Agenda item

Change of use of land from agriculture to equestrian. Erection ofagricultural storagebarn withincorporated equestrianrehabilitation area.Siting ofhorse walkerand rainwaterharvesting tankand creation ofhardstanding.

Public Participation

Ian Cain spoke in objection of the application.

Tony Kernon spoke in support of the application.

Development Management Team Leader, Lee Burman, presented a report which outlined Change of use of land from agriculture to equestrian. Erection of agricultural storage barn with incorporated equestrian rehabilitation area. Siting of horse walker and rainwater harvesting tank and creation of hardstanding.

Details were provided of the site including the principle of development, impact on heritage assets, impact on highways, impact on character and appearance of the locality, impact on residential amenities and impact on ecological interest.

Members of the Committee had the opportunity to ask technical questions regarding the application. Details were sought on whether ecology surveys had been completed and were up to date. Confirmation was provided that all necessary surveys had been completed including for newts, bats, protected species and hedgerows. Additionally, the designations of land for equestrian and agricultural use were questioned and queries were raised as to the agricultural permitted development rights which may apply to the wider landholding/site.

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

The Local Unitary Member, Councillor Chuck Berry, then spoke regarding the application, acknowledging the points made by both the applicant and main objector. Points made included the opportunity of using conditions to contain significant inconvenience to neighbouring properties as well as reference to the agricultural store.

A motion to move and accept the officer recommendation was moved by Councillor Howard Greenman and seconded by Councillor Gavin Grant. An amendment was accepted to add a condition to restrict the use of the use of the barn and horse walker for equestrian rehabilitation activities to only take place between the hours 09:00 in the morning and – 18:00 in the evening from Monday to Sunday and including Bank Holidays.

At the conclusion of the debate, it was,

Resolved:

That permission is GRANTED subject to the following conditions:

Conditions: (8)

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

KCC2820/07 - Block plan

KCC2820/06 10/20se - Location plan

KCC2820/08 10/20se - Proposed storage/rehabilitation building: elevations and floor plan

KCC2820/09 10/20se - Proposed horse walker

KCC2820/10 01/21se - Proposed rainwater harvesting tank

Received 10/02/2021

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

3 The development hereby permitted shall only be operated solely on the basis of the approved full livery arrangements and at no time shall the site offer or provide for DIY livery services.

REASON: In the interests of highway safety.

4 The facilities hereby approved including the horse walker, horse spa and horse treadmill shall be for the sole use of horses accommodated at the site under full livery.No other horses shall use the approved facilities at any time unless approved in writing by the Local Planning Authority.

REASON: to protect the amenity enjoyed by neighbouring properties and to control the

number of vehicle movements associated with the site

5 No external lighting shall be installed on site until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Engineers in their publication “Guidance Notes for the Reduction of Obtrusive Light” (ILE, 2005)”, have been submitted to and approved in writing by the Local Planning Authority. The approved lighting shall be installed and shall be maintained in accordance with the approved details and no additional external lighting shall be installed.

REASON: In the interests of the amenities of the area and to minimise unnecessary light spillage above and outside the development site.

6 The horse walker provided must be the Molenkoning walker, with glide rail system, push gates and rubber matting flooring. No other type of horse walker shall be installed on the site.

REASON: To protect residential amenity

7 The development shall be carried out in strict accordance with Sections 5 and 6 of the

Ecological Construction Method Statement (prepared by Wild Service, 08/06/2020) and

Appendix 1 of the Great Crested Newt Survey (Prepared by Astute Ecology, June 2019).

REASON: For the avoidance of doubt and for the protection, mitigation and enhancement of biodiversity.

8 The approved construction method statement, received by the Local Planning Authority on 8^th July 2021, shall be complied with in full throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved construction method statement.

REASON: To ensure that the development is undertaken in an acceptable manner, to minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase.

9 The use of the barn and horse walker for equestrian rehabilitation activities shall only take place between the hours 09:00 in the morning and – 18:00 in the evening from Monday to Sunday and including Bank Holidays.

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.

Informatives: (4)

10 Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

11 The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer. Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question. 12 The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required, it will be necessary for the applicant to obtain the landowners consent before such works commence. If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.

13 INFORMATIVE TO APPLICANT:

The applicant is advised that the development hereby approved may represent chargeable development under the Community Infrastructure Levy Regulations 2010 (as amended) and Wiltshire Council's CIL Charging Schedule. If the development is determined to be liable for CIL, a Liability Notice will be issued notifying you of the amount of CIL payment due. If an Additional Information Form has not already been submitted, please submit it now so that we can determine the CIL liability. In addition, you may be able to claim exemption or relief, in which case, please submit the relevant form so that we can determine your eligibility. The CIL Commencement Notice and Assumption of Liability must be submitted to Wiltshire Council prior to commencement of development. Should development commence prior to the CIL Liability Notice being issued by the local planning authority, any CIL exemption or relief will not apply, and full payment will be required in full and with immediate effect. Should you require further information or to download the CIL forms please refer to the Council's Website https://www.wiltshire.gov.uk/dmcommunityinfrastructurelevy.