Agenda item

Public Participation:

 

Lt Colonel Bush spoke in objection to the application

Mr Neil MacDougall spoke in objection to the application

Mr Mark Hopkins spoke in objection to the application

 

Mrs Susan Grant spoke in support of the application

 

Cllr Ian West spoke as local member, objecting to the application.

 

The Planning Officer outlined the application, which sought permission to renew an extant permission (S/2008/2122) for 3 additional years. This initial application had been granted on appeal. Members were reminded that they were limited to consideration of whether there have been any material changes to planning policy or the physical nature of the site and its surroundings which could affect the development’s planning merits.

 

After considerable debate about the merits of the application, the current condition of the site and alleged planning breaches, the Committee decided that:

 

Resolved:

 

That the application be APPROVED for the following reasons:

 

There have been no significant material alterations to planning policy since the original approval, nor any significant material changes to the characteristics of the site and its surroundings that would warrant not permitting an extension to the time limit for implementation. Consequently it is still considered that the proposal is acceptable in principle and would be appropriate in visual, amenity, environmental and highway terms. The development would therefore accord with the aims and objectives of the development plan and Government guidance, having particular regard to saved Local Plan policies G1, G2, G4, H30, E21, CN21, CN22, C2, C6, C8, C12, TR11, TR14, R1C and PPS1, PPS4, PPS7, PPG13.

 

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 Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

 

2)    This decision relates to documents/plans submitted with the application, listed below:

 

Plan Ref….0516-02...                   

Plan Ref….0516-03A...                 

Plan Ref….0516-04B...                

Plan Ref….0516-05...                   

Plan Ref….0516-06C...                

Plan Ref….0516-07...                   

Plan Ref….0516-08...                   

Plan Ref….0516-99...                   

Plan Ref….211.01 Rev A...           

Plan Ref….211.03...                      

Plan Ref….coloured site plan layout...          

Plan Ref….illustration of the eastern elevations and aerial photograph...                    

 

Reason: For the avoidance of doubt.

 

3)    No development shall take place until details and samples of all external facing and roofing materials (including the colour of any timber stain) to be used in the construction of the replacement dwelling, stable block/store building, office  building and storage building hereby permitted have been submitted to and approved in writing by the Local Planning Authority.  The 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.

 

Policy: C6

 

4)    No development shall take place, including site clearance, until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved.  These details shall include indications of all existing trees, hedgerows and other site features and details of any to be retained together with measures for their protection in the course of development and proposed finished levels or contours.   The details of the hard landscaping of the site shall include details of the surfacing materials and colours of all hard surfaces and where so required by the Local Planning Authority, samples of such materials and finishes.

 

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

 

Policy: C6

 

5)    Soft landscape works shall include planting plans and full written specifications and schedules of plants, including species, plant sizes, numbers/densities and positions.  If within a period of 5 years from the date of the planting or establishment of any tree, shrub or plant, that tree, shrub or plant or any replacement is removed, uprooted or destroyed or dies or becomes seriously damaged or defective another tree or shrub or plant of the same species and size as that originally planted shall be planted at the same place unless the Local Planning Authority gives its written consent to any variation.

 

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

 

Policy: C6

 

6)    No development shall take place until a schedule of landscape maintenance for a minimum period of 5 years has been submitted to and approved in writing by the Local Planning Authority.  The schedule shall include details of the arrangements for its implementation.  Development shall be carried out in accordance with the approved schedule.

 

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

 

Policy: C6

 

7)    No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected.  The boundary treatment shall be completed in accordance with a timetable agreed in writing with 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.

 

Policy: C6

 

8)    No vegetation works including all tree, shrub and hedgerow works/clearance shall take place between the months of March to August inclusive unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: In the interests of nesting birds.

 

Policy: C12

 

9)    The development hereby approved shall be carried out in accordance with the recommendations detailed in the submitted protected species survey prepared by Country Contracts and dated September 2006 unless otherwise first agreed in writing by the Local Planning Authority.

 

Reason: In interests of protected species.

 

Policy: C12

 

10)No development shall take place including the clearance/felling of trees, hedgerow and scrub until a scheme for the provision of an alternative roosting site for Barn and Little Owls in the form of a barn owl loft together with the provision of bat boxes and bird nesting boxes to include details of their design and a timetable for their provision has been submitted to and agreed in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details and thereafter retained, unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: In interests of protected species.

 

Policy: C12

 

11)No development shall take place until a further bat and bird survey of all the existing buildings and vegetation on the site, to include an internal survey of all roof spaces, shall be carried out between April to September and a report of the findings of these surveys shall be submitted to the Local Planning Authority.  If the survey identifies the presence of bats or birds within any of the buildings or vegetation on the site, a detailed scheme of mitigation measures to ensure the protection of the protected species and its habitat shall be submitted to and approved in writing by the Local Planning Authority.  The mitigation measures shall be implemented in accordance with the approved details prior to the first occupation of any of the buildings hereby approved, unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: In interests of protected species.

 

Policy: C12

 

12)No development shall take place until a method statement detailing the potential risks from pollution, such as the storage of oils, fuels and chemicals to include mitigation measures during and after construct to the river system has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

 

Reason: To minimise the risk of pollution of the water environment.

 

Policy: G2, C18

 

13)No development shall take place until a scheme of water efficiency measures to reduce the water consumption of the replacement dwelling, stable block/store building, office building and storage building, hereby approved, has been submitted to and approved in writing by the Local Planning Authority.  The measures shall be implemented and thereafter retained in accordance with the approved details.

 

Reason: In the interests of the conservation of water and energy resources.

 

Policy: G1

 

14)No development shall take place until a scheme for the discharge of foul and surface water from the development hereby approved has been submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall be carried out prior to the first commencement of the use of the buildings hereby approved and shall be retained thereafter unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To ensure that the proposal is provided with a satisfactory means of drainage.

 

Policy: G2, G5

 

15)Development shall not begin until a desk study report of the historic uses of the site and sits surrounding area and the likelihood of contaminant extent and type has been submitted to the Local Planning Authority.  If the report indicates the possibility of soil contamination, development shall not begin until a site investigation report documenting the ground conditions of the site, incorporating a conceptual model of all the potential pollutant linkages and an assessment of risk to identified receptors should be submitted to and approved in writing by the Local Planning Authority.

 

Reason: In the interests of public health and safety.

 

Policy: G2

 

16)If risk assessment identifies unacceptable risk a detailed scheme specifying remedial works and measures necessary to avoid risk from contaminants or gases when the site is developed shall be submitted to and approved in writing by the Local Planning Authority.  The remediation scheme as approved shall be implemented in accordance with the approved details prior to the first occupation or use of the buildings hereby approved, unless agreed by the Local Planning Authority.

 

Reason: In the interests of public health and safety.

 

Policy: G2

 

17)If during development contamination not previously identified is found to be present at the site, no further development shall be carried out until a revised remediation programme detailing the nature and extent of the unforeseen contamination and any remedial works, has been submitted to and approved in writing by the Local Planning Authority.  The remediation works as approved shall be implemented in accordance with the approved details prior to the first occupation or use of the buildings hereby approved.  On completion of the works a validation report detailing the implementation of the agreed remedial works and measures shall be submitted to and approved in writing by the Local Planning Authority prior to the first commencement of the use hereby permitted.

 

Reason: In the interests of public health and safety.

 

Policy: G2

 

18)No development shall take place within the appeal site area until the appellants, or their agents or successors in title has been secured the implementation of a programme or archaeological work in accordance with a written scheme of investigation which has been submitted by the appellants and approved in writing by the Local Planning Authority.  The development shall be carried the approved details.

 

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

 

Policy: CN22

 

19)No development shall take place until a Waste Management Plan has been submitted to and approved in writing by the Local Planning Authority  The agreed scheme shall include targets and objectives for the minimisation and recycling of any waste or materials generated during the demolition and construction phases.  The development shall be carried out in accordance with the approved details.

 

Reason: In the interests of ensuring sustainable development

 

Policy: G1

 

20)Prior to the vehicular access, hereby approved, first being brought into sue, the area between the nearside carriageway edge and lines drawn between a point 4.5m back from the carriageway edge along he centre line of the access and the extremities of the site frontage shall be cleared of obstruction to visibility at a height of 300mm above the nearside carriageway level and thereafter maintained free of obstruction at all times.

 

Reason: In the interests of highways safety.

 

Policy: G2

 

21)Prior to first occupation and commencement of use of the buildings hereby approved the vehicular access shall be constructed with a recessed entrance of a minimum width of 4.5m and 5m back from the carriageway edge and with its sides splayed outward at an angle of 45 degrees towards the carriageway edge.  The area of land between the recessed entrance and the edge of the carriageway shall be properly consolidated and surfaced (not loose stone or gravel) in accordance with details that shall be submitted to and approved in writing by the Local Planning Authority.  Any entrance gates shall be hung so as to open away from the highway only and shall be set back a minimum distance of 10m from the nearside edge of the carriageway.

 

Reason: In the interests of highways safety.

 

Policy: G2

 

22)Prior to first occupation and commencement of use of the buildings hereby approved, the new vehicular access to the site shall be fully constructed and available for use and the existing accesses to the site shall be permanently stopped up and abandone3d within 7 days upon construction or opening up of the new vehicular access in accordance with details that shall be submitted to, and approved in writing by the Local Planning Authority.

 

Reason: In the interests of highways safety.

 

Policy: G2

 

23)No development shall take place until a scheme to prevent the discharge of surface water from the area of vehicular access onto the public highway has been submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall be carried out prior to the first occupation and commencement of use of the buildings hereby approved and thereafter retained.

 

Reason: In the interests of highways safety.

 

Policy: G2

 

24)The extent of the area of land related to the employment use, hereby approved, shall be limited to that area of land as illustrated within the blue line on submitted plan (drawing 211.01 Rev A() and the residential curtilage associated with the replacement dwelling hereby approved, shall be limited to that area of land contained within the red line as illustrated on this plan

 

Reason: In the interests of highways safety and the amenity of the area.

 

Policy: G2

 

25)Notwithstanding the provisions of the Town and Country Planning (Use Classes) (Amendment) Order 1987 and the Town and Country Planning (General Permitted Development) Order 1995 or any subsequent re-enactments thereof, the office building hereby approved shall enure solely for the benefit of Fox Grant Ltd and shall be used as office accommodation and ancillary storage and for no other use including any other purpose in Class B1 of the Town and Country Planning (Use Classes (Amendment) Order 1987 or any subsequent re-enactment, without formal planning permission first being obtained.

 

Reason: The proposed use is acceptable but the Local Planning Authority wish to consider any future proposal for a change of use having regard to the circumstances of the case.

 

Policy: G2

 

26)Notwithstanding the provisions of the Town and Country Planning (Use Classes) (Amendment) Order 1987 and the Town and Country Planning (General Permitted Development) Order 1995 or any subsequent re-enactments thereof, the storage building hereby approved shall be used solely as an ancillary storage facility to the office use and menage hereby approved, and for no other use without formal planning permission first being obtained.

 

Reason: The proposed use is acceptable but the Local Planning Authority wish to consider any future proposal for a change of use having regard to the circumstances of the case.

 

Policy: G2

 

27)The roof space of the building, hereby approved shall be used solely for the purpose of dry office archive storage, as indicated on the submitted plan (drawing number 0516-048) and for no other purpose without formal planning permission first being obtained.

 

Reason: The proposed use is acceptable but the Local Planning Authority wish to consider any future proposal for a change of use having regard to the circumstances of the case.

 

Policy: G2

 

28)There shall be no external storage of any goods, plant or material associated with the employment use hereby approved.

 

Reason: In the interests of the appearance of the site and the amenities of the area.

 

Policy:  C6

 

29)No development shall take place until details of any external lighting, including lighting to the car parking area associated with the employment use hereby approved., shall be submitted to and approved in writing by the Local Planning Authority.  The 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.

 

Policy: C6

 

30)The menage hereby permitted shall be used only for private and domestic purposes incidental to the enjoyment of the associated dwelling at Wisma Farm and shall not be used on a commercial basis or for any other business or commercial use whatsoever.

 

Reason: In the interests of highway safety and/or to protect the living conditions of nearby residents.

 

Policy: G2