Agenda item

Erection of 1 No new dwelling in lieu of renewed temporary permission of use of mobile home as agricultural workers accommodation.

Public Participation:

·       Simon Chambers – Agent - spoke in support of the application

Ruaridh O’Donoghue, Senior Conservation/Planning Officer introduced the report which recommended that planning permission be approved, for reasons detailed in the report, for the erection of 1 No new dwelling in lieu of renewed temporary permission of use of mobile home as agricultural workers accommodation.

The officer stated that the main issues to be considered 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); 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 is located in the hamlet of Preston near Ramsbury. The applicant’s freehold ownership at the site extends to 3.2 ha (8 acres); in addition, the applicant has the option to hold a further 2.4ha (6 acres) of land under a Farm Business Tenancy (FBT) but, has no need for it at this present moment in time. The freehold land is mainly flat, with an extensive frontage to the B4192; The site lies in the open countryside to the east of the B4192 within the North Wessex Downs AONB and a Public Right of Way runs to the east of the site (ALD46). Part of the site lies within Flood Risk Zones 2 and 3.

The officer explained that his conclusion is that the proposal complies with the development plan as a whole. The application is therefore recommended for approval subject to any conditions outlined in this report.

The report detailed the responses to the consultation and representations received. It was noted that there were 2 letters of objection and 12 in support of the application.

In response to technical questions asked by the Committee, the officer explained that this application had received support from the Agricultural Advisor, whereas another application had not received this support.

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

The unitary division member, Cllr James Sheppard questioned the essential need for a rural worker’s dwelling on the site. Cllr Sheppard commented on his concern in relation to the long term viability and sustainability of the farm, the design of the proposal and how it didn’t enhance the ANOB, the small scale of the farm and location of the dwelling.   

In response to issues raised during public participation and the Unitary Member statement, the planning officer explained that an application cannot be refused on speculation of future events, the applicant and owner had provided accounts to indicate that the business was viable for the next 3 years, and made reference to Core Policy 51 that the application must protect the landscape character rather than enhance it.

So that the Committee had something to debate the Chairman proposed a motion to grant the application, with conditions detailed at pages 61-62 of the agenda, as per the officer recommendations.

A debate followed where Members commented on the length of time that the business would be in operation and the difficulties being experienced in the sector.

At the conclusion of the debate, it was

Resolved:

That planning permission is granted subject to the conditions set out below:

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 has been permitted in accordance with the following plans and documents:

Dwg Ref: Application Form

Dwg Ref: Location Plan 1:2500

Dwg Ref: LPC 2627 PR 01 Site Plan – Proposed

Dwg Ref: LPC 2627 PR 02 Plan Proposed

Dwg Ref: LPC 2627 PR 03 Elevations Proposed

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

3.    No development shall commence on site above ground floor slab level until details of the works for the disposal of sewerage have been submitted to and approved in writing by the Local Planning Authority. The dwelling shall not be first occupied until the approved sewerage details have been fully implemented in accordance with the approved plans/details.

REASON: 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.

4.    No development shall commence on site above ground floor slab level until details and samples of the materials to be used for the external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

REASON: In the interests of visual amenity and the character and appearance of the area which is within the AONB.

5.    The occupation of the dwelling shall be limited to a person solely or mainly working, or last working, in the locality in agriculture or in forestry, 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.    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 which is within the AONB.

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), there shall be no additions/extensions or external alterations to any building forming part of the development hereby permitted.

REASON: In the interests of the amenity of the area which is within the AONB, and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions/extensions or external alterations as the scale of the dwelling approved was considered in line with the functional need it was meeting.