Agenda item

Temporary Rural Worker Dwelling and Replacement Stabling.

Public Participation:

·       Lucy Ralph, agent on behalf of the applicant, spoke in support of the application

·       Mark Humphries, on behalf of East Kennett Parish Council, spoke in objection to the application

RuaridhO’Donoghue, Senior Conservation/Planning Officer presented the report which recommended that the planning permission be approved with conditions for temporary rural worker dwelling and replacement stabling.

The officer stated that the main issues for consideration by the Committee included:

·       The principle of a new countryside dwelling in this isolated position, with particular regard to the functional need and financial ‘tests’ established in former PPG7 Annex A which appeal inspectors have satisfied to use as a framework for establishing the justification for such dwellings (CP 48);

·       Whether the scheme constitutes high quality design (CP 57);

·       Whether the scheme would have an acceptable landscape impact (CP 51);

·       Whether the scheme would impact upon any attributes of Outstanding Universal Value within the Avebury WHS (CP 69);

·       Whether the proposal will have an acceptable impact upon any Archaeology on the site; and,

·       Whether the proposal would have a negative effect upon highway safety, including if there is sufficient parking for the proposed development (CP 61 and 64);

The officer advised that the site concerned land off byway EKEN2 which is located to the south of West Kennet and to the north-west of East Kennet. The byway can be accessed via Gunsite Road and adjoined on all sides by agricultural land. It is considered to be open countryside, and its surroundings lie within the North Wessex Downs AONB and Avebury World Heritage Site.

The officer explained that in principle, the application meets the requirements of Core Policy 48 in that there is a functional and financial justification for the dwelling. In addition, support is met from paragraph 84 of the NPPF which seeks to ensure a prosperous rural economy. As such, there is no ‘in principle’ objection to the development.

Officers consider the design of the scheme to be in broad accordance with the requirements of Core Policy 57 of the WCS – the dwelling itself being temporary and the stables being of similar appearance and scale to the existing ones on the site. A reason for refusal would therefore not be warranted on design grounds.

Overall, the visual impact of the scheme upon the AONB landscape would not be significant. This conclusion is drawn when taking account of existing planting, the undulating topography, and the limited public vantage points of the site. Landscape character would thus be reserved in accordance with Core Policy 51 of the WCS. For similar reasons, and the fact the site itself does not contain any archaeological or monumental features, it is not considered that the scheme would harm the Avebury World Heritage Site or any of its attributes of Outstanding Universal Value to an extent that would justify refusing planning permission. Therefore, the scheme is considered to comply with Core Policy 59 of the WCS.

Whilst accepting that access onto the site from the BOAT is not the most suitable, given the proposal will result in far fewer vehicle movements than at present, the local highway authority has not objected to the scheme. Officers consider that the development accords with Core Policy 61 of the WCS and that a reason for refusal would be difficult to substantiate.

The report detailed the responses to the consultation from Avebury Parish Council, East Kennet Parish Council, Highways, CPRE, Thames Water and Archaeology. Representations were received from four objectors and one supporter, with comments detailed in the report.

In response to technical questions asked by the Committee the officer confirmed that the planning permission was proposed for three years to allow the applicants to establish the business as an ongoing concern and to become financially sound, if evidence was provided along these grounds then a further application could be submitted to make the original application permanent, the proposal was for an ‘off-grid’ dwelling as solar panels would provide the necessary power and it was stated that the tie to an equestrian worker could be removed if it could be demonstrated that there was no longer an essential need for the dwelling.

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

The unitary division member, Cllr Jane Davies spoke in objection to the application. Cllr Davies considered that the scheme would harm the Avebury World Heritage Site and the ANOB, the site is visible from the highway, the Council has a duty to protect the heritage site and Cllr Davies supported the concerns raised by the village.

So that the Committee had something to debate the Chairman proposed a motion to approve the application, with the conditions stated at pages 63-64 of the agenda, as per the officer recommendations. This was seconded by Cllr Brian Mathew.

A debate followed where Members commented on the existing stables on site, the temporary nature of the application, objection from the Parish Council in relation to the temporary building, concern about the potential for light pollution at a World Heritage Site and the permanency of the rural worker dwelling if the business is not successful in the future.

At the conclusion of the debate, it was

Resolved:

That planning permission is approved subject to the following conditions:

1.    The mobile home hereby permitted shall be removed and the land restored to its former condition within 3 years of the date of this permission.

REASON: In the interests of the landscape character and appearance of the AONB and World Heritage Site and in order to secure the restoration of the land upon removal of a building for which permission can be justified only on the basis of a special temporary equestrian need.

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

·Dwg Ref: Application Form
·Dwg Ref: Location Plan 1:2500
·Dwg Ref: Proposed Site Plan 1:500
·Dwg Ref: AGMRE – 001 Proposed Accommodation Elevations
·Dwg Ref: AGMRE – 002 Proposed Accommodation Unit Floor Plan
·Dwg Ref: AGMRE – 003 Proposed Stable Elevations 1
·Dwg Ref: AGMRE – 004 Proposed Stable Elevations 2
·Dwg Ref: AGMRE – 005 Proposed Stable Floor Plan

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

3.    No further development shall commence on site (including any works of demolition), until a Construction Method Statement, which shall include the following:

(a)  the parking of vehicles of site operatives and visitors;

(b)  loading and unloading of plant and materials;

(c)  storage of plant and materials used in constructing the development;

(d)  the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

(e)  wheel washing facilities;

(f)   measures to control the emission of dust and dirt during construction;

(g)  a scheme for recycling/disposing of waste resulting from demolition and construction works;

(h)  measures for the protection of the natural environment; and,

(i)    hours of construction, including deliveries.

has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be complied with in full throughout the construction period. The development shall not be carried out other than in accordance with the approved construction method statement.

REASON: To minimise detrimental effects upon the Public Right of Way that is used to access the site.

4.    Once the current stables are demolished, the remaining footprint of the new stabling shall be made the subject of excavation prior to its erection. This shall include:

(a)  A written programme of archaeological investigation, which should include onsite work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved by the Local Planning Authority; and,

(b)  The approved programme of archaeological work has been carried out in accordance with the approved details.

REASON: To enable the recording of any matters of archaeological interest.

5.    The occupation of the accommodation hereby permitted shall be limited to a person solely or mainly working, or last working, in the training/keeping/breeding of horses, in agriculture or in forestry in the locality, or a widow or widower of such a person, and to any resident dependants.

REASON: The site is in an area where residential development for purposes other than the essential needs of agriculture or forestry is not normally permitted and this permission is only granted on the basis of an essential need for a new dwelling/residential accommodation in this location having been demonstrated.

6.    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.

7.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.3) (England) Order 2020 (or any Order revoking or re-enacting or amending that Order with or without modification), no buildings or structures, or gate, wall, fence or other means of enclosure, other than those shown on the approved plans, shall be erected or placed anywhere on the site on the approved plans.

REASON: To safeguard the character and appearance of the area.