Agenda item

Report No: DEV/WS/19/028

Planning Application - (i) Conversion of two existing barns into holiday accommodation, (ii) a new-build timber framed treehouse venue space (iii) associated low impact 'no-dig' vehicle access and car parking and (iv) associated landscaping

Planning Application - (i) Conversion of two existing barns into holiday accommodation, (ii) a new-build timber framed treehouse venue space (iii) associated low impact 'no-dig' vehicle access and car parking and (iv) associated landscaping

This application was originally referred to the Development Control Committee on 4 September 2019 by the previous (St Edmundsbury Borough Council) Ward Member Councillor Jane Midwood and in light of the objection received from Cowlinge Parish Council.

A Member site visit took place prior to the September Committee meeting, however, the application was subsequently withdrawn from the agenda in order to clarify certain matters which had now been addressed in the report before Members.

Officers were continuing to recommend that the application be approved, subject to conditions as set out in Paragraph 78 of Report No DEV/WS/19/028.

The Senior Planning Officer advised Members of the following updates:

·         Attention was drawn to the supplementary ‘late papers’ which had been issued following publication of the agenda, the Officer highlighted that the application number had been incorrectly listed on the late paper and apologised for this error;

·         Since the late papers were issued a further three public representations had been received in objection to the application.  They raised concerns primarily relating to noise, location, policy and traffic, as largely made reference to by other objectors;

·         Condition 4 required re-wording in order to clarify the limitations in respect of the frequency of weddings and other events; and

·         Suffolk County Council Highways had submitted a further response to the Planning Authority which explained that, according to their records, there was no particular pattern to any road traffic incidents that had taken place in the vicinity.  They also clarified that the most recent fatality in the area was as a result of a DUI.

As part of his presentation to the Committee the Officer provided detail on the noise monitoring that had taken place and was set out in the report.  He also explained at length how noise limiters operated in respect of a venue’s sound system.  Members were also reminded that the law allowed up to 28 events per year to be held without planning permission.

Lastly, attention was drawn to the transport statement provided by the agent which concluded that the proposed use of the site would generate significantly fewer trips than the site’s most recent occupiers (scaffolding firm).  In addition, Suffolk County Council Highways had stated that they considered that the application would not have a severe impact on the highways network and endorsed the condition in respect of the requested Travel Plan.

Speakers:    Paul Cole (neighbouring objector, also speaking on behalf of a number of fellow objecting residents) spoke against the application

                   Gemma Bailey (applicant) spoke in support of the application

Considerable discussion took place by the Committee.  In response to which the Officer clarified that if the application was granted by the Committee the scaffolding business would be unable to operate on the site as the scheme before Members concerned the same building.

Councillor Jim Thorndyke raised concern that the treehouse building’s floor could generate noise due to its elevated nature.  The Officer explained that details of the materials to be used were required by condition.

Councillor Thorndyke also queried condition No 10 and asked if this could be reworded in order to clarify the nature of the music that could be played externally prior to 8pm.  The Service Manager (Planning – Development) agreed to refine the wording accordingly. 

Councillor Roger Dicker spoke in support of the application and moved that that it be approved as per the Officer recommendation and subject to the amendments to conditions Nos 4 and 10.  This was duly seconded by Councillor Don Waldron.

Upon being put to the vote and with 14 voting for the motion, 1 against and with 1 abstention 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 approved plans and documents.

3.       The development hereby permitted shall be constructed entirely of the materials detailed within the application hereby approved.

4.       The use of the site and venue space for events shall be limited to the following:

- Weddings / wedding receptions (maximum 1 per week (Sunday to Saturday inclusive, but never on consecutive days), and up to a maximum of 30 per year,                 

- Other Events (to be a maximum of two 'other events' per week in total - Sunday to Saturday inclusive).

Educational events;

Workshops and demonstrations;

Art and craft exhibitions;

Cookery and local produce events

Corporate employee events (team building etc);

Fundraising events; and

Dinners and 'pop-up' food events.

The use of the site and venue space for weddings and events shall be limited to between the following times:

Monday to Friday - 9am until 12 midnight, Saturday - 10am until 12 midnight, Sunday and Bank Holidays - 10am until 8pm;

On commencement of the use hereby permitted, the owners/operators of the venue shall keep at all times an up-to-date Register of all events which shall include the name and address of the person, organisation or party occupying the venue during each individual booking. The Register shall be made available for inspection on demand by the Local Planning Authority.

5.       No above ground development shall take place until details of the areas to be provided for the loading, unloading, manoeuvring, parking of vehicles, including secure cycle storage, refuse storage and details of the ‘no-dig’ foundation service road will allow deliveries to and from the treehouse, have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out in its entirety before the development is brought into use and shall be retained thereafter and used for no other purpose.

6.       Before the first operation of the development hereby approved, a Travel Plan, shall be submitted to and approved by the Local Planning Authority. The approved Travel Plan shall detail incentives for encouraging access to the site by modes other than the car and shall be implemented in all respects following the commencement of the operation of the use hereby approved.

7.       Prior to first operational use of the site, at least 5% of car parking spaces for the events venue and one car parking space associated with each barn for holiday let shall be equipped with working electric vehicle charge points, which shall be provided for staff and/or visitor use at locations reasonably accessible from car parking spaces.  The Electric Vehicle Charge Points shall be retained thereafter and maintained in an operational condition.

8.       Prior to commencement of development an arboricultural method statement and scheme for the protection during construction of the trees on the site, in accordance with BS 5837:2012 - Trees in relation to construction - Recommendations, shall be submitted to and approved in writing by the Local Planning Authority.  The scheme shall show the extent of root protection areas and details of ground protection measures and fencing to be erected around the trees, including the type and position of these. The protective measures contained with the scheme shall be implemented prior to commencement of any development, site works or clearance in accordance with the approved details, and shall be maintained and retained until the development is completed.  Within the root protection areas the existing ground level shall be neither raised nor lowered and no materials, temporary buildings, plant, machinery or surplus soil shall be placed or stored thereon.  If any trenches for services are required within the fenced areas they shall be excavated and backfilled by hand and any tree roots encountered with a diameter of 25mm or more shall be left unsevered.

9.       The use of the site as a wedding/events venue shall not commence until full details of a scheme of sound attenuation has been submitted to and approved in writing by the Local Planning Authority. The scheme shall take into account noise from the playing of any amplified live or recorded music and speech and all external plant or equipment including all heating installations, air conditioning or handling plant and extract ventilation systems. Thereafter, the approved works shall be carried out in their entirety and retained and maintained to the satisfaction of the Local Planning Authority.

10.     No amplified music or speech shall be played / spoken at any time outside of the tree house venue building, in the garden areas or in any externally sited marques, and no music at all shall be played or performed outside after 20:00 on any day.

11.     No development above ground level shall take place until details of a hard landscaping scheme for the site have been submitted to and approved in writing by the Local Planning Authority. These details shall include proposed finished levels and contours showing earthworks and mounding; surfacing materials; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulations areas; hard surfacing materials; minor artefacts and structures (for example furniture, play equipment, refuse and/or other storage units, signs, lighting and similar features); proposed and existing functional services above and below ground (for example drainage, power, communications cables and pipelines, indicating lines, manholes, supports and other technical features); retained historic landscape features and proposals for restoration where relevant. The scheme shall be implemented prior to the occupation of any part of the development (or within such extended period as may first be agreed in writing with the Local Planning Authority).

12.     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 soft landscaping details shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants noting species, plant sizes and proposed numbers/ densities. The approved scheme of soft landscaping works shall be implemented not later than the first planting season following 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. 

13.     The holiday let units hereby permitted shall be occupied only as holiday letting accommodation and for no other purpose (including any other purpose in Class C3 of the Schedule to the Town and Country Planning Use Classes Order 1987 as amended or in any provision equivalent to that class in any statutory instrument revoking and re-enacting that Order). Pond Barn and Long Barn shall not be occupied as a person's sole or main place of residence. Each letting as holiday accommodation shall not exceed a period of 3 weeks nor shall the unit be let or occupied to any one individual or party for a period exceeding 4 weeks in total within any 12 month period. On commencement of the holiday let use hereby permitted, the owners/operators of the holiday let unit shall keep at all times an up-to-date Register of all lettings which shall include the name and address of the person or party occupying the accommodation during each individual letting. The Register shall be made available for inspection on demand by the Local Planning Authority.

14.     The development shall take place in strict accordance with the details, conclusions and recommendations contained within the Practical Ecology Preliminary Ecological Appraisal Report (V2, July 2018), including, where set out below, submitting to and agreeing in writing with the Local Planning Authority, the following matters:

          A)      A site clearance method statement as recommended shall be      submitted to and approved by the Local Planning Authority.

B)      An Edna newt test is to be carried out as soon as possible on Ponds 1, 2 and 4 to determine the presence/absence of this species on the site and to inform an appropriate mitigation strategy if required details of which shall be submitted to the Local Planning Authority.

C)      3 swallow nest cups to be installed on either the newly converted barns or the existing farm buildings. Installation be on the northern aspect of the building, at a height of at least 5m details of which shall be submitted to and approved by the Local Planning Authority pursuant to the recommendations of section 3.8.4.4

D)      For every 2 trees felled on the site, 1 small passerine bird box must be placed on a retained tree in the broadleaf woodland or in the parkland details of which shall be submitted to and approved by the Local Planning Authority pursuant to the recommendations of section 3.7.4.

E)      1 x kestrel box to be installed on a retained mature tree in the parkland habitat; and 1 x barn owl box to be installed on the margin of the woodland details of which shall be submitted to and approved by the Local Planning Authority pursuant to the recommendations of section 3.7.4.

F)      A Woodland management plan shall be submitted to and approved by the Local Planning Authority pursuant to the recommendations of section 4.1.1.1 and plan no. PEL-TH-Q2-0319.

G)      A pond enhancement plan for ponds one and two shall be submitted to and approved by the Local Planning Authority pursuant to the recommendations of section 4.1.1.1 and plan no. PEL-TH-Q2-0319.

H)      A mixed woodland management plan to include details of tree planting and retention of standing deadwood shall be submitted to and approved by the Local Planning Authority pursuant to the recommendations of section 4.1.1.1 and plan no. PEL-TH-Q2-0319.

I)       A semi-natural woodland to improve the condition of the semi-natural woodland from ‘moderate’ to ‘good’. This will include the removal of common snowberry and common rhododendron and the retention of standing deadwood and plan no. PEL-TH-Q2-0319.

J)       A parkland management plan shall be submitted to and approved by the Local Planning Authority pursuant to the recommendations of section 4.1.1.1 and plan no. PEL-TH-Q2-0319

K)      The recommendations with regard to the bat mitigation shall be complied with in full and any details as the result of surveys shall be submitted to the Local Planning Authority pursuant to the recommendations of section 4.1.1.1 3.44

Any matters as agreed and / or required pursuant to this condition shall be implemented during construction (as appropriate) or otherwise installed in accordance with timescales which shall also have been submitted to and agreed in writing by the Local Planning Authority, and shall thereafter be retained as so installed. There shall be no use of the building hereby permitted unless and until details of the biodiversity enhancement measures to be installed have been agreed in writing by the Local Planning Authority and thereafter installed.

(Following the conclusion of this item Councillor Andy Drummond left the meeting at 12.30pm.)