Agenda item

12/01252/FUL - Fordswood Miniature Horse Stud, Lower Kingsdown Road, Kingsdown

Minutes:

Public Participation

Mrs Tina Johnston spoke in objection to the application.

Mr David Wilkes spoke in support of the application.

Mrs Charlotte Watkins, agent, spoke in support of the application.

Cllr Alan Clench, Box Parish Council, spoke in objection to the application.

 

 

The Planning Officer presented a report which recommended the application be delegated to the Area Development Manager for approval subject to the signing of a Section 106 agreement and conditions listed in the report and late observations.

 

The main issues were highlighted as the principle of erecting a permanent rural workers’ dwelling in a Green Belt and Area of Outstanding Natural Beauty and subsequent impact upon amenity and landscape character. It was stated to be a significant material consideration that the principle of development regarding the functional need for the dwelling to support to business, and the financial assessment of that business, had been accepted when allowed under appeal. The Council’s Agricultural Adviser had stated a workers’ dwelling was an essential requirement for the equine business, which was profitable and the dwelling acceptable in scale and design.

 

The Committee then had the opportunity to ask technical questions of officers. Details of the drainage of the site were sought, and it was stated there had been no concerns raised, but that this could be conditioned. In response to queries regarding the Planning Inspector’s comments being in relation to the initial application for temporary permission for a mobile home on site, it was stated that it is standard practice, including under the National Planning Policy Framework, to grant only temporary permission for agricultural and other rural business ventures to test viability before applying for permanent permission.

 

It was also clarified that though the change to mixed use for the site would include agricultural elements, the equine business was deemed viable on its own, and thus the viability of those additional agricultural elements was not a consideration. It was also stressed that conditions would tie the occupancy of the site to ownership of the equine business

 

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

 

The Local Member, Cllr Sheila Parker, then spoke in objection to the application, highlighting concerns over highways, potential subsidence of the hillside after more development and the viability of the business.

 

A debate followed, where the lack of objection from Highways officers was noted, and there was further discussion regarding whether the viability tests referred to equine or agricultural activities and the consideration that should be given to the previous Planning Inspector report. The Committee also commented on the tying of the dwelling to workers in the equine business for former workers, and this was clarified as relating to permit retirees to continue living on a site they had previously worked on, and that the dwelling would still need to be purchased in conjunction with the business. The Committee further discussed the possibility of requiring a land management plan for the site to address concerns. Members also praised the Planning Officer for addressing the volume of technical questions so appropriately.

 

At the conclusion of debate, it was,

 

Resolved:

 

To DELEGATE to the Area Development Manager to PERMIT subject to a S106 agreement tying the land and buildings to the new dwelling for the following reason:

 

The proposal is considered to be justified on the grounds of essential need for an equestrian worker and is thus compliant with policies C3 and H4 of the North Wiltshire Local Plan 2011. The need outweighs the presumption against such development in the Green Belt and the dwelling has been designed to best preserve the openness of the Bath Green Belt and Cotswolds Area of Outstanding Natural Beauty so that it complies with policies C3, NE1 and NE4 of the North Wiltshire Local Plan 2011. The proposal is also considered to comply with the Emerging Core Strategy’s policies 48 (Supporting Rural Life) and 51 (Landscape).

 

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

No development shall commence on site 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. 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.

 

3

No development shall commence on site until details of all earthworks have been submitted to and approved in writing by the Local Planning Authority.  These details shall include the proposed grading including the levels and contours to be formed, and the nature of the material, measures to provide long term stability of the sloping land and a demonstration of the relationship of the new levels to existing vegetation and surrounding landform.  Development shall be carried out in complete accordance with the approved details.

 

REASON: To ensure a satisfactory landscaped setting for the development.

 

4

No part of the development hereby permitted shall be first brought into use until the access, turning area and parking spaces have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter

 

REASON: In the interests of highway safety.

 

5

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (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 and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions/extensions or external alterations.

 

6

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), no garages, sheds, greenhouses and other ancillary domestic outbuildings shall be erected anywhere on the site on the approved plans.

 

REASON:  To safeguard the character and appearance of the area

 

7

No external lighting shall be installed on site until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage have been submitted to and approved in writing by the Local Planning Authority.  The lighting approved shall be installed and shall be maintained in accordance with the approved details.

 

REASON: In the interests of the amenities of the area and to minimise unnecessary light spillage above and outside the development site.

 

8

The development hereby permitted shall be implemented in accordance with the submitted plans and documents listed below. No variation from the approved plans should be made without the prior approval of the local planning authority. Amendments may require the submission of a further application.

 

Plans

 

Location Plan (643:01) Plan Numbers 643-S 01; 02 & 03 Plan Numbers 643-P-01; 02; 03 & 04 Topographic Survey

 

Received 02/05/2012

 

REASON: To ensure that the development is implemented as approved.

 

9

Unless otherwise agreed in writing by the local planning authority, occupation of the dwelling shall be limited to a person solely or mainly employed or last employed in the horse breeding business occupying the land edged red on drawing no. 643:01, or a widow or widower of such a person, or any resident dependants.

 

REASON: The dwelling has only been permitted due to the special circumstances of the applicant

 

10

There shall be no residential curtilage formed on the development hereby permitted without the prior written approval of the local planning authority.

 

REASON: In the interests of protecting the landscape quality of the Green Belt and Cotswolds Area of Outstanding Natural Beauty.

 

11

Unless otherwise agreed in writing by the local planning authority, between 31 October and 31 March inclusive, the number of equines on the land and in the buildings included within the redline on the approved plans shall not exceed 44 (including foals at foot) at any time and during those periods no equines exceeding 40inches in height shall be permitted on the land or in the buildings.

 

REASON: To protect the landscape quality of the land.

 

12

The development hereby permitted shall be carried out in strict accordance with the manure storage and disposal methodology as approved under 08/01210/S73A. The approved methodology shall be permanently used.

 

REASON: In the interests of the landscape quality of the Area of Outstanding Natural Beauty and Green Belt and residential amenity.

 

13

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification no 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 site edged red.

 

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

 

14

No hedges within or on the boundary of the site edged red shall be removed without the prior written approval of the local planning authority. If, contrary to this condition, any hedge or part of a hedge is removed or destroyed, new hedging shall be planted during the first available planting season in accordance with details that have first been submitted to and approved in writing by the local planning authority.

 

REASON: In the interests of the landscape quality of the Area of Outstanding Natural Beauty and Green Belt and residential amenity.

 

15        Prior to the commencement of the development hereby permitted a revised grass management plan shall be submitted to and approved in writing by the local planning authority. Once agreed the approved methodology shall be permanently used.

 

REASON: To protect the ecological interest of the site

 

16        WC8 (landscape management plan, including the retention of trees and their management).

 

17        No development shall take place until a scheme for the disposal of both foul and surface waste from the building and site has been submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in complete accordance with those details so approved.

 

Reason:  In the interests of securing satisfactory and sustainable drainage arrangements on the site.

Supporting documents: