Agenda item

Member of the public Mr Decks spoke against the application. The applicant Neil Edwards, and his agent Richard Harlow, spoke in favour of the application.

The Senior Planning Officer introduced the application, which was for a change of use to a dog kennelling business, erection of dog kennels and conversion of existing building to a small retail unit. A presentation was delivered, which displayed a site location plan, photographs of the existing site and proposed plans. It was explained that part of the application was part retrospective, in that the applicant sought permission for an existing outbuilding to be used as a pet supplies business and reception area. Attention was drawn to the Late Observations, which amended conditions to the Officer’s recommendation of approval.

There were no technical questions.

Members of the public spoke as detailed above.

Local member Cllr Baroness Jane Scott of Bybrook OBE was not present but had requested Cllr Toby Sturgis represent her views in Committee. He stated that the principle concern was the retail unit, with a view that once a retail permission had been granted, this could be extended. He also expressed concerns as to the suitability of such an enterprise in the Cotswold AONB, along with concerns as to the acoustic insulation and increased traffic congestion in the area.

In the debate that followed, Cllr Peter Hutton proposed the Officer’s recommendation of approval, with an additional condition against the external storage of paraphernalia and outside storage of any materials related to the dog kennelling and retail business, which was seconded by Cllr Greenman. However, this motion was withdrawn by Cllr Hutton when it was highlighted that a consultation from the Parish Council had not been received by Officers. Cllr Hutton then proposed a motion to delegate authority to Head of Development Management to approve the application, with an additional condition against the external storage of paraphernalia and outside storage of any materials related to the dog kennelling and retail business, subject to confirmation that the Parish Council’s consultation representations do not raise any material planning matters not addressed at the Committee meeting, but with delegated authority to determine the application if any and if new material planning considerations are raised. This was seconded by Cllr Greenman but voted against by the majority.

Cllr Gavin Grant proposed a motion, which proposed to delegate Authority to Head of Development Management to approve, with an additional condition against the storage of paraphernalia, subject to confirmation that the Parish Council’s consultation representations do not raise any material planning matters not addressed at the Committee meeting, but in the event that new material planning considerations are raised by the Parish Council representation to bring the application back to Committee for determination. This was seconded by Cllr Sturgis and approved by the majority.

Resolved:

To DELEGATE Authority to Head of Development Management to Approve subject to confirmation that the Parish Council’s consultation representations do not raise any material planning matters not addressed at the Committee meeting. In the event that new material planning considerations are raised by the Parish Council representation to bring the application back to committee for determination.

In the event of approval under delegated authority, to apply the additional conditions referenced in late terms and debate. In the latter respect and additional condition to restrict external paraphernalia and outside storage of any materials related to the dog kennelling and retail business.

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 proposal and site (including the house) shall be used for the kennelling of no more than a total of 12 dogs at any one time.

REASON: In the interests of residential amenity

3 The retail facility at the site shall be limited to the building shown on approved plan Drwg AH2017/56 1of 2 and limited to a maximum of 30sqm of retail and storage space. The products sold shall be limited to dog food and associated dog care products.

REASON: In the interests of highway safety and sustainability.

4 No Construction or demolition work shall take place on Sundays or Public Holidays or outside the hours of 07:30 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays.

REASON: In the interests of residential amenity.

5 No development shall commence on site until a scheme of acoustic insulation and noise control has been submitted to and approved in writing by the Local Planning Authority. The scheme should specify the acoustic insulation and other measures to be put in place to prevent and control the emission of noise from the development including noise from dogs. The approved scheme shall be implemented in full before the development is occupied/use commences and maintained at all times thereafter. In discharging this condition the applicant should engage an Acoustic Consultant. The consultant should carry out a thorough background noise survey and noise assessment in accordance with:

BS8233: 2014 and demonstrate that the noise generated by the development will not cause an exceedance of the guideline noise levels contained in Section 7.7

BS8233:2014 at any residential or other noise sensitive property near to the

development. The report should also demonstrate that internal maximum noise levels in bedrooms will not normally exceed 45dB LAmax between the hours of 23:00 and 07:00.

REASON: To protect residential amenity.

6 No development shall commence on site until a scheme of works for the control and dispersal of atmospheric emissions, and in particular: dust has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full before the development is first brought into use and shall be maintained in effective working condition at all times thereafter.

7 No external lighting shall be installed on site until a scheme of external lighting, including the measures to be taken to minimise sky glow, glare and light trespass, has been submitted to and approved in writing by the Local Planning Authority. The external lighting scheme shall be designed so as to meet the criteria for Environmental Zone E2 as defined by the Institute of Lighting Professionals ‘Guidance Notes for the Reduction of Obtrusive Light’ 2012.The approved scheme shall be implemented in full before the development is first brought into use and shall be maintained in effective working order at all times thereafter.

REASON: In the interests of residential amenity.

8 Former agricultural use of the site/buildings may have given rise to potential

sources of land contamination e.g. oil storage, pesticides or herbicides, asbestos etc. As it is now intended to use the site for residential purposes a statement/letter report must be provided which confirms the historical uses of the site/buildings and how development works will address any potential for land contamination which may exist.

REASON: In the interests of residential amenity.

9 The development hereby permitted shall be carried out in accordance with the following approved plans: Drwg AH2017/56 sheet 1of 2 and sheet 2 of 2

received 1st August 2018.

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

10 No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access / driveway), incorporating sustainable drainage details together with permeability test results to BRE365, has been submitted to and approved in writing by the Local Planning Authority. The approved drainage system shall be fully implemented prior to the first use of the development.

REASON: To ensure that the development can be adequately drained

11 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.

12 No portable buildings, van bodies, trailers, vehicles or other structures used for storage, shelter, rest or refreshment, shall be stationed on the site without the prior approval in writing of the Local Planning Authority.

REASON: In order to protect the living conditions of nearby residents and/or the rural character of the area.

INFORMATIVES:

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.

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.