Agenda item
Planning Application: 19/02729/FUL - New House Farm, Stowey Road, Fivehead.
Minutes:
Proposal: Alterations to 2 No. agricultural buildings with change of use to the buildings and land to D1 Non-residential institution use.
The Specialist (Development Control) presented the application as detailed in the agenda, and explained to members that as there had been a reduction in the number of parking spaces proposed that a Travel Plan was not required. He provided more detail regarding the key considerations and reminded members why the application had been deferred at the February meeting. Members were provided with two updates:
· the Ecologist had responded since the agenda had been published and had recommended three additional conditions for ecology, and these were detailed to members.
· There were some conflicts with conditions 7 and 11 as detailed in the report, regarding operating times. He recommended that condition 7 be removed and rely on condition 11 as per comments from Environmental Health.
Four members of the public spoke in objection to the application and some of their points included:
· Ask members to consider the impact on local residents and neighbours.
· Noise will have an adverse impact on neighbours and there will also be pollution from vehicle exhausts.
· There are a large number of local residents against this application.
· Government policy suggests development such as this should be avoided.
· Seen an unprecedented lobbying by a minority group for this change of use.
· A noise assessment has been done but it has errors.
· There are no plans for toilets or diesel storage.
· Proposal does not qualify for farm diversification.
· The applicant does not own the site and no viability assessment has been done.
· There are records that show this is an environmentally sensitive site.
· This is an ill-thought out proposal which breaches policies.
· No travel plan has been done as a new site plan was submitted with only 16 parking spaces, but the latest proposal now has the parking on species sensitive land.
· County Highways has not be consulted on some elements and some of the visibility splay is not within the applicant’s ownership.
The applicant and agent then addressed members in support of the application, and some of their points included:
· Aware of some mis-information about the proposal and business which had been posted online and in the village.
· Spraying records from previous years suggested that vulnerable plants species had probably already disappeared.
· It’s a small, family run business.
· This was part of a former county farm and the property now only extended to just over 8 acres and hence too small to farm.
· One building would be for machinery storage and the other for training.
· Study of the amount of expected traffic movements had led to the reduction in the number of required parking spaces.
· No objections on noise grounds had been raised by Environmental Health.
· No objections received from statutory consultees.
Ward member, Councillor Malcolm Cavill, noted the application was before committee for transparency partly because of his previous connection to the site. He reminded members of discussions at the previous meeting when the application had been considered. He noted he had remained impartial throughout the process, but having considered the application, he was in support of the officer recommendation.
During discussion mixed opinions were expressed and several points of clarity were asked. Some of the comments included:
· Share concerns raised about the reduction in car parking spaces.
· Would be happier if the operating times in condition 7 were kept and lose point 6 in condition 11.
· Concerned that the applicant does not own the visibility splay and was a condition being put on that could not be complied with?
· There doesn’t seem to be any measures in place for dust suppression.
· Feels like it will be a construction site next to residential. – except it wont go away.
· The reports requested at the last meeting have been submitted.
During debate the Specialist (Development Control) and Specialist (Environmental Health) responded to points of detail and provided some further clarification regarding:
· Noise dispersion and mitigation
· Could possibly condition further for dust suppression if felt necessary.
· Detail of the sale particluars for the site were not known and any issues regarding possible covenants would be a civil matter.
· The plans did not show any fuel storage at the site.
· Conditions for operations – following comments raised during debate - it was suggested to retain points 1-5 in condition 11, and that the existing point 6 in condition 11 (as detailed in the agenda report) be deleted, and what was currently showing as condition 7 be moved and made a new point 6 in condition 11.
· The Ecologist had recommended three additional conditions to those detailed in the agenda report.
At the conclusion of debate it was proposed to approve the application, as per the officer recommendation, subject to three additional conditions for ecology, and the moving of condition 7 (as detailed in the agenda report) to become the new point 6 of condition 11, as suggested during discussion. On being put to the vote the proposal was carried 7 votes in favour, 2 against with 1 abstention.
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RESOLVED: |
That planning application 19/02729/FUL be APPROVED, as per the officer recommendation, subject to three additional conditions for ecology and amended conditions regarding operations (for clarity the revised and agreed conditions are detailed below), and subject to the following:
Justification:
The proposal by reason of size, scale and materials, is acceptable as it respects the character of the site and its surroundings, and has no detrimental impact on local ecology, residential amenity or highway safety. As such, the proposed development is considered to accord with the aims and objectives of policies SD1, TA1, TA5, TA6, EQ2, EP5, SS3, EQ3 and EQ4 of the South Somerset Local Plan and the aims and objectives of the NPPF.
Subject to the following conditions:
01. 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.
02. The development hereby permitted shall be carried out in accordance with the following approved plans: All prefixed 200 01 - Existing site and block plan 02 - Site plan including topographical survey 03 - Proposed site plan 04 - Building 1 existing 05 - Building 2 existing 06 - Building 1 proposed 07 - Building 2 proposed 08 - Site visibility 09 - Stowey Lane to Stowey Road visibility splay
Noise management plan New House Farm - Oct 2019 Ecological Appraisal.
Reason: For the avoidance of doubt and in the interests of proper planning.
03. Prior to occupation of the development hereby permitted the proposed access over at least the first 6 metres of its length, as measured from the edge of the adjoining carriageway, shall be properly consolidated and surfaced (not loose stone or gravel) in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority. Once constructed the access shall thereafter be maintained in that condition at all times.
Reason: In the interests of highway safety and in accordance with Policy TA5 of the South Somerset District Local Plan.
04. The area allocated for parking on the submitted plan, drawing number 200-03, shall be kept clear of obstruction at all times and shall not be used other than for the parking of vehicles in connection with the development hereby permitted.
Reason: In the interests of highway safety and in accordance with Policy TA5 of the South Somerset District Local Plan.
05. At the proposed access there shall be no obstruction to visibility greater than 600 millimetres above adjoining road level within the visibility splays shown on the submitted plan, drawing No 200-08. Such visibility splays shall be constructed prior to the commencement of the development hereby permitted and shall thereafter be maintained at all times.
Reason: In the interests of highway safety and in accordance with Policy TA5 of the South Somerset District Local Plan.
06. Prior to the commencement of the change of use, the applicant shall, at their own expense, appoint a suitably qualified acoustic consultant with a remit to examine the premises / land and identify what measures, if any, may be necessary to ensure that: · Compliance with all other consent conditions relating to noise emitted from the site, is achievable and · Harm to amenity to noise sensitive receptors is unlikely to result. The consultant shall submit a written report to the Planning Authority which shall detail all measurements taken and results obtained, together with any sound reduction scheme recommended and the calculations and reasoning upon which any such scheme is based. Such a report is to be agreed, in writing, by the Planning Authority and the approved measures shall be implemented in their entirety prior to occupation / reoccupation and use of any part of the premises, unless an alternative period for completion is agreed in writing by the Local Planning Authority.
Reason: In the interests of the amenity of neighbouring residential properties and in accordance with Policies EQ2 and EQ7 of the South Somerset District Local Plan.
07. Prior to occupation, a "lighting design for bats", following Guidance note 8 - bats and artificial lighting (ILP and BCT 2018), shall be submitted to and approved in writing by the local planning authority. The design shall show how and where external lighting will be installed (including through the provision of technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory or having access to their resting places. All external lighting shall be installed in accordance with the specifications and locations set out in the design, and these shall be maintained thereafter in accordance with the design. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.
Reason: In the interests of biodiversity and in accordance with Policy EQ4 of the South Somerset District Local Plan.
08. No vegetation removal works around the site shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of any trees, shrubs and scrub and tall ruderal vegetation to be cleared for active birds' nests immediately before works proceed and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority.
Reason: In the interests of biodiversity and in accordance with Policy EQ4 of the South Somerset District Local Plan.
09. A Biodiversity Mitigation and Enhancement Plan (BMEP) shall be submitted to, and be approved in writing by, the Local Planning Authority prior commencement or prior to commencement of construction/conversion works. Photographs of the installed features will also be submitted to the Local Planning Authority prior to occupation: The content of the BMEP shall include the following: a. A 5 m buffer is to be installed around the hedges, e.g., using a stock proof fence, in the field used for construction machinery training, to reduce potential impacts on the hedges, in accordance with BS5837:2012 b. A [Beaumaris Woodstone maxi bat box] or similar will be mounted under the apex of the west elevations of each barn, and maintained thereafter. c. Two bat boxes (Schwegler 1FF) will be installed in mature trees at the boundaries of the site to enhance roosting opportunities. d. One no. Schwegler 1B and one no. Schwegler 2H bird boxes will be installed on retained trees at the boundary. e. Installation of 4 x artificial swallow nesting cups, or similar, to be erected on a main beam of the open side barn/agricultural buildings, at a height above 3m f. A wildlife pond will be installed in the south-east corner of the site with shallow margins and a range of plant species to encourage a wide diversity of wildlife on the site. As an additional option and suggestion a rough grassland margin could be allowed to develop around the other field in the south part of the site (not subject to the planning application), adjacent to hedges to provide habitat for invertebrates and reptiles.
Reason: In the interests of biodiversity and in accordance with Policy EQ4 of the South Somerset District Local Plan.
10. 1) Only two vehicles for the use of instructing students may be used at any time. This condition does not apply to vehicles used to transport students to and from the site. 2) Activities involving vehicles should not take place outside those modelled within the acoustic report. 3) Reversing alarms shall be deactivated for the purposes of training. 4) The silage clamp and earth banking shall be retained at the site. The silage bank shall be increased to height of 3m. 5) No machinery shall be operated within 160 metres of the nearest non-associated residential property. 6) Once in operation the site training hours involving the use of plant and equipment likely to generate high levels of noise shall be restricted to the hours of 09.00 to 16.30Hrs Monday to Friday and no works expected to occur on Saturdays and Sundays. Reason: In the interests of the amenity of the neighbouring residential properties and in accordance with Policy EQ2 of the South Somerset District Local Plan.
11. Hedgerows associated with or near to banks to be raised will be cut down in September and October in any one year when dormice are still active but avoiding the breeding and hibernation seasons. A licensed dormouse ecologist shall supervise the work checking the site for nests immediately before clearance and, if needed, during clearance. The hedgerow will be cut down to a height of 30cm above ground level using hand tools only. If an above-ground nest is found it shall be left in situ and a European protected species licence obtained. The results will be communicated to the Local Planning Authority by the licensed dormouse ecologist prior to banks being raised. If a European protected species licence is required a copy will be sent to the Local Planning Authority prior to any such works commencing.
Reason: In the interests of biodiversity and in accordance with Policy EQ4 of the South Somerset District Local Plan.
12. To confirm the presence of rare arable plants associated with cultivated and disturbed habitat, noted as being of conservation concern on Section 41 of the Natural Environment and Communities Act 2006, prior to development a botanical survey will be undertaken between late May / early June by an experienced Ecologist or Botanist. Result of the survey, including the presence of rare or threatened arable plants, will be submitted to the LPA. In the event that rare or threatened arable plants are found on site, a mitigation plan including proposals for plant retention/protection and/or translocation will be sent to the LPA.
Reason: In the interests of biodiversity and in accordance with Policy EQ4 of the South Somerset District Local Plan.
13. No works, including vegetative clearance and ground works, shall take place until there has been submitted to and approved in writing by the Local Planning Authority a detailed reptile mitigation strategy. The detailed reptile mitigation strategy shall include details of: a) the proposed construction working practices to avoid harming reptiles b) details of proposed Location, to accommodate any reptiles discovered during works c) the timing of works to minimise the impact on reptiles d) if required, details of the location and status of a translocation site The development shall thereafter be carried out in accordance with the approved mitigation strategy and shall be permanently retained in accordance with the approved details.
Reason: In the interests of biodiversity and in accordance with Policy EQ4 of the South Somerset District Local Plan. |
(7 in favour, 2 against and 1 abstention)
Supporting documents:
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