Agenda item

Report No: DEV/WS/19/022

Planning Application - Provision of 1 no. agricultural worker's dwelling including conversion of existing single storey outbuilding (following demolition of existing pole barn and shed); change of use of agricultural land to garden.  As amended by plans received on 6th and 20th December 2018

Planning Application - Provision of 1 no. agricultural worker's dwelling including conversion of existing single storey outbuilding (following demolition of existing pole barn and shed); change of use of agricultural land to garden.  As amended by plans received on 6th and 20th December 2018

This application was originally referred to the Development Control Committee in August 2019, alongside its related Listed Building Consent application, following consideration by the Delegation Panel. 

At the meeting in August Members resolved to grant Listed Building Consent and were also minded to approve planning permission, which was contrary to the Officer recommendation of refusal.

Accordingly, Officers had produced a Risk Assessment report for consideration by the Committee together with a detailed application appraisal from the Council’s appointed countryside consultants Kernon.

A Member site visit was held prior to the August meeting.

Officers were continuing to recommend refusal for the reason set out in Paragraph 29 of Report No DEV/WS/19/022.

However, if Members continued to be minded to grant planning permission Officers had included a list of conditions at Paragraph 28.  Specific attention was drawn to Condition 2; Officers had concerns that the applicant would be unable to comply with this condition, hence, their recommendation to refuse the application.

Speakers:    Councillor Carol Bull (Ward Member: Barningham) spoke on the application on behalf of the applicants

                   Paul Nunn (applicant) spoke in support of the application

During the debate Councillor Bull spoke in support of the application and highlighted that granting approval would protect and enhance the countryside and rural economy; and a number of other Members equally shared this view.

Councillor Andy Drummond proposed that the application be approved, contrary to the Officer recommendation of refusal, and this was duly seconded by Councillor John Burns.

Upon being put to the vote and with 11 voting for the motion and with 5 against, it was resolved that

Decision

Planning permission be GRANTED, CONTRARY TO THE OFFICER RECOMMENDATION OF REFUSAL, 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 occupation of the dwelling hereby permitted shall be limited to a person solely or mainly employed, or last employed, in the locality in agriculture as defined in Section 336(1) of the Town and Country Planning Act 1990, or in forestry or a dependent of such person residing with him or her, or a widow or widower of such a person.

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

4.   No development above ground level shall take place until a scheme of soft landscaping for the site drawn to a scale of not less than 1:200, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include accurate indications of the position, species, girth, canopy spread and height of all existing trees and hedgerows on and adjacent to the site and details of any to be retained, together with measures for their protection during the course of development. Any retained trees removed, dying or becoming seriously damaged or diseased within five years of commencement 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.

5.   No development above ground level shall take place until details of the treatment of the boundaries of the site have been submitted to and approved in writing by the Local Planning Authority. The details shall specify the siting, design, height and materials of the screen walls/fences to be constructed or erected and/or the species, spacing and height of hedging to be retained and / or planted together with a programme of implementation. Any planting removed, dying, being severely damaged or becoming seriously diseased within five years of planting shall be replaced by soft landscaping of similar size and species to those originally required to be planted.  The works shall be completed prior to first use/occupation in accordance with the approved details.

6.   All planting comprised in the approved details of landscaping shall be carried out in the first planting season following the commencement of the development (or within such extended period as may first be agreed in writing with the Local Planning Authority). Any planting removed, dying or becoming seriously damaged or diseased within five years of planting 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.

7.   All ecological measures and/or works shall be carried out in accordance with the details contained in the Preliminary Ecological Appraisal as already submitted with the planning application and agreed in principle with the Local Planning Authority prior to determination.

8.   The dwelling shall not be occupied until the areas within the site shown on drawing no. 5642 101A for the purposes of manoeuvring and parking of vehicles has been provided and thereafter those areas shall be retained and used for no other purposes.

9.   Prior to the dwelling hereby permitted being first occupied, the vehicular access onto the highway shall be properly surfaced with a bound material for a minimum distance of 5 metres from the edge of the metalled carriageway, in accordance with details previously submitted to and approved in writing by the local planning authority.

10.The mitigation measures outlined in the Flood Risk Assessment shall be implemented in full prior to the first occupation of the dwelling unless otherwise agreed by the local planning authority.

11.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.

12.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.