nearby ancient monuments, whilst allowing for legitimate economic diversification into a use that is an accepted part of the local economy and character of the area.

 

The pertinent central government guidance is contained within Planning Policy Statement 7: Sustainable Development in Rural Areas and Planning Policy Statement 4: Planning for Sustainable Economic Growth. In addition, because of the archaeological and ecological issues present at the site, advice and guidance contained within Planning Policy Statement 5: Planning for the Historic Environment and Planning Policy Statement 9: Biodiversity and Geological Conservation is also relevant.

 

In respect of the Kennet Local Plan 2011 policies PD1 in relation to general development principles as well as policies NR6 and NR7 in relation to sustainability and the protection of the countryside and landscape are also relevant. Furthermore, the Kennet Landscape Conservation Strategy, which has been adopted as a supplementary planning document, is a material consideration.

 

And 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. No development shall commence on site until details and samples of the materials to be used for the roofs and stain colour to be used for the timber boarding on the external walls of the temporary dwellings 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: In the interests of visual amenity and the character and appearance of the area.

 

3. The occupation of the two temporary dwellings hereby permitted shall be limited to a person solely or mainly employed in the equestrian business occupying the plot edged red on the attached plan, or any resident dependents.

 

REASON: The site lies within an area where planning permission would not normally be granted for development unrelated to the essential needs of the established business for which nearby staff accommodation is now required and this permission is only granted on the basis of an essential need for two new dwellings in this location having been demonstrated.

 

4. The two dwellings hereby permitted shall be removed and the land restored to its former condition on or before 31st December 2013 in accordance with a scheme of work submitted to and approved in writing by the Local Planning Authority.

 

REASON: In the interests of amenity, in order to secure the restoration of the land upon removal of the buildings for which permission can be justified only on the basis of a special temporary need.

 

5. No development shall commence on site until details of the surfacing of the arena 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: In the interests of visual amenity and the character and appearance of the area.

 

6. No development shall commence on site until details and samples of the materials to be used for the roof and stain colour to be used for the timber boarding on the external walls of the isolation boxes 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: In the interests of visual amenity and the character and appearance of the area.

 

7. No development shall commence on site until details and samples of the materials to be used for the walls and roofs of barn 3 to be converted and extended to loose boxes and staff facilities 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: In the interests of visual amenity and the character and appearance of the area.

 

8. There shall be no burning of waste material or animal bedding on the site outlined in red or on the land outlined in blue.

 

REASON: To protect the amenities of the area.

 

9. Notwithstanding the submitted details, 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.

 

10. Prior to the development hereby permitted being first brought into use, the existing access track within the site to the C29 shall be upgraded by increasing the available width to 5 metres over the first 15 metres from the C29 carriageway edge with the provision of radii of 9 metres to either side. The first 15 metres of the access shall be resurfaced in tarmacadam and any gates shall be erected at least 12 metres from the C29 carriageway edge and made to open inwards only.

 

REASON: In the interests of highway safety.

 

11. No development shall commence on site until details of the surfacing of the extension to the existing access track and track access to the gallops 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: In the interests of visual amenity and the character and appearance of the area.

 

12. No development shall commence on site until details of the surfacing of the gallops 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: In the interests of visual amenity and the character and appearance of the area.

 

13. Notwithstanding the submitted details, no development shall commence on site until a scheme of hard and soft landscaping (which encompasses the landscape recommendations set out in the Phase 1 Habitat Survey report 2008 and the Landscape and Visual Impact Assessment, 2009) has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include:

(a) indications of all existing trees and hedgerows on the land;

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

(c) all species, planting sizes and planting densities, spread of all trees and hedgerows within or overhanging the site, in relation to the proposed buildings, roads, and other works;

(d) proposed and existing functional services above and below ground (e.g. drainage,

power, communications, cables, pipelines etc indicating lines, manholes, supports etc).

 

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

 

14. 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.

 

15. No development shall commence within the application site area until:

a) A written programme of archaeological investigation, which should include on-site work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved by the Local Planning Authority; and

b) The approved programme of archaeological work has been carried out in accordance with the approved details.

 

REASON: To enable the recording of any matters of archaeological interest.

 

16. 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 Ref: 7105 - 01G, Date Received: 6th October 2010;

Plan Ref: 7105 - 06, Date Received: 9th February 2010

Plan Ref: 7105 - 08 B, Date Received: 9th February 2010

Plan Ref: 7105 - 11A, Date Received: 9th February 2010

Plan Ref: 7105 - 12 A, Date Received: 9th February 2010

Plan Ref: 7105 - 14, Date Received: 9th February 2010;

Plan Ref: 7105 - 015, Date Received: 9th February 2010;

Plan Ref: 7105 - 16, Date Received: 4th October 2010;

Plan Ref: BAR 012 Issue 08, Date Received: 3rd November 2010, and

Plan Ref: BAR 213 D Issue 02, Date Received: 3rd November 2010.

 

17. INFORMATIVE TO APPLICANT:

The applicant is advised that the archaeological work referred to in condition 16 should be of the nature of a "strip map and record" of the proposed gallops and horse-walk. It should have the contingency to allow sufficient time to investigate any features of archaeological interest revealed, and to fully excavate significant archaeological features which extend beyond the footprint of the proposed tracks. It should be conducted by a professional, recognised archaeological contractor in accordance with a brief issued by the Wiltshire Council archaeological department. There will be a financial implication for the applicant.

 

18. INFORMATIVE TO APPLICANT:

The applicant is advised that where the construction of the gallops could potentially compromise the integrity of badger setts the applicant should consider the need to close the affected sett(s) under a licence from Natural England, bearing in mind that tunnels can extend up to 20 metres from the sett entrances and could be damaged by even shallow excavations or the use of heavy machinery. An ecological consultant should advise on the need or otherwise for a sett closure licence.

 

19. INFORMATIVE TO APPLICANT

The attention of the applicant is drawn to the contents of the attached letter from Wiltshire Fire and Rescue Service dated the 5th March 2010.

 

20. INFORMATIVE TO APPLICANT:

The applicant is advised that they may require separate consent from the Environment Agency for the storage/disposal of horse waste and is advised to make their own separate investigations in respect of this matter.