Agenda item

Erection of agricultural building and yard: alterations to access.

Public Participation

Peter Osgood spoke in objection of the application.

Stuart Masson spoke in objection of the application.

Henry Meakin spoke in objection of the application.

Marc Willis spoke in support of the application.

Marcus Smith spoke in support of the application.

Chris Pope spoke on behalf of Lea and Cleverton Parish Council.

 

Development Management Team Leader, Lee Burman, presented a report which outlined the erection of an agricultural building and yard along with alterations to access.

 

Details were provided of the site and issues raised by the proposals, including the principle of development, impact to the character, appearance and visual amenity of the locality, impact to residential amenity, impact to heritage assets, impact to highways.

 

Members of the Committee had the opportunity to ask technical questions regarding the application. Details were sought on whether conditions had been proposed by the planning officer to mitigate any potential noise created. It was noted that conditions had been included in the officer’s recommendation to mitigate noise production, such as use of hedgerows, boundary trees and timber fencing. Additionally, it was noted that Condition 6 of the recommendation would limit the hours of operation for woodwork machinery.

 

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

 

The Local Unitary Member, Councillor Elizabeth Threlfall, then spoke regarding the application. Key points included that the application had originally been called to committee by Councillor Threlfall’s predecessor, Councillor Toby Sturgis due to vagueness in the original application documents as well as local concerns, which had since been addressed by a further information submission.The risk, if refused by the Committee, of the application being granted by appeal without imposing any conditions to compromise between the applicant and objectors was acknowledged.Additionally, Councillor Threlfall acknowledged that agricultural and forestry work would be permitted normally however to mitigate concerns of neighbours, additional tree planting to the east of the site would help further mitigate impact and Condition 8 could be used.

 

At the start of the debate a motion to accept the officer’s recommendation was moved by Councillor Chuck Berry and seconded by Councillor Howard Greenman.

 

During the debate issues included that the nature of the business, if the planning application was to be granted, would be sustainable in the respect that it would be in close walking distance of the applicant’s home. It was also acknowledged that if the application was to go to appeal, it would more than likely be approved potentially with significantly less conditions. Following a site visit, it was noted that initially, if approved, the building would stand out however with additional tree planting and screening it wouldn’t be as obvious within the landscape. Additionally, it was agreed that the conditions proposed would be restrictive for the proposed application, with the hours of work restricted and noise attenuation boundary treatment to be completed if approved. It was also  recognised that if these times were to be breached, enforcement could take place toensure that any conditions would be adhered to.

 

At the conclusion of the debate, it was,

 

Resolved:

 

That planning permission be approved in accordance with the officer recommendation and recommended conditions subject to the following requirements:

 

In determining approval of details required for submission under condition 8 Approval of Landscaping Details, additional tree planting to the east of the proposed building be secured, and boundary treatments and landscaping to the west of the proposed building include measures for noise mitigation to the neighboring property.

 

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:

 

MS-JH-04-B Received 31/08/2021

Lighting Details (Zinc Slim LED PIR Floodlight IP65 20W 1600lm) Received 31/08/2021

Location Plan

Block Plan

Received 11 January 2021

 

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

 

3. No development shall commence on site until details of the arrangements for the storage and/or disposal of manure and other material derived from the keeping of horses or livestock have been submitted to and approved by the Local Planning Authority. The details are to include a plan illustrating where the material will be stored and details of the construction and design of the structure / enclosure within which the material will be stored. The storage of manure and other material derived from the keeping of horses or livestock shall only be carried out in accordance with the approved details.

 

REASON: Ensuring high quality design and place shaping and in the interests of residential amenity.

 

4. Notwithstanding the details of the single PIR-operated LED light to be fitted on the east gable of the building as shown on plan number MS-JH-04-B, nofurther external lighting shall be installed without the prior written approval of the local planning authority.

 

REASON. In the interests of amenity.

 

5. The preparation and storage of meat and meat products shall be limited to the area outlined in green on plan number MS-JH-04/B. There shall be no retail sales of meat or meat products from the application site.

 

REASON: In the interests of amenity and residential amenity.

 

6. Fixed and powered woodworking machinery shall not be operated outside the building at any time. Fixed and powered woodworking machinery shall not be operated within the building outside of the hours 8am to 6pm Monday-Friday and 8am to 1pm on Saturday, or at any time on Sundays or Bank or Public Holidays.

 

REASON: In the interest of amenity and residential amenity.

 

7. No railings, fences, gates, walls, bollards and other means of enclosuredevelopment shall be erected in connection with the development hereby permitted until details of their design, external appearance and decorative finish have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details prior to the development being brought into use.

 

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

 

8. No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include :-

 

• location and current canopy spread of all existing trees and hedgerows on the land;

• full details of any to be retained, together with measures for their protection in the course of development;

• a detailed planting specification showing all plant species, supply and planting sizes and planting densities;

• finished levels and contours;

• means of enclosure;

• proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc);

retained historic landscape features and proposed restoration, where relevant.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before developmentcommences in order that the development is undertaken in an acceptable manner, to ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

9. All soft landscaping comprised in the approved details 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 development and the protection of existing important landscape features.

 

10. No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access/driveway), incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first brought into use until surface water drainage has been constructed in accordance with the approved scheme.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure that the development can be adequately drained.

 

11. No development shall commence on site until details of the works for the disposal of sewerage have been submitted to and approved in writing by the Local Planning Authority. The office herby permitted shall be not be first brought into use until the approved sewerage details have been fully implemented in accordance with the approved plans.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure that the proposal is provided with a satisfactory means of drainage and does not increase the risk of flooding or pose a risk to public health or the environment.

 

12 INFORMATIVE TO APPLICANT:

The application involves an extension to the existing/creation of a new vehicle access/dropped kerb. The consent hereby granted shall not be construed as authority to carry out works on the highway. The applicant is advised that a licence will be required from Wiltshire’s Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway. Please contact our Vehicle Crossing Team onvehicleaccess@wiltshire.gov.uk  and/or 01225 713352 or visit their website at http://wiltshire.gov.uk/highways-streets to make an application.

 

13 INFORMATIVE TO APPLICANT:

Please note that Council offices do not have the facility to receive material samples. Please deliver material samples to site and inform the Planning Officer where they are to be found.

 

14 INFORMATIVE TO APPLICANT:

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.

 

15 INFORMATIVE TO APPLICANT:

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.

 

16 INFORMATIVE TO APPLICANT:

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.

 

17 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 notapply, 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 Websitewww.wiltshire.gov.uk/planninganddevelopment/planningpolicy/communityinfrastructurelevy.

 

18 INFORMATIVE TO APPLICANT:

The applicant should note that under the terms of the Wildlife and Countryside Act (1981) and the Habitats Regulations (2010) it is an offence to disturb or harm any protected species, or to damage or disturb their habitat or resting place. Please note that this consent does not override the statutory protection afforded to any such species. In the event that your proposals could potentially affect a protected species you shouldseek the advice of a suitably qualified and experienced ecologist and consider the need for a licence from Natural England prior to commencing works. Please see Natural England’s website for further information on protected species.