Agenda item

(Having earlier declared a Personal & Prejudicial Interest Councillor Pauline Lock left the room during consideration of this item).

(Applications 14/05095/FUL & 14/05096/LBC were presented together).

The Planning Officer presented the application as detailed in the agenda and with the aid of a power point presentation showed the site and proposed plans. 

He referred to the key considerations of the application:

·         Conversion of listed buildings to retain them for the future

·         Loss of farm buildings for the tenant

·         Ecology/protected species

·         Highways/ parking

·         Amenity

He also explained the concerns regarding the occupier/tenant of the farm of which he has a protected life tenancy under the Agricultural Holdings Act with the right of succession to further generations.

The Locum Planning Solicitor clarified to members that the tenancy agreement between the landlord and the tenant is a civil matter between the two parties.  It is not a material planning consideration that should be given any weight.  She advised that members should consider the principle of the use of the land and proposal and not the private rights of the tenant/occupier.

In conclusion the Planning Officer also referred to the comments made by other consultees including the District Council’s Landscape and Conservation Officer who considered the application to be acceptable.  He felt that after careful consideration the proposal would not have an adverse impact upon the current use of the buildings and therefore his recommendation was to approve the application for reasons as set out in the agenda report. 

In response to questions from members, the Locum Planning Solicitor and Planning Officer confirmed to members that:

·         the occupation of the tenant was not a material consideration and although the use of the barns and outbuildings could be considered material the tenancy rights were not.

·         the granting of planning permission would not change the tenancy agreement by any means

·         the granting of planning permission does not need the agreement of the tenant

·         clarified the location of the access track to the proposed site. Highways considered the existing and proposed traffic movements to and from the site and the visibility improvement to be acceptable

·         proposals could not have been carried out under permitted development as the farm is Grade II listed and the outbuildings are curtilage listed

Mr John Raymont, tenant of Stone Farm then addressed the committee.  He said he had been farming at Stone Farm for over 50 years and that although he had slowed down over the last few due to his older years it was still very much a viable farming business.  He explained how he now employed contractors to undertake field operations and that in recent years his crops had been stored off site but that was no longer the case and was again using the grain bins for storing the grain.  He explained that it was simply not the case that the buildings were redundant but well used for a busy livery business and the storage of grain and machinery for the working farm.  He said he had tried to reach a compromise with the landlord but with no result and concluded that should this application be approved it would leave the farm business virtually unviable as he would have no buildings from which to run his business.

Edward Dyke also spoke in objection to the application.  He explained the barns had been in use for over 20 years and was disappointed that the application did not include the demolition and replacement of agricultural buildings for the business to be able to continue.  He referred to the NPPF (National Planning Policy Framework) Para 28 which looked to encourage agricultural growth in rural areas. He also believed the approval of this application would wipe out this working farm, the buildings were currently in good condition and that both local Parish Councils wished to refuse the application.

Claire Alers-Hankey the agent for the applicant addressed the committee.  She felt the proposal would enhance the Listed Buildings and long term investment of the buildings.  She had been in ongoing discussions with the District Council’s Conservation Team, Landscape and Planning officers who all considered the application to be acceptable.  She reiterated that the tenancy agreement was not a material planning consideration and the applicant had kept the tenant up to date over the last few months with the current situation.   She believed that the buildings were not now being used to full potential and that the equestrian business did not have the appropriate planning permission.

During members’ discussion, several points were raised including the following:

·         concern over the loss of acres of Grade I agricultural land.

·         if outbuildings were lost this would prejudice the tenant farmer to trade.

·         appreciate the planning reasons for approval but the livelihood of the tenant farmer and his business was also of importance.

·         assurances should be made that if planning permission and listed building consent be granted the applicant in full consultation with SSDC will review the requirements for agricultural buildings on the site.

·         appreciated the tenant farmers concerns regarding the viability of his farming business, however the tenancy agreement was a civil matter and not a planning consideration

In response to members, the Planning Officer confirmed that should additional agricultural buildings be required these would be subject to planning permission.

There being no further debate, it was then proposed and seconded the officer’s recommendation to approve the application as set out in the agenda report with the addition of the following informative:

‘The applicant / agent is reminded that the Local Planning Authority are happy to engage in pre-application discussions regarding any new or re-sited agricultural buildings.’

On being put to the vote this was carried by 9 votes in favour, 1 against and 2 abstentions.

RESOLVED:

To Grant permission subject to the following conditions:

01.       The conversion of the barns accords with Local Plan Policy as amended to reflect the NPPF, the proposals do not have an adverse effect upon amenity or highway safety and the proposals subject to mitigation measures have an unacceptable impact upon protected species. As such the proposals comply with Policies ST5, ST6, EH7, EC8, EP5 and TP7 and the aims and objectives of the NPPF.

SUBJECT TO THE FOLLOWING:

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: amended drawing 213.74/001A received 15 December 2014 and amended drawings 213.74/002A, 213.74/009A, 213.74/010A, 213.74/011A, 213.74/012A, 213.74/013B, 213.74/014A, 213.74/015A and 213.74/016A received 21 January 2015.

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

03.       The barn conversions hereby approved shall not be occupied unless the buildings / structures to be demolished as detailed on drawings 213.74/001A and 213.74/002A have been demolished in their entirety and the land restored in accordance with a scheme submitted to and agreed in writing by the Local Planning Authority.

            Reason: In the interests of amenity in accordance with Policies ST5 and ST6 of the South Somerset Local Plan (adopted 2006).

04.       No works hereby approved shall be carried out on the new build until particulars of following have been submitted to and approved in writing by the Local Planning Authority;

            a.         details of materials (including the provision of samples where appropriate) to be used for the external walls and roofs;

            b.         details of the recessing, materials and finish (including the provision of samples where appropriate) to be used for all new windows (including any rooflights) and doors;

            c.         details of the rainwater goods and eaves and fascia details and treatment.

            On approved such details shall be fully implemented unless agreed otherwise in writing by the Local Planning Authority.

            Reason: To safeguard the character and appearance of the area in accordance with saved policies EH3, ST5 and ST6 of the South Somerset Local Plan (adopted 2006).

05.       No work shall be undertaken unless the following details have been submitted to and approved in writing by the Local Planning Authority. Such details once approved shall be adhered to unless the Local Planning Authority gives written agreement for any variation:

            a) Details of all boundary treatments including walls, fences and gates

            b) Details of the surface materials of the courtyard

            c) Details of all hardstanding, including the access tracks and boundaries including the natural stone boundary walls within the site and external treatments.

            Reason: To safeguard the character and appearance of the area in accordance with saved policies ST5, ST6 and EH3 of the South Somerset Local Plan (adopted 2006).

06.       The application site has a large line area, the extent of the residential garden area, hereby approved shall be limited to the green shaded area as shown on drawing 213.74/002A received 21 January 2015.

            Reason: In the interests of residential amenity in accordance with Policies ST5 and ST6 of the South Somerset Local Plan (adopted 2006).

07.       (i)     No works shall be undertaken unless, a landscaping scheme based upon drawing 213.74/002A, which shall include details of the species, siting and numbers to be planted, shall be submitted to and approved in writing by the Local Planning Authority.

            (ii)   The scheme shall be completely carried out within the first available planting season from the date of commencement of the development, or as otherwise extended with the agreement in writing of the Local Planning Authority.

            (iii)  For a period of five years after the completion of the planting scheme, the trees and shrubs shall be protected and maintained and any trees or shrubs that cease to grow shall be replaced by trees or shrubs of similar size and species, or the appropriate trees or shrubs as may be approved in writing by the Local Planning Authority.

            Reason: To ensure that the proposed development makes a satisfactory contribution to the preservation and enhancement of the local character and distinctiveness of the area in accordance with Policy ST5 of the South Somerset Local Plan (adopted 2006).

08.       No works shall be undertaken unless a scheme to deal with contamination of land, controlled waters and/or ground gas has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include all of the following measures, unless the Local Planning Authority dispenses with any such requirement specifically in writing:

            1. A Phase I site investigation report carried out by a competent person to include a desk study, site walkover, the production of a site conceptual model and a human health and environmental risk assessment, undertaken in accordance with BS 10175 : 2011 Investigation of Potentially Contaminated Sites - Code of Practice.

            2. A Phase II intrusive investigation report detailing all investigative works and sampling on site, together with the results of the analysis, undertaken in accordance with BS 10175:2011 Investigation of Potentially Contaminated Sites - Code of Practice. The report should include a detailed quantitative human health and environmental risk assessment.

            3. A remediation scheme detailing how the remediation will be undertaken, what methods will be used and what is to be achieved. A clear end point of the remediation should be stated, such as site contaminant levels or a risk management action, and how this will be validated. Any on going monitoring should also be outlined.

            4. If during the works contamination is encountered which has not previously been identified, then the additional contamination shall be fully assessed and an appropriate remediation scheme submitted to and approved in writing by the Local Planning Authority.

                        5. A validation report detailing the proposed remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved methodology. Details of any post-remedial sampling and analysis to show that the site has reached the required clean-up criteria shall be included, together with the necessary documentation detailing what waste materials have been removed from the site.

            Reason: To protect the health of future occupiers of the site from any possible effects of contaminated land, in accordance with Policy EP5 of the South Somerset Local Plan (adopted 2006).

09.       The works shall be implemented in accordance with the bat mitigation measures detailed in the  Conservation Action Statement (Appendix 4, Ecological Survey Report, Blackdown Environmental, Oct 2014) and roost provision for bats shall be provided in accordance with Figure 5 of the same report, as modified to meet the requirements of any 'European Protected Species Licence' issued by Natural England, unless otherwise approved in writing by the local planning authority.

            Each phase of the development shall not be occupied until confirmation, by a Natural England licenced bat consultant, that compensatory bat roosting features have been provided in accordance with the above, has been submitted to and approved in writing by the Local Planning Authority.

            Reason: For the conservation and protection of species of biodiversity importance in accordance with NPPF, and of legally protected species in accordance with Policy EC8 of the South Somerset Local Plan (adopted 2006), and to ensure compliance with the Wildlife and Countryside Act 1981 and The Habitats Regulations 2010.

10.       No works shall be undertaken unless a phasing plan for the following details has been submitted to and agreed in writing by the Local Planning Authority;

            a) works to the barns

            b) ecology works

            c) any road improvements

            d) landscaping

            e) Demolition of the modern barns / structures / removal of manege

            The development shall be carried out in accordance with the phasing plan unless otherwise agreed in writing by the Local Planning Authority.

            Reason: To ensure a well ordered approach is possible that respects the setting of the listed barns and protects residential amenity in accordance with Policies ST5, ST6, EC8, EH5 and EC3 of the South Somerset Local Plan (adopted 2006).

11.       Before the installation of any lighting, details shall be submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and no additional lighting shall be installed without the express grant of planning permission.

            Reason: In the interests of light pollution in accordance with Policy EP3 of the South Somerset Local Plan (adopted 2006).

12.       There shall be no obstruction to visibility greater than 900millimetres above adjoining road level in advance of a line drawn 2.4metres back from the carriageway edge on the centre line of the access and extending to a point on the nearside carriageway edge 43metres to the south of the access.  Such visibility shall be fully provided before works commence on the development hereby permitted and shall thereafter be maintained at all times.

            Reason: In the interests of highway safety in accordance with Policy ST5 of the South Somerset Local Plan (adopted 2006).

13.       Prior to occupation of the development hereby permitted the proposed access over at least the first 5 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 in accordance with Policy ST5 of the South Somerset Local Plan (adopted 2006).

14.       Provision shall be made within the site for the disposal of surface water so as to prevent its discharge onto the highway, details of which shall have been submitted to and approved in writing by the Local Planning Authority.

            Reason: In the interests of highway safety in accordance with Policy ST5 of the South Somerset Local Plan (adopted 2006).

15.       The area allocated for parking and turning on the submitted plan, Drawing No. 213.74/002A, shall be kept clear of obstruction and shall not be used other than for parking and turning of vehicles in connection with the development hereby permitted.

            Reason: In the interests of highway safety in accordance with Policies ST5 and TP7 of the South Somerset Local Plan (adopted 2006) and the guidance in the Somerset Parking Strategy.

Informatives:

01.       Before this development can commence, a European Protected Species Mitigation Licence (under The Conservation (Natural Habitats, &c.) Regulations 2010) will be required from Natural England.  You will need to liaise with your ecological consultant for advice and assistance on the application for this licence.  Natural England will normally only accept applications for such a licence after full planning permission has been granted and all relevant (protected species) conditions have been discharged.

02.       You are reminded that the barns are curtilage listed and planning permission would be required for alterations including the erection of extensions, flues, outbuildings, the formation of swimming pools and the siting of satelitte dishes. This list is not exhaustive and you are advised to contact the Local Planning Authority for guidance.

03.       The applicant / agent is reminded that the Local Planning Authority are happy to engage in pre-application discussions regarding any new or re-sited agricultural buildings.

(voting: 9 in favour, 1 against, 2 abstentions)