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Agenda item

18/04322/FUL - Limetree Farm, Middle Common, Kington Langley

Minutes:

Public participation

 

John White, AGM Ltd, spoke in objection to the application.

 

Tom Cunningham, local resident, spoke in objection to the application.

 

Patrick Maguire, Asset Heritage Consulting, spoke in objection to the application.

 

Marc Willis, the agent, spoke in support of the application.

 

Gillian Livock, the applicant, spoke in support of the application.

 

Mark Turek, local resident, spoke in support of the application.

 

The Planning Officer, Charmian Eyre-Walker, introduced a report which recommended granting planning permission, subject to conditions, for the erection of a general purpose (equestrian and agricultural) building

(resubmission of 17/09061/FUL).

 

Key issues highlighted included: principle of development; impact on landscape and ecology; impact on heritage assets; impact on neighbour amenity and drainage.

 

Members of the Committee then had the opportunity to ask technical questions of the officer which focused on: external storage; lighting; the demolition of the existing building; impact on neighbour amenity and impact on landscape and ecology.

 

Members of the public then had the opportunity to address the Committee, as

detailed above.

 

Cllr Howard Greenman, Division Member, spoke regarding the application with the main points focusing on drainage, highways and lighting impact.

 

At the start of the debate a proposal was moved by Cllr Peter Hutton, seconded by Cllr Christine Crisp to grant planning permission as detailed in the report and subject to additional conditions addressing external storage and light spill.

 

During the debate the main points raised were: impact on heritage assets; impact on neighbour amenity; the location and size of the proposed building; the lighting impact; the efforts of the applicant to mitigate concerns and the usage of the proposed building. 

 

Resolved

 

That planning permission is approved in accordance with the officer recommendation with conditions restricting external storage and structures and revised wording of condition 6 to address light spill from the approved structures and lighting of the access route.

 

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:

 

Site Plans as proposed 2888/502A & 2888/501A) received 25th March 2019.

 

Building elevations (2888/503)

Site sections (2888/505 & 2888/506)

Building layout (2888/504) all received 9th October 2018.

 

Site location plan (2888/01) received 23rd May 2018.

 

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

 

 

3.     No development shall commence on site (including any works of demolition), until a Construction Method Statement, which shall include the following:

 

a)     the parking of vehicles of site operatives and visitors;

b)     loading and unloading of plant and materials;

c)     storage of plant and materials used in constructing the development;

d)     the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

e)     wheel washing facilities;

f)      measures to control the emission of dust and dirt during construction;

g)     a scheme for recycling/disposing of waste resulting from demolition and construction works; and

h)     measures for the protection of the natural environment.

i)      hours of construction, including deliveries;

 

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 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 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.

 

 

4.     No development shall commence on site until details of the proposed ground floor slab levels have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved levels details.

 

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, in the interests of visual amenity.

 

 

5.     No materials, structures, feed, goods, plant, machinery, equipment, finished or unfinished products/parts of any description, skips, crates, containers, waste or any other item whatsoever shall be placed, stacked, deposited or stored outside on the site.

 

REASON: In the interests of the appearance of the site and the amenities of the area.

 

 

6.     No external or internal lighting shall be installed in the building or at the site until plans showing the type of light appliance, the height and position of fitting, illumination levels and light 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 prior to 1st occupation of the permitted building and shall be maintained in accordance with the approved details in perpetuity with no additional 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.

 

 

7.     The development shall be carried out in strict accordance with the recommendations of the Phase One Ecology Report received by the Council on 20th February 2019.

 

REASON: To protect the ecology on site.

 

 

8.     No development shall commence on site until the exact 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: 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, in the interests of visual amenity and the character and appearance of the area

 

 

9.     Prior to the start of construction, an Ecological Construction Method Statement (ECMS) to include a bat strategy for the site will be submitted for the approval of the LPA's ecologist.  This must include precautionary measures including (but not exclusively) a methodology of the removal of all structures or features with any potential to support roosting bats. It will also provide details of all precautionary measures for reptiles, breeding birds and common amphibians. The ECMS will provide details of further surveys for the mature ash tree (within the hedgerow on the western boundary) if works to the tree are proposed. A plan must be included which provides details and locations of Heras fencing protection for the retained hedgerow/trees and the plan will include the number, design and show the locations of bat and bird boxes and any other features designed specifically for enhancement of the site for biodiversity.

 

REASON: To protect the ecology on site.

 

 

10.   Within 2 months of the first occupation of the development hereby permitted the building shown on plan 2888/501 as "Existing Building" shall be completely demolished and all debris removed from the site.

 

REASON: In the visual amenity of the Kington Langley Conservation Area.

 

 

11.   There shall be no DIY livery horses kept at the site and no events held. Any tuition shall be restricted to no more than 15 hours per week each calendar year.

 

REASON: In order to safeguard the amenities of adjoining occupiers and the surrounding land.

 

 

12.   No development shall commence on site until a detailed scheme for the discharge of foul water from the site has been submitted to and approved in writing by the Local Planning authority. The development shall not be first occupied until the approved scheme is in place.

 

REASON: To ensure the site can be adequately drained.

 

 

13.   No development shall commence on site until a detailed scheme for the discharge o surface water from the site, 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 approved drainage scheme is in place .

 

REASON: To ensure the site can be adequately drained.

 

 

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.

 

 

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.

 

 

 

 

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.

 

 

INFORMATIVE TO APPLICANT:

 

There is a low risk that bats may occur at the development site. Many species of bat depend on buildings for roosting, with each having its own preferred type of roost. Most species roost in crevices such as under ridge tiles, behind roofing felt or in cavity walls and are therefore not often seen in the roof space. Bat roosts are protected all times by the Conservation of Habitats and Species Regulations 2017 (as amended) even when bats are temporarily absent because, being creatures of habit, they usually return to the same roost site every year. Planning permission for development does not provide a defence against prosecution under this legislation or substitute for the need to obtain a bat licence if an offence is likely. If bats or evidence of bats is found during the works, the applicant is advised to stop work and follow advice from an independent ecologist or to contact the Bat Advice Service on 0845 1300 228, email: enquiries@bats.org.uk or visit the Bat Conservation Trust website.

 

Supporting documents: