Agenda item

16/05721/FUL: 9 Church Farm, Easton Grey, Malmesbury.

Minutes:

Public participation was conducted as outlined above.

 

The Planning Officer explained that the application was one of 9 concurrent applications at the site, seeking various agricultural buildings to allow for the consolidation of the applicant’s beef and dairy businesses, including the creation of an agricultural workers dwelling and an Anaerobic Digester for use by the applicant’s business. This application related only to the erection of the agricultural farmers dwelling and heifer shed.

 

The Planning Officer introduced the report and showed pictures and diagrams of the proposed site, giving details about the specifications and materials to be used. It was explained that conditions in respect of landscaping and drainage were suggested, as with other applications on the site. It was highlighted that there was a functional need for the dwelling on the site, as identified by the Council’s Agricultural Consultant, and that other buildings near the site were unable to be used. The officer identified that the dwelling had been designed to reflect the financial and functional requirements of the operation as proposed. The officer advised that it was conditioned that the dwelling would not be occupied until the beef and dairy element of the farm was in use and would be restricted to use by agricultural workers and their dependents. Following submissions in by the applicant team, it was clarified that the Council’s agricultural consultant had identified that part of the functional need for a dwelling related to the provision and operation of the dairy herd facilities and therefore the conditional restriction in this respect was necessary.

 

The Chairman invited technical questions and it was confirmed that the dwelling was necessitated by the agricultural work and not maintenance of the AD unit.

 

Cllr Anthony Trotman proposed the officer’s recommendation, which was seconded by Cllr Peter Hutton.

 

RESOLVED:

 

That planning permission be GRANTED, 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.

 

  1. The development hereby permitted shall be carried out in accordance with the following approved plans:
    1. Site Location Plan - 2663/01 - Received 24th June 2016;
    2. Proposed Heifer Shed - 2663/07 - Received 10th June 2016;
    3. Proposed Dwelling Elevations - 2663/11A - Received 30th November 2016
    4. Proposed Dwelling Floor Plans - 2663/12A - Received 30th November 2016

 

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

 

  1. No development shall commence on site until the exact details and samples of the materials to be used for the external walls and roofs of the dwelling hereby approved 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: The matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in the interests of visual amenity and the character and appearance of the area.

 

  1. 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.

 

  1. The dwelling hereby approved shall not be first occupied until the agricultural buildings approved under application reference 16/05722/FUL (Beef Building) & 16/05729/FUL (Dairy Parlour) have been erected in strict accordance with the approved plans, occupied and the associated agricultural business be operational at the site.

 

REASON: To ensure that the dwelling is required for a key worker for the agricultural land use at the site.

 

  1. No development shall commence on site until a scheme of hard and soft landscaping to mitigate against the impacts of the development on the Area of Outstanding Natural Beauty has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include :
    1. location and current canopy spread of all existing trees and hedgerows on the land;
    2. full details of any to be retained, together with measures for their protection in the course of development;
    3. a detailed planting specification showing all plant species, supply and planting sizes and planting densities;
    4. finished levels and contours;
    5. means of enclosure;
    6. car park layouts;
    7. other vehicle and pedestrian access and circulation areas;
    8. all hard and soft surfacing materials;
    9. minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc);
    10. proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc);
    11. retained historic landscape features and proposed restoration, where relevant.

 

REASON: The matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

  1. 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.

 

  1. No development shall commence on site until An Ecological Mitigation and Enhancement Plan has been submitted to and approved in writing by the Local Planning Authority. The plan will address the loss of grassland and trees and the potential disturbance to wildlife using hedgerows and trees around the site boundary. It will offer gains for biodiversity by aiming to help meet targets in the Wiltshire Biodiversity Action Plan for named species.

 

REASON: The matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure adequate protection, mitigation and compensation for protected species, priority species and priority habitats.

 

  1. No development shall commence on site until a comprehensive scheme for the discharge of surface water from the wider site (including surface water from the access/driveways/service areas), incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first occupied until the surface water drainage has been constructed in accordance with the approved scheme.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure that the development can be adequately drained.

 

  1. No development shall commence on site until details of the works for the disposal of sewerage including the point of connection to the existing public sewer (if required) have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be first occupied until the approved sewerage details have been fully implemented in accordance with the approved plans.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in acceptable manner, to ensure that the development can be adequately drained.

 

  1. No development shall commence on site until a plan showing space for the parking of 3 vehicles has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the parking spaces shall be provided in strict accordance with the approved plan prior to the occupation of the dwelling and shall not be used other than for the parking of vehicles or for the purpose of access.

 

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

 

  1. 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 Part 1, Classes A-H shall take place on the dwelling house(s) hereby permitted or within their curtilage.

 

 

REASON: In the interests of the amenity of the Area of Outstanding Natural Beauty and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions, extensions or enlargements to an agricultural workers dwelling.

 

  1. No development shall commence on site until a construction management plan has been submitted to and approved in writing by the local planning authority. The plan shall include details of the measures that will be taken to reduce and manage the emission of noise, vibration and dust during the demolition and/or construction phase of the development. It shall include details of the following:
    1. The movement of construction vehicles;
    2. The cutting or other processing of building materials on site;
    3. Wheel washing and vehicle wash down facilities;
    4. The transportation and storage of waste and building materials;
    5. The recycling of waste materials (if any)
    6. The loading and unloading of equipment and materials
    7. The location and use of generators and temporary site accommodation
    8. Pile driving (If it is to be within 200m of residential properties)
    9. Schedules for any plans to float polish flooring

 

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 otherwise than in accordance with the approved construction method statement.

 

REASON: The matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase.

 

  1. 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 spillage in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Engineers in their publication "Guidance Notes for the Reduction of Obtrusive Light" (ILE, 2005)", have been submitted to and approved in writing by the Local Planning Authority. The approved lighting shall be installed and shall be maintained in accordance with the approved details and no additional external lighting shall be installed.

 

 

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

 

  1. INFORMATIVE TO APPLICANT: The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer. Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question.

 

  1. INFORMATIVE TO APPLICANT: Please note that Council offices do not have the facility to receive material samples. Please deliver material samples to site and inform the Planning Officer where they are to be found.

 

  1. INFORMATIVE TO APPLICANT: The applicant should note that under the terms of the Wildlife and Countryside Act (1981) and the Habitats Regulations (2010) it is an offence to disturb or harm any protected species, or to damage or disturb their habitat or resting lace. Please note that this consent does not override the statutory protection afforded to any such species. In the event that your proposals could potentially affect a protected species you should seek the advice of a suitably qualified and experienced ecologist and consider the need for a licence from Natural England prior to commencing works. Please see Natural England's website for further information on protected species.

 

  1. INFORMATIVE TO APPLICANT: The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence. If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.

 

  1. INFORMATIVE TO APPLICANT: Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.