Agenda item

Erect replacement multipurpose agricultural/equestrian building and horse walker.

Public Participation

Quintin Bull spoke in objection to the application

Gina Dent spoke in objection to the application

Patrick Drummond (Applicant) spoke in support of the Application

Matt Williams (Agent) spoke in support of the Application

 

The Planning Team Leader, Richard Hughes, presented the application for the erection of a replacement multipurpose agricultural/equestrian building and horse walker, at Lower Marshes Farm.

 

The application was recommended for Approval with conditions, as set out in the report attached to the agenda.

 

Material considerations noted in the report included:

 

·         Principle of development

·         Scale, siting, design, impact on the wider landscape within the Cranborne Chase AONB

·         Impact on amenity

·         Highways

·         Ecology/Impact on the River Avon SAC

 

There were no technical questions to the Officer.

 

Members of the public as detailed above, then had the opportunity to speak on the application, the main points included reference to the change of use from agriculture to equestrian and the impact on the single access track, with an increase in use by people coming and going with or without horses and the subsequent impact on amenity and local highways.

 

Reference to the need for light during the winter months on a farm in the AONB and the impact on the dark skies.

 

Suggestions were made that the application equated to a new build barn and not a replacement to the existing, and the unsuitability of the land for the purpose of breeding horses due to marshy conditions.

 

The applicant and agent set out the need for the barn on the farm, to provide shelter and storage. The old barn had been assessed for renovation, however it was reported that it had been declared not viable so would need to be removed, due to being derelict and dangerous.

 

Reference to policies which supported new buildings in the countryside for land based enterprises and justification for the size based on the type of enterprise was provided.

 

There was no objection from Highways and the design complied with AONB preferred colour.

 

Local Member, Cllr Bridget Wayman, who was on the Committee, spoke to the application noting that she was more conflicted with this application than the previous for the mobile home. The existing barn was an agricultural barn, the applicant had stated that the new barn would be used for animals, so would have equestrian use. The plan shown detailed a row of stable like structures along one side.

 

The Officer clarified that it was a replacement barn application for agricultural and equestrian purposes, should the committee not be content that it be used for equestrian purposes then it was able to refuse the application.

 

Cllr Wayman queried condition 1, the horse walker and equine works should be removed after 3 years and requested that ‘any ancillary equine’ facilities include reference to the proposed barn being removed.

 

Cllr Wayman then moved the motion of Approval in line with officer recommendation, subject to the inclusion of equine as above to condition 1.

 

This was seconded by Cllr Rich Rogers

 

The Committee was invited to discuss the application, the main points included whether discussion around the requirement for further consultation with the AONB before further lighting was permitted was required.

 

The Officer confirmed that the consultant had looked at the statement provided and had agreed there was a need for the accommodation on the site and that the buildings appeared to be justified.

 

The Officer clarified that Highways would only consider the application as presented and would not have considered the possibility of any increase in traffic should a polo business be started up at the site, as this was not part of the application.

 

After discussion, the Committee voted on the motion of Approval, in line with Officer recommendation and an amended condition 1 to include reference to the proposed barn.

 

It was;

Resolved:

 

That application 20/09189/FUL be Approved with the following conditions:

 

1 The horse walker, replacement new barn, and any ancillary equine works or structures shall be removed and the land restored to its former condition on or before three years of the date of this decision notice in accordance with a scheme to be submitted to and approved by the Local Planning Authority. Following three years of the date of this decision notice the replacement barn shall be retained for agricultural purposes only.

 

REASON: A temporary permission is granted in order that the local planning authority can review the applicant’s circumstances at the end of the limited period specified.

 

2 The horse walker and the replacement barn shall only be used in connection with the associated equine/agricultural business at Lower Marshes Farm, Semley.

 

REASON: In the interests of the amenities of the area.

 

3 The development hereby permitted shall be carried out in accordance with thefollowing approved plans:

Drg. no. 18194 – 1 B Site Location Plan (revised) Date rec. 13 April 2021

Drg. no. 18194 – 2 A Block Plan Date rec. 20 October 2020

Drg. no. 18194 – 3 A Plans & Elevations as Proposed Date rec. 20 October 2020

Drg. no. 18194 – 4 Proposed Horse Walker Date rec. 20 October 2020

Materials shall be as agreed within the email to the Council from Janet Montgomery

dated 9th December 2020.

 

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

 

4 No new external artificial lighting shall be installed at the site unless otherwise agreed in writing by the local planning authority.

 

REASON: In order to reduce light spill and the impact on the AONB

 

5 Prior to occupation of the barn the following mitigation and enhancement measures must be provided in accordance with recommendations detailed in the submitted Preliminary Ecological Assessment report prepared by David Leach Ecology Ltd (July 2021) : Installation of a woodcrete bat box on a nearby tree. Installation of a Viva pro bird box on nearby tree. Instillation of insect features on nearby trees. Native and wildlife friendly planting.

 

REASON: To ensure adequate protection, mitigation and compensation for protected species and to provide a biodiversity enhancement, in accordance with Core Policy 50 and the National Planning Policy Framework and Section 40 of the Natural Environment and Rural Communities Act 2006.

 

Informatives: (3)

 

Protected species

The adults, young, eggs and nests of all species of birds are protected by the Wildlife and Countryside Act 1981 (as amended) while they are breeding. Please be advised that works should not take place that will harm nesting birds from March to August inclusive. All British birds, their nests and eggs are protected under Section 1 of the Wildlife and Countryside Act 1981 (as amended) and the Countryside and Rights of

Way Act 2000 while birds are nesting, building nests and sitting on eggs. The applicant is advised to check any structure or vegetation capable of supporting breeding birds and delay removing or altering such features until after young birds have fledged. Damage to extensive areas that could contain nests/breeding birds should be undertaken outside the breeding season. This season is usually taken to be the period between 1st March and 31st August but some species are known to breed outside these limits.

 

Lighting and materials

Regards condition 04, details should be submitted to the LPA via a discharge of condition application. details submitted should limit light spill in the AONB and limit harm to protected species. The colours of the materials and any lighting shall follow the guidance on these matters issued by the AONB.

 

Right of way

No construction / demolition vehicle access may be taken along SESE26 without prior consultation with the Rights of way Countryside Access Officer (CAO). Where appropriate any safety/mitigation/reinstatement measures must be approved by the CAO.

 

No materials, plant, temporary structures or excavations of any kind should be deposited / undertaken which obstruct or adversely affect the public right of way whilst development takes place.