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Agenda item

PL.2021.03114 - Barn on land adjacent to Greenfields, Kilmington, BA12 6RB

Conversion of part of redundant barn to form 1-bedroom dwelling.


Public Participation

Matt Williams (Agent) spoke in support of the application

Quentin Day (Applicant) spoke in support of the application

Mrs Hames (Vice Chairman), spoke on behalf of Kilmington PC


The Planning Team Leader, Adam Madge, presented the application for the conversion of part of a redundant barn to form a 1-bedroom dwelling, with access off Butts Lane, which was single tracked and not well trafficked.


The main issues which had been considered to be material in the determination of this application were listed as principle of development, policy and planning history; design, scale and impact to the amenity of the area including the AONB; Parking/Highways, impact; ecological impact/river Avon Catchment Area.


Proposed elevations and floor plans were explained with additional photos depicting the current barn on the site, which had been there for many years.


The applicant worked on the site and lived in a Sheppard’s hut currently on the site. If the application was approved, the applicant would move in to the one bed property.


The site was in the AONB, the Officer noted concerns around allowing a dwelling in the area, and the associated phosphate issue, and absence of a bat survey.


The application was recommended for refusal.


Members of the Committee had the opportunity to ask technical questions of the Officer, where it was clarified that if approved the applicant had stated they would remove the shepherd hut, and that the committee could request enforcement of removal of the hut.


Members of the public as detailed above, then had the opportunity to speak on the application.


Some of the points raised included that a bat survey had been provided as part of a previous application and that there had been no reference to the survey on the refusal previously.


The development would lead to an enhancement on the setting CP48 compliance and national policy. If the applicants were able to live on site this would enable them to create a sustainable enterprise.


Kilmington Parish Council supported the application.


The agricultural business would serve the local community as the applicant’s customers were all within a 5-mile radius to the site.


There were no objections from Highways to the access proposals.


Two other similar developments in the same road had been approved recently with no mention of phosphate issues or detrimental effect to the AONB.


The applicant had grown up in the village and had local support.


Local Member Cllr George Jeans spoke in support of the application, noting recent case law relating to another case where a court had quashed a council decision to refuse an application due to the development being in the AONB, adding that a planning committee could overturn an officer recommendation with good reason.


The Officer noted that Members were free to make a decision against Officer recommendation, providing they had taken into account council policies on the AONB and could make a qualified decision. As to why it was acceptable to approve a development in the AONB.


Cllr Jeans did not believe Planning Permission was required for re-use, including a change of use, noting that page 47 states the site was an existing barn.


The Agent noted that the conversion was a windfall site.


The Officer clarified that there were concerns on the impact of phosphates into river Avon catchment area, for a development site that did not meet planning policy.


With regards to the bat survey, the previously provided survey had been acceptable. If approved a new bat survey could be conditioned.


The previous application on the site was refused for two reasons. The proposals were now for a one bed dwelling instead of two.


It was difficult to keep youth in an area that was expensive. The application would give the building a planning purpose. There was a clear aim to retain and protect a rural building in the countryside. This would positively contribute to the landscape compared with what was there now.


Councillor Jeans moved the motion of approval with conditions. Against Officer recommendation. This was seconded by Councillor Hocking.


The Committee was invited to discuss the application, the main points included the size of the dwelling, and the effect it would have on the surroundings in comparison with what was currently in place on the site.


The link to the river Avon was suggested as tenuous, as it was noted that there would be little impact.


Support for the development in terms of the opportunity it would create for a young person to remain and grow a business in the village was noted.


An amendment to the motion, to include the removal of the current hut if approved, was moved and agreed by Cllr Jeans and Cllr Hocking.


The negative impact on the AONB from a new dwelling in an unsustainable location was noted along with a suggestion that the development may create light pollution.


The Committee then voted on the motion of Approval, against Officer recommendation for the reasons stated above, with conditions for the removal of the Sheppard’s hut and lighting that met the Dark Skies criteria.


It was:




That application PL.2021.03114 be Approved, against Officer recommendation, 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. The development hereby permitted shall be carried out in accordance with the following approved plans:


Existing plans Dated March 2021  drawing no  2056/01 and received on the 22nd March 2021

Proposed Plans Dated March 2021 drawing no 2056/02 and received on the 22nd March 2021

Existing site layout Dated March 2021 drawing no 2056/03 and received on the 22nd March 2021

Proposed site layout dated March 2021 drawing no 2056/04 and received on the 22nd March 2021.

Existing site survey showing visibility splays drawing no 20192-1 Rev A


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


3. Within 3 months of first occupation of the dwelling hereby permitted the shepherd’s hut shall be removed from the site.


REASON: In order to preserve, maintain and enhance the special appearance and character of the AONB.


4. Prior to first use of the building hereby granted permission a plan shall be submitted to and approved in writing by the local planning authority showing any areas outside the red line of the application site denoted by the blue line as shown on approved drawing:

Existing Site Layout Plan that will be used for storage in connection with the applicant’s business. No storage in connection with the applicant’s business shall occur outside of the areas indicated on the plan approved.


REASON: In order to prevent erosion of the special qualities of the AONB.


5. Prior to commencement of the development hereby approved a bat survey and report shall be undertaken by a suitably qualified ecologist and submitted to and approved in writing by the local planning authority. Any recommendations and mitigation measures as are contained in that survey and report shall be undertaken prior to the commencement of development.


REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission.


6. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England)Order 2015 (or any Order revoking or reenacting or amending those Orders with or without modification), no development within Part 1, Classes A-H shall take place on the dwellinghouse hereby permitted or within its curtilage.

REASON: In the interests of the amenity of the area and the AONB and  to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions, extensions or enlargements


7. The visibility splays shown on plan 20192-1 rev A  shall be retained in perpetuity on both its sides of the access. The splays shall be kept free of obstruction above a height of 1.5 Metres at all times.

REASON: In the interests of highway safety.


8. The development hereby permitted shall not be first 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.


9. Any gates shall be set back 4.5 metres from the edge of the carriageway, such gates to open inwards only, in perpetuity.

REASON: In the interests of highway safety.


10. 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, the wider AONB and to minimise unnecessary light spillage above and outside the development site.



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