Agenda item

(i)  DC/16/1589/VAR – Variation of Condition 2 of DC/15/1753/FUL, retention of modification and change of use of former agricultural building to storage (Class B8), to enable amendment to opening hours, as amended by revised wording in planning statement  21 July 2016, at Building C ;

(ii) DC/16/1590/VAR – Variation of Condition 2 of DC/15/1754/FUL, retention of modification and change of use of former agricultural building to storage (Class B8), to enable amendment to opening hours, as amended by revised wording of planning statement 21 July 2016, at

Building D; and

(iii) DC/16/1591/VAR – Variation of Condition 2 of DC/15/1759/FUL,

retention of change of use of former agricultural storage to use for open storage (Class B8) for caravans and motor homes (10 maximum), horse boxes (5 maximum) and containers (20 maximum) to enable amendment to opening hours at Area H

at Lark’s Pool Farm, Mill Road, Fornham St. Genevieve for C J Volkert Ltd.

Report   DEV/SE/16/75

(i)  DC/16/1589/VAR – Variation of Condition 2 of DC/15/1573/FUL, retention of modification and change of use of former agricultural building to storage (Class B8), to enable amendment to opening hours, as amended by wording in planning statement of 21 July 2016, at Building C ;

(ii)  DC/16/1590/VAR – Variation of Condition 2 of DC/15/1754/FUL, retention of modification and change of use of former agricultural building to storage (Class B8), to enable amendment to opening hours, as amended by wording in planning statement of 21 July 2016, at Building D ; and

(iii) DC/16/1591/VAR – Variation of Condition 2 of DC/15/1759/FUL, retention of change of use from former agricultural storage to use for open storage (Class B8) for caravans and motor homes (10 maximum), horse boxes (5 maximum) and containers (20 maximum) to enable amendment to opening hours at Area H

at Lark’s Pool Farm, Mill Road, Fornham St. Genevieve for C J Volkert Ltd.

(Councillor Robert Everitt declared a non-pecuniary interest because he was an acquaintance of the applicant and remained present within the meeting but did not vote)

The following persons spoke on the applications :

(a)     Objectors          -    Colin Hilder and  Mrs Jenny Bradin, Ramblers’

                                       Association representative

(b)     Parish Council   -     Councillor Michael Collier

(c)     Applicant          -     Leslie Short, agent

A Member referred to paragraphs 11 and 12 of the report and sought clarification as to what the views of Suffolk County Council, Rights of Way Section,  were as  two separate sets of comments had been submitted which were in conflict with one another. Officers advised that the views reported in Paragraph 11 had been submitted in error and had subsequently been withdrawn and that the Rights of Way Section was objecting to the applications for the reasons put forward in Paragraph 12.

In discussing the proposals Members acknowledged that there were conflicting considerations relating to the use of Mill Lane to be taken into account in determining the applications. On the one hand this roadway was the only means of access/egress for vehicular traffic using the business/commercial areas within Lark’s Pool Farm and whilst the use of the lane by such traffic was  already restricted by conditions attached to the permissions granted in May 2016 there was a factor to be taken into account in relation to the promotion  of economic prosperity locally by the relaxation of  the conditions to permit more extensive use of the three sites involved. Conversely, there were considerations to be borne in mind that the lane was widely used for leisure purposes in connection with the well established local footpath network of the Lark Valley Path and St. Edmunds Way and that the roadway was narrow and without footways to provide safe passage along it by walkers or horse riders. The Committee noted that the proposals sought to vary the current conditions to allow greater use of the three business/commercial units at weekends and Public Holidays which were days when there was greater use of Mill Lane as a leisure facility and was of the view that the latter-mentioned consideration outweighed any others.

Decision

Applications DC/16/1589/VAR, DC/16/1590/VAR and DC/1591/VAR be refused for the following reason :

Policy DM2 of the Joint Development Management Policies Local Plan requires that proposals for all development should, as appropriate, not affect adversely the amenities of adjacent areas, not least by reason of volume or type of vehicular activity generated. The applications to vary Condition 2 of DC/15/1589, 90 and 91/VAR by extending the hours of access to Building C, Building D and Area H by three hours in the evening (to 21.00) on Monday to Friday, five hours (to 18.00) on a Saturday and an additional 10 hours (08.00 to 18.00) on a Sunday and Public Holidays would give rise to an adverse impact on the amenity currently enjoyed by users of the adjacent Lark Valley Path. The presence of vehicles serving these uses, and associated on-site activities, at time when pedestrians and other path users might otherwise reasonably expect to be enjoying the tranquillity of the nearby footpath route is considered to adversely affect the enjoyment of users of the recreational route. This impact is exacerbated significantly by the fact that the extended hours sought are at precisely the times when recreational demand for the footpath will be at its highest.

As such, this proposal is considered to conflict with the provisions of Policy DM2 of the Forest Heath and St. Edmundsbury Local Plan Joint Development Management Policies Document (February 2015) and the National Planning Policy Framework which seek to create a high quality environment and which at Paragraph 17 of the last-mentioned document seeks to protect amenity.