Agenda item

Application Proposal: Change of use of field no.5176 from agriculture to mixed use of land for agriculture and keeping of game birds and construction of access track

The Planning Officer presented his report to the Committee. He informed members that since writing the report, a further letter of objection had been received which raised concern over the height of the pens and concern that there were conflicting highway and staff details contained in the application form and highway statement.

He further advised that he had received some late plans from the applicant which detailed the sizes of the pens and their positioning on the site.

He informed members that should this application be approved, he suggested that conditions 2, 3 and 6 be amended to include the additional plan numbers which had been received on 31^st October and to include the words ‘with units no more than 1.5 meters in height’ on condition 2.

He also suggested an additional condition 7 which would identify the area in which the flat packed pens would be stored and an amendment to condition 4 which would further clarify the storage of the flat packed pens.

He explained that there were no objections from Natural England, the Environment Agency or the Landscape Architect since an additional plan showing an amended planting scheme had been provided. He also advised members that the SCC Highways did not consider that there would be a significant increase in traffic.

He advised that he had visited the site with the pens in situ and recommended that the application be approved.

Mrs Stainton, the Vice-Chairman of Brewham Parish Council spoke in objection to the proposal. She explained that the PC were concerned about how the different planning applications for the site had been handled and informed members that they would have been happier if all the applications for the site had been referred to Area East Committee for determination at the same time. She advised that the site was overdeveloped and situated on a country lane, which had no passing places and that traffic was a concern.

Mr Leay, a local resident, spoke in objection to the application. It was his view that this was not a suitable location for the proposal and raised concern that there was inconsistent information within the application in respect of staff numbers. He further pointed out that a full transport assessment was missing from the submission. Should the application be approved, he hoped that there would be a condition to control the hours of operation. He further raised concern over wet ground and the potential for disease and an increase in traffic.

Mr Clayton, the applicant, addressed the Committee. He informed members that he had begun trading on the site in 2011. He explained that Swanton Farm was a suitable location and that the farm had a fantastic reputation where he wanted to remain long-term. He pointed out that he provides employment in the area and that the first years rearing had been problem free.

Mr N Salmon, the agent, addressed the Committee. He advised members that although this was not an application for agricultural use, the site needed to be situated in a rural location. He advised that this was a seasonal activity and felt that this was an appropriate use of the land. He pointed out to members that there would be a small number of deliveries to the site, approximately 38 per annum and that it would be inappropriate to limit the hours of use for an agricultural activity and felt that this would be inappropriate for this application.

Councillor Mike Beech, Ward Member, advised members that the Parish Council had raised an objection to the proposal, however he pointed out that Swanton Farm had been operating in this way for a season without objection. He advised members that the Environment Agency, Natural England, Landscape Officer or County Highways had raised no objection and further offered his support to the application.

During the discussion, the planning officer confirmed that the County Highways department were aware of the differing numbers of staff mentioned in the submission and had not raised an objection.

Following the discussion, it was proposed and seconded that the planning application be approved subject to the amendments to conditions 2 (to refer to additional plans), 3 (to refer to additional plans and limit pen height to 1.5m), 4 (specify assembled pens between 1 March and 30 October and flat pack pens to be stored in the area agreed by condition 7) and 6 (to refer to additional plans) and an additional condition 7 to specify the storage of the flat packed pens.

On being put to the vote, this was carried unanimously.

RESOLVED:  that planning permission 16/02679/FUL be approved as per officer recommendation, subject to amendments to conditions 2, 3, 4 and 6 and an additional condition 7 for the following reason;

01.       The access track in combination with the temporary and seasonal change of use made of the land; the resulting scale and location of pens would not demonstrably harm visual amenity, character and appearance, nor have a detrimental effect on water and air quality, highway safety or residential amenity. Accordingly the proposal complies with policy EQ2, EQ3, EQ7 and TA5 of the South Somerset Local Plan 2006- 2028.

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 generally in accordance with the following approved plan: PL3636/1A received 2 September 2016; PL3636/3, and 'Rearing Unit' received 31 October 2016.

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

03.       No more than 115 rearing pens shall be set out on the land at any one time. Each pen shall comprise a hut, abutting wire run and associated equipment in accordance with drawing 'Rearing Unit' received 31 October 2016, and with units no higher than 1.5 metres as set out in the Planning, Access and Design Statement June 2016.

            Reason: To enable the Local Planning Authority to retain adequate control over numbers in the interests of landscape character and highway safety further to Policy EQ2 and TA5 of the South Somerset Local Plan 2006- 2028.

04.       The rearing pens in their assembled form as detailed in condition 3 (above) shall not be sited on the land between 30 September and 1 March in any year. At all other times the pens shall be retained on site only in accordance with the details of condition 7 (below).

            Reason: To enable the Local Planning Authority to retain adequate control over the appearance of the site in the interests of landscape character, further to Policy EQ2 of the South Somerset Local Plan 2006- 2028.

05.       No external lighting shall at any time be installed and/ or operated on any part of the site without the prior written agreement of the Local Planning Authority.

            Reason: To enable the Local Planning Authority to retain adequate control over lighting in the interests of landscape character further to Policy EQ2 of the South Somerset Local Plan 2006- 2028.

06.       The landscaping scheme PL3636/3 received 31 October 2016 shall be undertaken during the coming planting season. 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 landscape character and appearance, further to Policy EQ2 of the South Somerset Local Plan 2006- 2028.

07.       Within 1 month of this decision an area allocated on site for winter storage of flat pack units and associated materials in connection with the bird rearing use hereby permitted shall be identified and submitted to and agreed in writing by the Local Planning Authority. Such detail shall be adhered to and no other areas used in connection with winter storage.

Reason: In the interests of landscape character further to Policy EQ2 of the South Somerset Local Plan 2006- 2028.

(Voting: Unanimous)