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Agenda item

20/02178/FUL: Land Adjoining Hatch House, Up Street, Upton Lovell, BA12 0JP

Change of use from agricultural land to a dog exercise area with the retention of small paddock for agricultural use following expiry of the 2-year temporary permission granted under 18/01841/FUL

Minutes:

Public Participation

A statement in objection to the application was received from Maria Ironside.

A statement in objection to the application was received on behalf of Rex Harrison.

A statement in objection to the application was received from Lindsay Bray.

A statement in support of the application was received from Mark Street.

A statement on behalf of Upton Lovell Parish Council in objection to the application was received, read by Maria Ironside.

 

David Cox, Senior Planning Officer, presented a report which recommended an application be approved for change of use from agricultural land to a dog exercise area with the retention of small paddock for agricultural use following expiry of the 2-year temporary permission granted under 18/01841/FUL. Key issues included the principle of the application and impact on neighbouring amenity.

 

Members of the Committee had the opportunity to ask technical details regarding the application. Details were sought on the stated business need for use of the site, potential use of a personal condition for use of the site, and level of use of the site during the period of temporary permission. It was confirmed that the Coronavirus pandemic had prevented use during part of the temporary permission period.


Members of the public then had the opportunity to present their views to the Committee, as detailed above.

 

The local Unitary Member, Councillor Christopher Newbury, then spoke regarding the application, including detail of the history of the application, concerns raised by local residents and potential conditions if the Committee wished to approve the application.

 

A motion was moved by Councillor Newbury, seconded by Councillor David Halik, to approve the application in accordance with the officer recommendation, with an additional condition on permitted development rights and imposing a personal condition on use of the site for the business owner.


The Committee debated the application, discussing whether the additional conditions were reasonable inclusions, and that it was not felt that the permission should be continued as a temporary permission.

 

At the conclusion of debate, it was,

 

Resolved:

 

That application 20/02178/FUL be approved as per the following conditions:

 

1. The development hereby permitted shall be carried out in accordance with the following approved plans:

 

Design and Access Statement; Ecological Statement; Location Plan and Site Plan - all received 5 March 2018; and Planning Statement received 1 April 2020 and further supporting statement (use dairy) received 28 April 2020.

 

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

 

2. The development hereby granted shall only enure for the benefit of Mrs Lorna Street's dog exercise and training business and no more than 9 dogs shall be brought onto or be exercised at the site at any one time.

 

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area

 

3. In order to protect the openness and landscape character of the application site as defined by the approved site location plan, the development hereby approved shall only benefit from the limited provisions set out within Schedule 2, Part 4, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or as otherwise amended) pursuant to temporary, moveable buildings or structures being used in connection with the hereby approved use of land, and that no other permitted development right(s) provisions will be valid for any other building or structure on the site.

 

REASON: To define the terms of this personal permission.

 

4. The use hereby permitted shall be restricted to dog exercise and training purposes only taking place between the hours of 0900 - 1700 on Mondays to Fridays. The use shall not take place at any time on Saturdays, Sundays or during Bank or Public Holidays.

 

REASON: To define the terms of this permission and in order to protect residential and local amenities.

 

5. The dog waste associated to the use shall continue to be collected, binned and composted on the site in full accordance with the approved details discharged on 11 January 2019, and in perpetuity for as long as the dog exercise/training land use operates.

 

REASON: In the interests of protecting the nearby SSSI from  contaminated waste.

 

6. No external lighting shall be installed anywhere on site.

 

REASON: In the interests of preserving the scenic beauty of the Area of Outstanding Natural Beauty and to protect neighbouring amenity.

 

 

Supporting documents: