Agenda item

APPLICATION NUMBER: PL/2022/06794 - Hartmoor Barn, Underhill Wood Nature Reserve, Underhill, East Knoyle, SP3 6BP

Conversion of an existing barn/equestrian building to form a 2-bedroom dwelling, with associated hard and soft landscaping (resubmission of PL/2021/10169)

 

Minutes:

Public Participation

Richard Storey Walker spoke in objection to the application

John Reading spoke in objection to the application

Dan Roycroft (Agent) spoke in support of the application

Keggy Carew (Applicant) spoke in support of the application

 

The Planning Team Leader, Adam Madge, presented the report, which set out the merits of the planning proposal against the policies of the development plan and other material considerations.

 

The application was for the Conversion of an existing barn/equestrian building to form a 2-bedroom dwelling, with associated hard and soft landscaping
(resubmission of PL/2021/10169). The application was recommended for Approval with conditions.

 

Previous applications on the site for similar conversions had previously been refused, as they did not state why they met CP48, and had not explored alternative use.

 

The application now had run through various other uses for the barn and why those were not suitable, setting out why accommodation was suitable.

 

The issues of the case were noted as:

 

· Principle & Planning History
· Character & Design
· Neighbouring Amenities
· Highway Safety
· Ecology
· CIL/S106

 

Members then had the opportunity to ask technical question of the Officer.

 

It was noted that the barn had been in place since at least 1926, or possibly earlier.

 

Members of the public as detailed above, then had the opportunity to speak on the application.

 

Some of the main points raised included the importance of the barn locally as a historical asset, noting the unusual, secluded nature of the redbrick building and its location next to a nature reserve which had been created by the applicant on an adjacent field.

 

The bar had historically been for equestrian use, which was no longer required, due to the implementation of the nature reserve.

 

The negative impact that a residential dwelling would have on wildlife due to lighting and human habitation.

Whether any conditions could be applied to prevent any future business operating on the nature reserve.

 

The Agent noted the applicants experience in the field of rewilding, the redundant use of the barn for equestrian use and the proposals support for CP48, conversion of rural buildings.  

 

It was stated that the village nearby already has community buildings, and the development was supported by a financial viability statement, leaving residential use as the only viable reuse for the barn.

 

Work would be minimal and sensitive, noting that the nearest neighbour was 70m away.

 

An ecologist had advised that bats would abandon buildings which had deteriorated. Advice would be followed to preserve the bats. In addition, the development would incorporate other elements including ledges for birds.

 

Cllr Wayman moved the motion of Refusal, against Officer recommendation, for the reasons:

 

Division Member Cllr Bridget Wayman who was on the Committee, spoke in objection to the application, moving the motion of Refusal, against Officer recommendation for the reasons:

 

·        Relationship to adjoining properties

·        Design – bulk, height, general appearance

·        Environmental or highway impact;

·        Other – Inappropriate conversion of a barn to residential use in a rural location in the Cranborne Chase AONB

 

It was noted that the Barn and paddock was in the AONB, was originally had been for equestrian purpose, was now not required for that due to the applicant removing the equestrian use after creating a nature reserve.

 

It was further stated that what had once been an unlit barn, would if approved become a dwelling with lighting, which would have a negative impact in the secluded protected area of the AONB with its international recognised dark skies, which should be protected against light pollution.  

 

Cllr Wayman questioned the statement in the report which stated the conversion of the barn would scarcely be visible, suggesting that the view from the 3 nearest properties had not been taken into account, given their raised position, they would be adversely impacted by light spill. In addition, the local windmill site would also have its night time views damaged.

 

The application had not taken into account the AONB Management Plan.

 

The motion was seconded by Cllr Trevor Carbin.

 

The Committee discussed the application, the main points included the design and impact on the local community. The restrictions on development due to the location being within the AONB.

 

The preservation of the building and opportunity to be developed into an asset rather than be allowed to fall into disrepair and whether conditions could be applied if approved to control light spill.

 

The Committee then voted on the motion of Refusal against Officer recommendation, for the reasons as stated above.

 

The motion was not carried.

 

The Chairman, Cllr hocking, then moved the motion of Approval in line with Officer recommendation. This was seconded by Cllr Nabil Najjar.  

 

The Committee then voted on the motion of Approval with conditions.

 

It was;

 

Resolved:

That application PL/2022/06794 be Approved subject to the following conditions:

 

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:

Application Form & Certificate

Ref: 21/747/P001 Rev B – Proposed Site Location Plan. Received – 31.08.2022

Ref: 21/747/P002 Rev B – Proposed Site Block Plan. Received – 31.08.2022

Ref: 21/747/P100 Rev A – Proposed Ground Floor Plan. Received – 31.08.2022

Ref: 21/747/P101 Rev A – Proposed First Floor Plan. Received – 31.08.2022

Ref: 21/747/P102 Rev A – Proposed Roof Plan. Received – 31.08.2022

Ref: 21/747/P110 Rev B – Proposed North & South Elevations. Received –

14.11.2022

Ref: 21/747/P111 Rev A – Proposed East & West Elevations. Received –

14.11.2022

Ref: 21/747/P120 Rev A – Proposed Sections A-A and B-B. Received –

31.08.2022

Ref: 348_PN_01 Rev B – Landscape Plan. Received – 31.08.2022

Ref: 348_PN_02 Rev A – Planting Schedule & Specification. Received –

31.08.2022

 

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

 

3. The materials to be used in the construction/repair of any external surfaces of the development hereby permitted shall match in material, colour and texture those used in the existing building; and/or shall accord with the material details identified on the approved plans.

 

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

 

4. The flue hereby approved shall be finished in a dark, non reflective finish

 

REASON: In the interests of the visual amenities and the character and

appearance of the area.

 

5. Notwithstanding the approved Landscape Scheme, the dwelling hereby

approved shall not be first occupied until details of any hedgerows or boundary treatment that will be used to delineate the ‘residential curtilage’ of the dwelling on the ground have been submitted to and approved in writing by the Local Planning Authority. The boundary treatment shall be implemented in accordance with an agreed timetable or in accordance with the timings identified in condition 6, whichever is sooner. The boundary treatment shall be retained in perpetuity.

 

REASON: To ensure that the domestication and residential development of this site does not encroach into the surrounding paddocks/countryside to the detriment of the landscape character of the area/area of outstanding natural beauty.

 

6. 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.

7. The ecological mitigation measures, bat roosts and bat access points identified on Plans Ref: 21/747/P110 Rev B – Proposed North & South Elevations and 21/747/P111 Rev A – Proposed East & West Elevations (Received – 14.11.2022); and as outlined in pages 24-30 of the Preliminary Ecological Appraisal and Bat Survey Report, (Date: September 2021 by Stark Ecology Ltd), shall be installed in accordance with the approved details, or as otherwise specified in a relevant European Protected Species Licence superseding this permission. They shall be installed before the dwelling hereby approved is first occupied. The installation of the approved mitigation measures, bat roosts and access features will be supervised by a professional ecologist. The mitigation measures, bat roosts and access points shall be maintained and retained in situ

in perpetuity for the lifetime of the development.

 

REASON: For the avoidance of doubt and for the protection, mitigation and enhancement of biodiversity and protected species.

 

8. No new external artificial lighting shall be installed at the site.

 

REASON: In the interests of conserving biodiversity.

 

9. The development hereby permitted shall not be occupied until the area between the nearside carriageway edge and a line drawn 2.4m parallel thereto over the entire site frontage has been cleared of any obstruction to visibility at and above a height of 900mm above the nearside carriageway level, and maintained as such thereafter.

 

REASON: In the interests of highway safety.

 

10. The development hereby permitted shall not be first occupied until the first 5m of the access, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.

 

REASON: In the interests of highway safety.

 

11. Any gates shall be set back 5m from the edge of the carriageway, such gates to open inwards only.

 

REASON: In the interests of highway safety.

 

12. The development hereby approved shall be occupied until enough space for the parking and turning of 2 vehicles together with a vehicular access thereto has been provided in accordance with details submitted to and approved in writing by the Local Planning Authority. The said spaces shall not be used other than for the parking of vehicles or for the purpose of access/turning.

 

REASON: To ensure that adequate provision is made for parking within the site in the interests of highway safety.

13. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending those Orders with or without modification), no development within Schedule 2, Part 1, Classes A-E, G or H shall take place on the dwellinghouse hereby permitted or within its curtilage.

 

REASON: In the interests of the amenity of the area; to retain the attractive

agrarian character of the existing building; and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions, extensions or enlargements.

 

14. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), no window, dormer windows or rooflights, other than those shown on the approved plans, shall be inserted in the development hereby permitted.

 

REASON: In the interests of amenity of the area and to retain the attractive

agrarian character of the existing building.

 

INFORMATIVES

 

1) 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 not apply 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 Website:

www.wiltshire.gov.uk/planninganddevelopment/planningpolicy/communityinfrastructurelevy.

 

2) Please note that the drainage strategy for the development will be considered at the building regulation stage and has not been assessed as part of this planning application. Please note that should changes be required to the final approved scheme in order to achieve a satisfactory drainage strategy for the site, this may require the submission of a revised/amended scheme to be considered by the Local Planning Authority accordingly.

 

3) The barn is used bats as a roost. Under the Conservation of Habitats and

Species Regulations 2017, it is an offence to harm or disturb bats or damage or destroy their roosts. Planning permission for development does not provide a defence against prosecution under this legislation. The applicant is advised that a European Protected Species Licence will be required before any work is

undertaken to implement this planning permission. Future replacement of the

roof could also breach this legislation and advice should be obtained from a

professional bat ecologist before proceeding with work of this nature.

 

 

 

Supporting documents: