Agenda item

Report No: DEV/FH/19/006

Planning Application - (i) Change of use from Stud to Thoroughbred Race Horse Services and Stud (ii) Pony show jumping & training (iii) extension to existing menage, (iv) 6no lighting columns and (v) new access and track (Part Retrospective)

(Councillor Andrew Appleby declared a non-pecuniary interest in this item as he was very familiar with the applicant.  He advised that he would remain in the meeting but would not take part in the debate and would abstain from the voting thereon.

Councillor Simon Cole also declared a non-pecuniary interest in this item as he was acquainted with both the applicant and the public objectors.  He advised that he would remain in the meeting but would not take part in the debate and would abstain from the voting thereon.)

Planning Application - (i) Change of use from Stud to Thoroughbred Race Horse Services and Stud (ii) Pony show jumping & training (iii) extension to existing ménage, (iv) 6no lighting columns and (v) new access and track (Part Retrospective)

This application was referred to the Development Control Committee as it was defined as being a major development owing to the site area of 4.4 hectares and in light of Exning Parish Council having raised objections to the proposal.

A Member site visit was held prior to the meeting.  Officers were recommending that the application be approved, subject to conditions as set out in Paragraph 109 of Report No DEV/FH/19/006.

The Senior Planning Officer, as part of his presentation, drew attention to the late papers which had been published supplementary to the agenda and which set out amendments to two conditions (Nos 6 and 8) and listed an additional condition for inclusion in the recommendation. 

The Case Officer also drew attention to Paragraphs 18 – 20 which explained that the application fell within the boundary of Exning Parish, following the Community Governance Review undertaken in 2017.

Speaker:      Councillor Andy Drummond (Newmarket Town Council) spoke in support of the application

Councillor David Bowman proposed that the application be approved, as per the Officer recommendation and inclusive of the amendments to conditions as outlined in the late papers.   This was duly seconded by Councillor Ruth Bowman.

Councillor Simon Cole requested that a recorded vote be taken and this was supported by four other Members.

Upon being put to the vote, Members voted as follows:

With 12 voting for the motion and with 2 abstentions, it was resolved that

Decision

Planning permission be GRANTED subject to the following conditions:

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

2        Within 3 months from the date of this permission, a scheme of soft landscaping for the site drawn to a scale of not less than 1:200, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include accurate indications of the proposed position, species, & canopy spread of all retained trees and all proposed planting, with a minimum of at least two new trees to be planted. Any retained trees removed, dying or becoming seriously damaged or diseased within five years of this permission shall be replaced within the first available planting season thereafter with planting of similar size and species unless the Local Planning Authority gives written consent for any variation.  The works shall be completed in accordance with the approved plans and in accordance with a timetable to be agreed with the Local Planning Authority.

3        The development shall be carried out in complete accordance with the Tree Protection Plan as per appendix 5 and appendix 6 of the submitted Arboricultural Impact Assessment (Ref: P3055.4.0, dated 30 November 2018).

4        No other part of the development hereby approved shall be commenced until the new vehicular access has been laid out and completed in accordance with SCC Drawing No DM04 and has been made available for use. Thereafter the access shall be retained in the specified form.

5        Before the new access onto Exning Road (The B1103) is first used visibility splays shall be provided as shown on Drawing No. 1907/11 REV F with an X dimension of 4.5m and a Y dimension of 120m in both directions and thereafter retained in the specified form. Notwithstanding the provisions of Part 2 Class A of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no obstruction over 0.6 metres high shall be erected, constructed, planted or permitted to grow within the areas of the visibility splays. This would include the removal and/or pruning of trees in the visibility splay.

6        Before the new access onto Exning Road (the B1103) is first used and within one month from the date of this planning permission, details shall be submitted and approved in writing by the Local Planning Authority showing that the access is to be properly surfaced with a bound material for a minimum distance of 20 metres from the edge of the metalled carriageway.  The access shall be carried out in complete accordance with the approved details.

7        Gates shall be set back a minimum distance of 20 metres from the edge of the carriageway.

8        Before the new access onto Exning Road (the B1103) is first used, within one month from the date of this planning permission, details shall be submitted to and approved in writing by the Local Planning Authority showing the means to prevent the discharge of surface water from the development onto the highway. The approved scheme shall be carried out in its entirety before the access is first used and shall be retained thereafter in its approved form.

9        Within 3 months from the date of this permission, details shall be submitted to and approved in writing by the Local Planning Authority showing the location and wording of signs related to preventing the use of the existing access between Orchard Loge and Rose Cottage, by HGV and horse boxes over 2.6m in height and 2.2m in width.

10      The upper limit of the main beams of the proposed menage, taken as 1/10th of the peak intensity level of any floodlight, shall not be greater than 70 degrees from the downward vertical.

11      The six telescopic flood lights as approved and shown on drawing 1907/10 REV E shall only be used between the hours of 7am - 9pm. At all other times the lights shall not be used or switched on.

12      Upon completion of the new vehicular access onto Exning Road (the B1103) and the associated track, the vehicle height restrictor as depicted in drawing 1907/10 REV E shall be installed and thereafter the existing access between Rose Cottage Orchard Lodge shall not be used by vehicles exceeding 2.6m in height.

          The height restrictor shall be retained as illustrated on 1907/10 REV E and shall only be removed with the prior written agreement of the Local Planning Authority.

13      The development shall be carried out in full accordance with all mitigation measures, as contained within section 5 of the Ecological Impact Assessment (Ref: P3055.5.0 & dated 23 November 2018).

14      Within 6 months from the date of this permission, details of: Three Schwegler 1B General Purpose Bird Boxes, Two Schwegler 1SP Sparrow Terraces and one Schwegler IFF / 2F Bat Box, 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.

15      Within six months from the date of this planning permission, the new access onto Exning Road (the B1103) shall be installed as per the approved drawings referred to in condition 1 of this permission and the details that shall have been previously approved pursuant to conditions 6 and 8 of this planning permission.