Agenda item

Retrospective installation of stable windows and external door to tack room to existing barn and external lighting.

Public Participation:

·       Meryl Ainslie spoke in objection to the application

·       Corinne Ashbee spoke in objection to the application

·       Alison Gill spoke in support of the application

·       Lissa Green spoke in support of the application

·       Cllr Brian Devonshire, Deputy Chairman of Mildenhall Parish Council spoke in objection to the application

Jonathan James, Senior Conservation/Planning Officer presented the report which recommended that the planning permission be approved with conditions and informatives for the retrospective installation of stable windows and external door to tack room to existing barn and external lighting.

The officer stated that the main issues for consideration by the Committee included (i) the impact on visual amenity, including Area of Outstanding Natural Beauty, and design; and (ii) impact on residential amenity.

The officer advised that the site is located on a hill to the north of Mildenhall and north-east of Marlborough, up a single-track lane within the North Wessex Downs Area of Outstanding Natural Beauty (AONB). The area is primarily agricultural fields with a few dwellings and buildings located within the local area. Adjacent to the site are a pair of semi-detached dwellings which face
onto the southern boundary of the site, with an access road to a garage between the boundary of the site and the frontages of the dwellings. The gardens associated with the cottages are to the rear of the dwellings, sloping down the hill. The barn is designated for equestrian purposes.

The officer detailed the responses to the consultation and representations received. It was noted that highways and public protection had no adverse comments to make on the application, the ANOB unit did not make any representations and comments from Mildenhall Parish Council were detailed in the report. A summary of the 27 letters of representation, 25 objecting and 2 in support, were detailed in the report.

The Committee noted that a number of windows had been inserted on the south west and north east elevations of the building along with a single door. In addition, five external sensor lights have been installed on the building, two either end of the building and three along the north east elevation. The planning officer considered that the works undertaken to the barn are acceptable in planning terms, although it was acknowledged there is a degree of impact on the neighbours but not to such an extent as to warrant the refusal of planning permission, particularly if the suggested conditions were imposed.

In response to technical questions asked by the Committee the officer confirmed that the original floor height had not changed from the previous application, the new windows on the north east elevation face onto the 2 cottages, and the inspection by officers were undertaking during the daytime (the Environmental Health Officer visited later in the afternoon/early evening).

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

The unitary division member, Cllr Caroline Thomas spoke in objection to the application. Cllr Thomas urged the Committee to consider the current application in light of on-going non-compliance with key original conditions and a disregard for the neighbour’s amenity; suggested that the changes represent an unacceptable level of harm from the loss of amenity and privacy with added noise, smell and light pollution which the proposed conditions would not mitigate; highlighted relevant policy – Core Policy 51 and 57, National Policy NPPF 176 and 177; commented specifically about windows, door and lights and their impact on neighbours.

In response to public statements the officer stated that the issue of raised floor levels was not a matter for debate under this application; officers confirmed that comments had not been received from the ANOB and therefore they could not comment on this matter further; the Ecologist had not been consulted as the scheme was classed as minor; and the scheme was in accordance with Core Policy 51 and 57.

So that the Committee had something to debate the Chairman proposed a motion to approve the application, with the conditions stated at pages 26-27 of the agenda, as per the officer recommendations. This was seconded by Cllr Stuart Wheeler.

A debate followed where Members expressed differing opinions on the application, including concern about light pollution and possible solutions, the prominence of the building especially at night time with lights on, the design of the building, lack of natural airflow, applicants awareness of existing conditions when purchasing the property, negative impact on the ANOB and impact of the development on neighbouring properties and residents. 

The vote for approving the application was lost three in favour and four against. Therefore, a further motion was proposed to refuse the application on the grounds detailed below.

At the conclusion of the debate, it was

Resolved:

That planning permission is refused for the following reason:

1.    The installed lighting, by reason of light spill from the vents and openings of the barn and from the lights fitted to the external walls of the barn , is incompatible with the users of the adjoining residential properties, thereby detrimentally impacting on the amenities of the existing occupiers. This is contrary to the requirements of Core Policy 57 of the Wiltshire Core Strategy (2015) and Paragraph 130 of the National Planning Policy Framework (2021). Furthermore, the external lights and the creation of the openings have led to an unacceptable level of light spill, which is harmful to the designated dark sky reserve of the North Wessex Downs Area of Outstanding Natural Beauty (AONB)and therefore fails to respect and enhance the importance of this protected landscape. This is unsympathetic to the historic landscape of the AONB and therefore fails to comply with Core Policies 51 and 57 of the Wiltshire Core Strategy (2015), Paragraphs 176 and 185 of the National Planning Policy Framework (2021) and with the requirements of the Guide to Good External Lighting in the Dark Skies of the North Wessex Downs (2021).