Agenda item

Report No: DEV/WS/24/006

Planning application - application to vary conditions 2 (approved plans), 4 (insulation details) and 6 (breeding bitch numbers) of DC/17/1652/FUL for the material change in the use of the land from paddock to the breeding and keeping of dogs comprising the following: (a) 2.1 metre high close boarded timber fence and concrete post; (b) car parking area; (c) 2no. dog kennels and (d) 1no. stable block as amended by plans received 15 November 2023

Planning application - application to vary conditions 2 (approved plans), 4 (insulation details) and 6 (breeding bitch numbers) of DC/17/1652/FUL for the material change in the use of the land from paddock to the breeding and keeping of dogs comprising the following: (a) 2.1 metre high close boarded timber fence and concrete post; (b) car parking area; (c) 2no. dog kennels and (d) 1no. stable block as amended by plans received 15 November 2023.

This application was presented before the Development Control Committee in December 2023, with a recommendation by officers for approval. The matter was deferred, for the completion of a ‘Risk Assessment’ report, with the Committee having resolved that it was ‘minded to refuse’ the application due to concerns about the noise implications of this proposal, and the consequential adverse effects upon amenity.

In accordance with the Council’s Decision Making Protocol, the Committee considered this report which provided a risk assessment of the ‘minded to refuse’ resolution.

This application was initially referred to the Development Control Committee following consideration by the Delegation Panel. Stanton Parish Council objected to the application, contrary to the officer recommendation for approval.

Further background details regarding the application could be found in Working Paper 1 attached to the report.

A member site visit had previously been undertaken in November 2023.

Speakers:    Councillor Jim Thorndyke (Ward Member: Stanton) spoke against the application

Charlie Taylor (applicant) spoke in support of the application

(Councillor Thorndyke was not present at the meeting in order to address the Committee, instead the Democratic Services Officer read out a pre-prepared statement on his behalf)

The Committee had previously expressed concerns regarding aspects of the operation of the site and although not material planning considerations but for members’ information, the Licensing team had undertaken an inspection of the premises in late 2023 and the site was considered to be meeting the terms of its dog breeding licence.

This led to a discussion regarding the making of referrals of non-material planning considerations to the appropriate body and The Chair outlined the reporting mechanism for this. It was agreed that a referral be made to the Licensing team as licensing authority for issuing dog breeding licences in West Suffolk in respect of raising the Committee’s concerns regarding the welfare of the dogs seen on site when the site visit was undertaken. 

Councillor Jon London then proposed that the application be approved, as per the officer recommendation, subject to the conditions set out in paragraph 40 of the report, together with making the referral outlined above to the licensing authority. This was duly seconded by Councillor Don Waldron.

A discussion was held on the planning merits of the application. Concern was expressed regarding the potential impact on the single-track lane that led to the site. Three car parking spaces had been allocated under the present planning permission; however, concern was raised that by increasing the number of breeding bitches from ten to 20, this would effectively be doubling the size of the business and whether this would result in an increase in traffic movements. The three parking spaces were felt to be an insufficient number to accommodate visitors. The Committee was informed that the Highways Authority had not objected to the application for 20 breeding bitches and it was not envisaged that the amount of visits to the site would be significant to cause detriment to the access road. There was scope to enable further parking on the premises if it was deemed necessary.   

The discussion turned to the reason for the Committee previously being ‘minded to refuse’ the application. Some concern remained regarding the potential adverse impacts upon amenity on nearby dwellings as a consequence of noise from the premises, which was largely considered to emanate from barking dogs.

The Public Health and Housing Officer had been satisfied that the noise implications arising from this application were satisfactory, subject to the installation of the required acoustic fence. It was noted that the previously approved acoustic fence had now been installed in accordance with the outstanding details required by the permission granted under DC/17/1652/FUL. The Public Health and Housing team had powers to address any potential adverse impacts caused to neighbouring properties as a result of noise disturbance. Soft landscaping within the site had also started to be planted.

Following further discussion, the motion for approval was then put to the vote and with 10 voting for the motion, 2 against and 3 abstentions, it was resolved that

Decision:

Planning permission be APPROVED, following a Risk Assessment report where the Committee had been ‘minded to refuse’ and 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 following approved plans and documents:

Reference No:               Plan Type                      Date Received

EP727-17-01 Rev A         Location Plan                   18.05.2023

EP727-17-02 REV C         Proposed Site Plan           15.11.2023

EP727-23-03 REV B         Proposed Elevations

& Floor Plans                   15.11.2023

EP727-17-04 REV A         Proposed Elevations &

Floor Plans                      15.11.2023

HA/AE338/V2                  Noise Impact Assessment 18.05.2023

Reason: To define the scope and extent of this permission.

2.       All planting comprised in the approved details of landscaping (Drawing Number EP727-17-02 Rev C) shall be carried out in the first planting season (March 2024) with evidence submitted to and acknowledged in writing by 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.

Reason:  To enhance the appearance of the development.

3.       All of the noise protection and mitigation works associated with the development as detailed in the Healthy Abode (HA) Acoustics Report ‘Noise Impact Assessment of Breeding Kennels Incorporating a 2.1 Metre Acoustic Barrier & Details on Sound Insulation to Support Discharge of Planning Consent Ref DC/17/1652/FUL, Condition 4’ (Reference HA/AE338/V2, Date 17 Match 2023) shall be completed and retained in their entirety in accordance with the approved details. There shall be no dogs on site unless all acoustic measures have been completed and retained in accordance with the agreed details. 

Reason: To protect the amenity of occupiers of adjacent properties from noise and disturbance, in accordance with policies DM2 and DM14 of the West Suffolk Joint Development Management Policies Document 2015, Chapter 15 of the National Planning Policy Framework and all relevant Core Strategy Policies.

4.       Notwithstanding the provisions of the Use Classes Order and the General Permitted Development Order 2015, the site shall be used for the purpose hereby approved, and for no other use.

Reason: In the interests of limiting the scope of this permission, in the interests of sustainable development.

5.       No more than a total of 20 breeding bitches shall be kept or kennelled on the site at any one time.

Reason: In the interests of limiting the scope of this permission, in the interests of sustainable development and residential amenity.

6.       The use hereby permitted shall only be undertaken by the owner and resident of the dwelling known as 'Doctor's Hall' as shown on the land edged in blue on drawing number EP727-17-01 Rev A.

Reason: Reason: In the interest of residential amenity in accordance with Policy DM2 of the Joint Development Management Policies Local Plan

7.       Within 6 months of the date of this approval, the completion of the works shall be verified on site by a specialist noise consultant and the Local Planning Authority shall be notified in writing of the completion and verification of the works. Thereafter the approved works shall be retained.

Reason: To protect the amenity of occupiers of adjacent properties from noise and disturbance, in accordance with policies DM2 and DM14 of the West Suffolk Joint Development Management Policies Document 2015, Chapter 15 of the National Planning Policy Framework and all relevant Core Strategy Policies.

8.       Within 4 months of the date of this approval, a Noise Management Plan shall be submitted to and approved in writing by the Local Planning Authority.  The Management Plan shall identify management practices to mitigate noise emanating from the development, and such practices shall be implemented in accordance with the approved plan at all times.

Reason: To protect the amenities of occupiers of properties in the locality, in accordance with policy DM2 of the West Suffolk Joint Development Management Policies Document 2015, Chapter 15 of the National Planning Policy Framework and all relevant Core Strategy Policies.

(At this point, the Chair adjourned the meeting for a short comfort break. The meeting resumed at 12.31pm.)