Agenda item

11/01348/FUL and 11/01349/LBC - Cherry Orchard Barn, (Lyppiatt Barn), Cherry Orchard Lane, Luckington

Minutes:

Public Participation:

 

Mr Tim Guard, applicant, spoke in support of the application.

 

The Committee received a presentation by the Planning Officer detailing the main issues in respect of the application, including the raising of the barn roof and visual amenity, and recommended that planning permission be refused.

 

Members of the Committee then had the opportunity to ask technical questions to the Planning Officer after which the Committee then received statements from members of the public as detailed above, expressing their views regarding the planning application.

 

Cllr John Thompson, the local Member, spoke in support of the application.

 

After discussion,

 

Resolved:

 

N/11/01348/FUL

 

To DELEGATE for APPROVAL for the following reason:

 

This is an acceptable conversion of this traditional listed farm building complying with policy H4. The details of the conversion are acceptable and will preserve the character of this traditional stone barn within the countryside, the scheme complies with HE4 C3 NE4.

 

And subject to the completion of a S106 agreement in respect of securing off-site open space contributions;

 

And subject to the following conditions;

 

1.The development hereby permitted shall be implemented in accordance with the submitted plans and documents listed below. No variation from the approved plans should be made without the prior approval of the local planning authority. Amendments may require the submission of a further application.

 

Plans  3557/09a /08 /01c /04a /03a , 3557/ 50j/ 51k/ 52k, 3557/10 /156c /159b /151b /150 /152b /154 /153 /155 bat survey owl report solar panels details.

 

REASON: To ensure that the development is implemented as approved.

 

2.Notwithstanding the plans submitted and prior to the commencement of the development hereby permitted, details of the following matters (in respect of which approval is expressly reserved) shall be submitted to, and approved in writing by, the local planning authority:

 

(1) walls, fences, gates and other means of enclosure;

(2) ground surfacing materials;

(3)  finished levels across the site;

(4) large scale details of internal and external joinery including metal framed glazing (1:5 elevation, 1:2 section) including vertical and horizontal cross sections through openings, as well as heads sills and lintels, these plans to indicate all windows and doors recessed by 300mm as agreed by agent in email dated 29/06/2011.

(5) the means of surface water disposal;

(6) the means of foul sewage disposal;

(7) Large scale details of eaves and verge (1:5 section)

(8) A full schedule and specification of repairs to all the historic structures on the site which shall be carried out prior to the first occupation of the building.

(9) Full details of proposed flues and means of providing ventilation and their exits to the external air; meter and alarm boxes

(10) Full details of proposed external decoration

(11) Roof tiles to be double romans in clay, tiles in accordance with agent's email.

 

The development shall be carried out in accordance with the details so approved.

 

Items (1) to (11) shall be completed prior to the use or occupation of the development hereby permitted.

 

Reason: In the interests of amenity and satisfactory layout.

 

3.Prior to the commencement of the development hereby permitted, details and samples of materials to be used externally shall be submitted to, and approved in writing by, the local planning authority. The development shall be built in the materials approved. In accordance with the agents email the roofs shall be tiled with double roman tiles.

 

Reason: In the interests of visual amenity.

 

4. Prior to the commencement of the development hereby permitted, a sample panel of stonework, and of repointing to existing stonework shall be made available on site to be inspected and approved in writing by the local planning authority. The development shall not commence until such approval has been given in writing. The external stonework shall be in accordance with the approved plans and shall match the approved sample in respect of type, colour, size and bedding of the stone, type of pointing and mortar mix.

 

Reason: In the interests of visual amenity.

 

5. Prior to the commencement of the development hereby permitted, a sample panel of the render to be used on the external walls shall be made available on site to be inspected and approved in writing by the local planning authority. The external render, as finished, shall match the approved sample in respect of colour, type and texture.

 

Reason: In the interests of visual amenity.

 

5.All rainwater goods shall be in cast metal, fixed on traditional drive-in brackets.

 

Reason In the interests of visual amenity.

 

6.The development hereby permitted shall not be occupied until the first five metres of the access, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.

 

REASON: In the interests of highway safety.

 

7. All soft landscaping comprised in the approved details shown on plan no. 3557/159B dated 5/5/2011of 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.

 

8.No part of the development hereby permitted shall be occupied until the access, turning area and parking spaces have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.

 

REASON: In the interests of highway safety.

 

9.Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) there shall be no extension or external alteration to any building forming part of the development hereby permitted.

 

Reason: In order to safeguard the amenity of the area by enabling the local planning authority to consider individually whether planning permission should be granted for extensions and external alterations.

 

10. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) no garages, sheds or other ancillary domestic outbuildings shall be erected anywhere on the site edged in red on the approved plans.

 

Reason: In the interests of the amenity of the area.

 

11. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) no gates, fences, walls or other means of enclosure (other than those shown on the approved plans) shall be placed or erected anywhere on the site edged in red on the approved plans.

 

Reason: In the interests of the amenity of the area.

 

12. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) no satellite dishes shall be installed on the exterior of any of the buildings forming part of the development hereby permitted.

 

Reason: In the interests of the character and appearance of the building(s) and the area.

 

13. Notwithstanding the elevations submitted the vent holes shall be constructed in accordance with the details attached to email received 5/07/2011.

 

Reason In the interests of visual amenity.

 

Informatives:

 

1. When details are submitted to discharge the conditions imposed on this permission, the local planning authority will have particular regard to the following matters: Detailing to external joinery shall be balanced.

 

Attention is drawn to the Legal Agreement relating to this development or land which has been made pursuant to Section 106 of the Town and Country Planning Act 1990, Section 111 of the Local Government Act 1972, Section 33 of the Local Government (Miscellaneous Provisions) Act 1982 or other enabling powers.

 

The applicant should note that this permission is for the conversion of the existing barn in accordance with the permission granted and the approved drawings. Any significant demolition or rebuilding of the existing structures on the site will negate the permission hereby granted.

 

Bats and Barn Owl have full protection under the Wildlife and Countryside Act 1981 (as amended). If any are suspected or present, you should contact English Nature prior to commencement of works.

 

N/11/01349/LBC

 

To DELEGATE for APPROVAL for the following reason:

 

The proposed conversion retains the architectural and historic interest of this Listed barn in accordance with sec. 16(2) of the planning (Listed building and Conservation Areas) Act 1990 and policies HE7, HE9 and HE10 of planning policy statement 5.

 

And subject to the completion of a S106 agreement in respect of securing off-site open space contributions;

 

And the following conditions;

 

1.The works for which Listed Building Consent is hereby granted shall be begun before the expiration of three years from the date of this consent.

 

REASON:  To comply with the provisions of Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

2.The works hereby permitted shall be implemented in accordance with the submitted plans and documents listed below. No variation from the approved plans should be made without the prior approval of the local planning authority. Amendments may require the submission of a further application.

 

Plans  3557/09a /08 /01c /04a /03a , 3557/ 50j/ 51k/ 52k, 3557/10 /156c /159b /151b /150 /152b /154 /153 /155 bat survey owl report solar panels details.

 

REASON: To ensure that the works are is implemented as approved.

 

3.Notwithstanding the plans submitted and prior to the commencement of the works hereby permitted, details of the following matters (in respect of which approval is expressly reserved) shall be submitted to, and approved in writing by, the local planning authority:

(1) walls, fences, gates and other means of enclosure;

(2) ground surfacing materials;

(3) large scale details of internal and external joinery including metal framed glazing (1:5 elevation, 1:2 section)including vertical and horizontal cross sections through openings, as well as heads sills and lintels, these plans to indicate all windows and doors recessed by 300mm as agreed by agent in email dated 29/06/2011.

(4)PLEASE INSERT ITEMS ii) xii) xiii) and xiv- roof tiles to be double romans in clay, tiles in accordance with agents email.

(5) Large scale details of eaves and verge (1:5 section)

(6) A full schedule and specification of repairs to all the historic structures on the site which shall be carried out prior to first use or occupation of the building.

(7) Full details of proposed flues and means of providing ventilation; meter and alarm boxes

(8) Full details of proposed external decoration

 

The works shall be carried out in accordance with the details so approved.

 

Items (1) to (8) shall be completed prior to the first use or occupation of the conversion hereby permitted.

 

Reason: In the interests of preserving the character and appearance of the listed building and its setting.

 

4. No works shall commence on site until a sample panel of stonework, not less than 1 metre square, has been constructed on site, inspected and approved in writing by the Local Planning Authority.  The panel shall then be left in position for comparison whilst the works are being carried out. Development shall be carried out in accordance with the approved sample.

 

REASON: Reason: In the interests of preserving the character and appearance of the listed building and its setting.

 

5.No development shall commence on site until a sample panel of the render to be used on the external walls has been made available on site, inspected and approved in writing by the Local Planning Authority.  The panel shall then be left in position for comparison whilst the development is carried out. Development shall be carried out in accordance with the approved sample.

 

REASON: Reason: In the interests of preserving the character and appearance of the listed building and its setting.

 

6. Notwithstanding the elevations submitted the vent holes shall be constructed in accordance with the details attached to email received 5/07/2011

 

Reason: In the interests of preserving the character and appearance of the listed building and its setting.

 

7.All soft landscaping comprised in the approved details shown on plan no. 3557/159B dated 5/5/2011 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 listed building and the protection of existing important landscape features.

Informatives:

 

1.When details are submitted to discharge the conditions imposed on this permission, the local planning authority will have particular regard to the following matters: Detailing to external joinery shall be balanced.

 

Attention is drawn to the Legal Agreement relating to this development or land which has been made pursuant to Section 106 of the Town and Country Planning Act 1990, Section 111 of the Local Government Act 1972, Section 33 of the Local Government (Miscellaneous Provisions) Act 1982 or other enabling powers.

 

The applicant should note that this permission is for the conversion of the existing barn in accordance with the permission granted and the approved drawings. Any significant demolition or rebuilding of the existing structures on the site will negate the permission hereby granted.

 

Bats and Barn Owl have full protection under the Wildlife and Countryside Act 1981 (as amended). If any are suspected or present, you should contact English Nature prior to commencement of works.

Supporting documents: