Agenda item

(This item was taken before Item 12 on the agenda)

The Area South Lead presented the application as detailed in the agenda and with the aid of a powerpoint presentation showed the site and proposed plans. 

She clarified the two main issues for consideration being the visual impact on the surrounding area and the impact the proposal would have upon the setting of the heritage asset. 

The Area South Lead referred members to the Landscape Officers’ comments who said the proposal would erode the local character and is located in an isolated area.  She also reported the Conservation Officers’ concerns who felt the current temporary form of the building would contrast with the more formal proposed building which would be harmful to the setting of the listed building and believed the siting of the polytunnel would harm the open setting of the burial ground.  She therefore concluded that for reasons set out in the agenda report the recommendation was to refuse the application.

In response to members’ questions the Area Lead South confirmed that:

·         The building is located on an open greenfield site some distance from the village.

·         The upkeep of the burial ground and its access is the responsibility of the owner and because it is listed the Council has a layer of protection to ensure its preservation.

·         There is no residential occupancy of the current building and therefore used in accordance with the uses of the land.

Helen Lazenby, the agent then addressed the committee.  She said the buildings were lawful and could be used for the foreseeable future however the applicant wished to increase the output and tidy up the overall site and building.  She said it was not practical to move elsewhere and that the building had been erected prior to the wall being listed.  She believed the proposal would enhance the visual appearance of the area and the resetting of the building away from the wall would allow for the exterior to be properly maintained.  She referred to Policy EQ3 of the Local plan stating that heritage assets should be conserved and enhanced where possible and that the surrounding fields also contained barns, stables and fencing and therefore this proposal would not be out of keeping.  She referred to the support of the Odcombe Parish Council and that there had been no local objections. 

Councillor Gina Seaton, Ward member believed the proposal would blend with the current landscape due to the numerous stables and equestrian buildings located nearby in the surrounding fields.  She believed this to be a sensible development, be in keeping with the area and should look to support this enterprise.  She noted support from Odcombe Parish Council and would therefore support the application.

Councillor Cathy Bakewell, Ward member believed the area would benefit from a tidy up and understood that the adjacent listed burial ground had not been used for a considerable time.  She felt the resetting of the building would improve the appearance of the wall and would not affect the burial ground in any way.  She also believed the surrounding area contained many equestrian buildings and that the polytunnels were not classed as a permanent structure.  She therefore felt the proposal would improve the site and would therefore support the application. 

During member’s discussion, varying comments were made including:

·         The resetting of the building would improve the appearance of the listed wall and allow for the exterior to be properly maintained.

·         Understood that polytunnels were classed as a temporary structure and can be removed at any time.

·         Appreciated the site is located in open countryside however believed the area to have numerous stables and equestrian buildings located nearby.  

·         Believed this proposal would tidy up the area and the potential improvement to the site benefit and conserve the setting of the heritage assets.

Following a short discussion it was then proposed and subsequently seconded to refuse the application as per the officer’s recommendation as set out in the agenda report.  On being put to the vote this was lost unanimously.

Following a further discussion it was then proposed and subsequently seconded to approve the application for reasons and with conditions as agreed by members as follows:

‘The proposals will conserve the setting of the heritage asset and in these exceptional circumstances will allow better access to the listed structure with limited disturbance to historic fabric thus providing benefit to outweigh the limited harm that will result.  Furthermore the proposals are considered to respect the character of the rural surroundings.’

With additional conditions to include:

·         No means of external illumination.

·         At no time shall be used for livery, as a riding school or for any other business purposes.

·         A landscaping scheme to be implemented.

Informatives to include:

·         Consideration of Potential Contamination of land.

·         Rights of way obstruction.

On being put to the vote this was carried unanimously.

RESOLVED:

That application 17/03894/FUL be approved for the following reasons:

The proposals will conserve the setting of the heritage asset and in these exceptional circumstances will allow better access to the listed structure with limited disturbance to historic fabric thus providing benefit to outweigh the limited harm that will result. Furthermore the proposals are considered to respect the character of the rural surroundings. The proposals are therefore in accordance with policies EQ2, EQ3 and EQ8 of the South Somerset Local Plan 2006-2028 and the aims and objectives of the NPPF.

And subject to the following conditions:

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To accord with the provisions of section 91(1) of the Town and Country Planning Act 1990.

2. The development hereby permitted shall be carried out in accordance with the following approved plans received 26 September 2017: Location Plan (1:2500), Block Plan (1:500), Proposed Stables Building (1:100) and Proposed Polytunnel (1:100).

Reason: For the avoidance of doubt and in the interests of proper planning.

3. No work shall be carried out to erect any walls or roofs unless particulars of the materials (including the provision of samples where appropriate) to be used for external walls and roofs have been submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of visual amenity and in accordance with policies EQ2 and EQ3 of the South Somerset Local Plan.

4.  No work shall be carried out to the listed wall unless details of any making good of the existing structure abutting the building to be demolished, have been submitted to and approved in writing by the Local Planning Authority. Such approved details, once carried out shall not be altered without the prior written consent of the Local Planning Authority

Reason: in the interests of the special architectural and historic interests of the listed building and in accordance with policy EQ3 of the South Somerset Local Plan 2006-2028.

5. At no time shall the stables or associated land be used for livery, as a riding school or for any other business purposes.

Reason: To protect the amenity of the locality in accordance with Policy EQ2 of the South Somerset Local Plan 2006-2028.

6.  No means of external illumination shall be installed on any part of the buildings/structures hereby approved without the prior written consent of the Local Planning Authority. Any details that may be agreed shall not be subsequently altered unless the Local Planning Authority gives its written consent to any variation.

Reason: In the interests of residential and visual amenity and to comply with policy EQ2 of the South Somerset Local Plan (2006-2028).

7. No later than within the first planting season following first use of any of the structures hereby approved, a landscaping scheme shall be carried out and completed in accordance with details that shall have been submitted to and approved in writing by the Local Planning Authority. Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason: In the interests of visual amenity to accord with policy EQ2 of the South Somerset Local Plan (2006-2028).

Informatives

1. The application site is within 250 metres of a suspected landfill site. The applicant/developers attention is drawn to the fact that there is the potential for production and migration of landfill gas. You are reminded that the responsibility for safe development rests with the owner and/or developer. Accordingly, the applicant/developer is advised to seek independent expert advice regarding the possibility of the presence, or future presence, of gas and whether any precautionary measures are necessary. The Council’s Environmental Health service will make available to you, free of charge, any information or data that it has in relation to the land to which the application applies. For further information please contact Tim Cox 01935 462526.

2. The Rights of Way Officer, Somerset County Council (SCC) advises:

Any proposed works must not encroach on to the width of the Public Right of Way (PROW).

The health and safety of the public using the PROW must be taken into consideration during works to carry out the proposed development. SCC has maintenance responsibilities for the surface of a PROW, but only to a standard suitable for the public use. SCC will not be responsible for putting right any damage occurring to the surface of a PROW resulting from vehicular use during or after works to carry out the proposal. It should be noted that it is an offence to drive a vehicle along a public footpath, public bridleway or restricted byway unless the driver has lawful authority (private rights) to do so.

If it is considered that the development would result in any of the outcomes listed below, then authorisation for these works must be sought from SCC Rights of Way Group:

• A PROW made less convenient for continued public use.
• New furniture being needed along a PROW.
• Changes to the surface of a PROW being needed.
• Changes to the existing drainage arrangements associated with the PROW.

If the work involved in carry out this proposed development would:

• make a PROW less convenient for continued public use; or
• create a hazard to users of a PROW,

then a temporary closure order will be necessary and a suitable alternative route must be provided. For more information, please visit SCC Rights of Way pages to apply for a temporary closure: http://www.somerset.gov.uk/environment-and-planning/rights-of-way/apply-for-a-temporary-closure-of-a-right-of-way/

(voting: unanimous)