Agenda item

Report No: DEV/SE/18/046

Planning Application -(i) 1no dwelling with attached ancillary outbuilding, (ii) new access and (iii) associated works  (following demolition of 2no existing barns)

Planning Application - (i) 1no dwelling with attached ancillary outbuilding, (ii) new access and (iii) associated works (following demolition of 2no existing barns)

This application was referred to the Development Control Committee on the basis of the defined conflict with policy, nothing that, in order to progress as a delegated item, proposals otherwise needed to be ‘consistent’ with the provisions of the Development Plan.

As part of her presentation the Case Officer drew attention to the supplementary ‘late papers’ which had been issued following publication of the agenda and which set out the full wording of the recommended conditions.

The Senior Planning Officer explained that Members should note the conflict identified within the report, alongside the material considerations that Officers believed in this circumstance justified a recommendation of approval subject to conditions, as set out in the supplementary ‘late papers’.

The Committee were also advised that:

·         The Parish Council were in support of the scheme;

·         The significant weight that needed to be attributed to the ‘fallback position’ of the barn conversion via the prior approval process;

·         The enhancements to the setting of the listed building Willow Tree Farmhouse as a result of the development; and

·         The other recent developments in the locality, which were indicated on a map.

Councillor Peter Stevens (Ward Member: Cavendish) spoke in support of the application which he considered would enhance the area.  He therefore moved that the application be approved, as per the Officer recommendation.  This was duly seconded by Councillor John Burns.

Upon being put to the vote and with the vote being unanimous, it was resolved that

Decision

Planning permission be GRANTED subject to the following conditions:

1.   The development hereby permitted shall be begun not later than 3 years from the date of this permission

2.   The development hereby permitted shall not be carried out except in complete accordance with the details shown on the following approved plans and documents

3.   Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order amending, revoking or re-enacting that Order), the dwelling shall not be extended in any way, and no structures shall be erected within the curtilage of the dwelling

4.   Demolition or construction works shall not take place outside 08:00 hours to 18:00 hours Mondays to Fridays and 08:00 hours to 13:00 hours on Saturdays and at no time on Sundays, public holidays or bank holidays

5.   The acoustic insulation of the dwelling shall be such to ensure noise levels, with windows closed, do not exceed an LAeq (16hrs) of 35dB(A) within bedrooms and living rooms between the hours of 07:00 to 23:00, and an LAeq (8hrs) of 30dB(A) within bedrooms between the hours of 23:00 to 07:00

6.   The demolition of the barns shall not in any circumstances commence unless the Local Planning Authority has been provided with either:

i) A licence issued by Natural England pursuant to Regulation 53 of The Conservation of Habitats and Species Regulations 2010 authorizing the specified activity/development to go ahead; or

ii) A statement in writing from the relevant licensing body to the effect that it does not consider that the specified activity/development will require a licence.

7.   Details of any proposed external lighting on site shall be submitted to and approved in writing by the Local Planning Authority prior to its installation

8.   Site clearance, removal of hedgerows, trees, shrubs, other vegetation and habitats, or works to or demolition of buildings or structures that may be used by breeding birds or bats, shall be overseen on site by an ecological clerk of works, on-site ecologist or other appropriately competent person at the written approval from the Council. A site attendance record shall be maintained by the applicant which shall contain name and purpose of the visit and shall be available for inspection at 24 hours’ notice

9.   All ecological recommendations and precautionary measures contained in the following reports shall be implemented in full and retained where appropriate:

Biodiversity Assessment (primarily concerned with great crested newts) for Proposed Development of a Barn at Willow Tree Farm, app: DC/18/1376/FUL (7 August).

Bat & Bird Assessment (Including Dusk & Dawn Surveys) at: Willow Tree

Farm, Mill Road, Brockley, Hartest (August 2018)

as already submitted with the planning application and agreed in principle with the Local Planning Authority prior to determination.

10.Prior to occupation details of biodiversity enhancement measures to be installed at the site, including details of the timescale for installation, shall be submitted to and approved in writing by the Local Planning Authority. Any such measures as may be agreed shall be installed in accordance with the agreed timescales and thereafter retained as so installed. There shall be no occupation unless and until details of the biodiversity enhancement measures to be installed have been agreed in writing by the Local Planning Authority

11.The new vehicular access shall be laid out and completed in all respects in accordance with Drawing No DM01 and with a maximum entrance width of 4.5 metres and made available for use prior to occupation. It shall be retained thereafter in its approved form

12.Prior to first use of the development hereby permitted, the new access onto the site shall be properly surfaced with a bound impervious material for a minimum distance of 5 metres from the edge of the metalled carriageway, in accordance with details shown on plan no. 18/50/11

13.Before the access is first used, visibility splays shall be provided as shown on Drawing No. 18/50/05 with an X dimension of 2.4m and a Y dimension of 43m in each direction and thereafter be retained in the approved form.  Notwithstanding the provisions of Part 2, Class A of the Town and Country Planning (General Permitted Development) Order 2015 as amended (or any Order revoking and re-enacting that Order) no obstruction over 0.6 metres high shall be erected, constructed, planted or permitted to grow within the area of the visibility splays

14.Prior to first use of the development hereby permitted, the area(s) within the site shown on drawing No. 15/50/11 for the purpose of loading, unloading, manoeuvring and parking of vehicles has been provided.  Thereafter the area(s) shall be retained and used for no other purpose

15.The use shall not commence until the area within the site shown on Drawing No. 18/50/11 for the purposes of refuse and recycling bin storage has been provided and thereafter that area shall be retained and used for no other purposes.

16.The use shall not commence until the Aco-drain within the site shown on Drawing No. 15/50/11 for the purposes of preventing the discharge of surface water from the development onto the highway has been provided.

17.The dwelling hereby approved shall not be occupied until the optional requirement for water consumption (110 litres use per person per day) in part G of the Building Regulations has been complied with and evidence of compliance has been obtained.

18.  Prior to first occupation, all dwellings with off street parking shall be provided with an operational electric vehicle charge point at reasonably and practicably accessible locations, with an electric supply to the charge point capable of providing a 7kW charge.