Agenda item

Public participation

 

Peter Gallagher, The Ramblers, spoke in objection to the application.

 

Tony Kernon, the agent, spoke in support of the application.

 

Colin Rendell, Broad Town Council, spoke in objection to the application.

 

The Planning Officer, Nicole Gillett, introduced a report which recommended granting planning permission, subject to conditions, for the change of use of agricultural land to equestrian and construction of all-weather gallop.

 

Attention was drawn to the late list of observations provided at the meeting and attached to these minutes.

 

Key issues highlighted included: the principle of development; the impact on the character and appearance of the area and AONB; the impact on highway safety; the impact on neighbour amenity; the impact on public rights of way and the impact on heritage assets.

 

There were no technical questions. 

 

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

detailed above.

 

Cllr Mollie Groom, Division Member, assured the Committee that she would participate in the debate and vote for each item with an open mind. She then spoke regarding the application with the main points focusing on the impact on public rights of way, highways concerns and the impact on the character and appearance of the area and AONB.

 

The Planning Officer addressed some of the issues raised by the public and local members with the main point focusing on the applicant needing to agree the type, position and wording of signage to be erected at the Broad Town Road crossing with the Local Planning Authority in the interest of public safety.

 

At the start of the debate a proposal was moved by Cllr Toby Sturgis, seconded by Cllr Peter Hutton, to grant planning permission as detailed in the report and subject to the amendment of condition 8 to alter hours of operation/use to 9:00am – 4:00pm Monday – Friday and 9:00am – 12:00pm Saturdays.

 

During the debate the main points raised were: the viability and use of the gallops; the concerns of The Ramblers; operation/usage times; the impact on the public rights of way; the impact on neighbour amenity and road safety issues.

 

Resolved

 

That planning permission is approved as detailed in the officer report and subject to the amendment of condition 8 to alter hours of operation/use as detailed below:

 

1.    Time Limit

 

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.    Approved Plans

 

The development hereby permitted shall be carried out in accordance with the following approved plans:

 

Site Location Plan KCC2759/01A received 21st October 2019

 

Site Plan KCC2759/02A received 18th October 2019

 

Further revised details of gallop and location of footpath crossings KCC2759/03B received 11^th October 2019

 

Revised details of stopping circle KCC2759/04A received 7th October 2019

 

Details of start circle and entrance track KCC2759/05 received 29th July 2019

 

Revised cross section of gallops and details of footpath crossing including signage

 

KCC2759/06B received 7th October 2019

 

Details of footpath crossing 3 and 4 KCC2759/07 received 7th October 2019

 

Details of track and fencing KCC2759/08 received 15th October 2019

 

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

 

3.    Public Right of Way Signage

 

Prior to the commencement of the development herby permitted, as to the type, position and wording of signage to be erected at the footpath crossing is to be submitted to and agreed in writing by the Local Planning Authority. The approved signage must be erected at the approved locations where each public footpath crosses the gallops before the gallops are first brought into use.

 

Reason: In the interest of public safety.

 

4.    Public Right of Way

 

The Public Right of Way BROA10 must not be obstructed 1.5 meters either side of the Public Right of Way line.

 

Reason: to safeguard the Public Right of Way.

 

5.    Warning Signs

The development hereby permitted shall not be first brought into use until the requirements for warning signs have been discussed and determined in relation to both approaches on Broad Town Road. Any requirements for warning signs would be implemented at the expense of the applicant.

 

Reason: In the interests of highway safety.

 

6.    Materials

 

No development shall commence on site until details of the materials to be used on the development 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.

 

7.    Soil Disposal

 

No development shall commence on site until details of the disposal of top and sub soil 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.

 

8.    Timing of gallops

 

The use hereby permitted shall only take place between the hours of;

 

9:00am – 4:00pm Monday – Friday

 

9:00am – 12:00pm Saturdays

 

Reason: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

9.    Lighting

 

No external lighting shall be installed on site without prior written consent from the Local Planning Authority.

 

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

 

10. Parking

 

There shall be no parking of horse boxes, caravans, trailers or other vehicles on the site.

 

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

 

11. Fences and Jumps

 

No fences or jumps shall be erected 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.

 

12.Structures

 

No portable buildings, van bodies, trailers, vehicles or other structures used for storage, shelter, rest or refreshment, shall be stationed on the site. Further, no permanent structures will be erected on site without the prior written consent of the Local Planning Authority.

 

Reason: In order to protect rural character of the area.

 

INFORMATIVE TO APPLICANT:

Please be advised that nothing in this permission shall authorise the diversion, obstruction, or stopping up of any right of way that crosses the site.

 

INFORMATIVE TO APPLICANT:

Any alterations to the approved plans must first be agreed in writing with the Local Planning Authority before commencement of work.

 

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.

 

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:

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.