Agenda item

Planning Application: 16/03404/FUL - Land At Hoarstones Cricket St Thomas, Limekiln Lane, Winsham

Minutes:

Application Proposal: Alterations to access and erection of two adjoining agricultural buildings with silage pit and yard area.

 

The Planning Officer introduced the report and with the aid of slides and photographs summarised the details of the application.  He referred to the key considerations which were visual amenity – setting of listed park, highway impact/adjoining bridleway and agricultural justification/need.  He advised that since writing the report he had received a response from the Lead Local Flood Authority who had no objections to the proposal subject to a drainage condition which was already included in the report.  The Planning Officer’s recommendation was for approval subject to conditions.

 

In response to questions from Members, the Planning Officer and Area Lead North/ East confirmed the following:

 

·         It would not be appropriate to secure Condition 3 through a S106 agreement;

·         The proposed buildings would be permanent;

·         The site was situated above the Historic Park.  The tress would assist with mitigating its impact;

·         SCC Highways and the SSDC Highway Consultant had not visited the site.

 

The Committee was addressed by Mike Mouland in support of the application who advised that he was the tenant farmer.  He explained about the need to increase cattle on the site as part of the DEFRA Stewardship Scheme.  The buildings were required to house the cattle in the winter and without them he would be unable to farm.

 

The Applicant, My Stephen Taylor explained about the need for the agricultural buildings and mentioned because of the size and nature of the landholding it still had to be managed with stock.

 

Ward Member, Cllr. Sue Osborne explained that the application had been referred to Committee because of the strong opinions of residents of Purtington who were seriously concerned about the history of the estate diversifying.  She supported the removal of permitted development rights and commented that the parkland was best managed through lowland cattle and sheep.  She noted that the buildings would be hidden and the excavated soil would be addressed by a bund at the rear of the buildings.  She recommended that the application be supported subject to conditions.

 

During a short discussion, members were satisfied that a case had been made for the need.  It was proposed and seconded to approve the application as per the Planning Officer’s recommendation outlined in the agenda report.  On being put to the vote the proposal was unanimously carried.

 

RESOLVED:

That Planning Application No. 16/03404/FUL be APPROVED as per the Planning Officer’s recommendation for the following reason:

 

01.       The proposal, by reason of the proposed agricultural use and accepted justification represents an appropriate land use within this isolated countryside location. The size, design, siting and materials would represent a development that would respect the landscape character of the area and would not harm the setting of the nearby grade II Listed Historic Park and Garden. The development would have no adverse impact on neighbour amenity or highway safety.  As such the proposed development would accord with the aims and objectives of Policies EQ2, EQ3, EQ7 and TA5 of the South Somerset Local Plan (2006-2028).

 

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.       Other than as required by conditions the development hereby permitted shall be carried out in accordance with the following approved plans: 1513J-PL-01 Rev. D; 1513J-PL-02; 1513J-PL-03; 1513J-PL-04; 1513J-PL-015; Fri 03/02/2017 09:37 only.

           

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

 

03.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), there shall be no permitted development  of the development hereby permitted under Schedule 2, Part 3, Class Q and R of the said order without the prior express grant of planning permission.

           

Reason: To safeguard the amenities of the area and to protect the local water environment, in accordance with policy EQ7 of the South Somerset Local Plan (2006-2028).

 

04.       Notwithstanding the details submitted with the application and as shown on the approved plans, finish for the external surfaces of the roofs of the buildings hereby approved shall be anthracite in accordance with the email sent by the applicant on Fri 03/02/2017 09:37. The development shall be carried out in accordance with these approved details and shall be retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: In the interests of visual amenity and to safeguard the character and appearance of the area, in accordance with policy EQ2 of the South Somerset Local Plan (2006-2028).

 

05.       No development shall be carried out on site unless surface water drainage details to serve the development hereby approved, including measures to prevent discharge of water onto the highway, have been submitted to and approved in writing by the Local Planning Authority and such approved drainage details shall be completed and become fully operational before the development hereby permitted is first brought into use.  Following its installation or implementation such approved scheme shall be permanently retained and maintained thereafter.

 

Reason: To safeguard the amenities of the area and to protect the local water environment, in accordance with policy EQ7 of the South Somerset Local Plan (2006-2028).

 

06.       No later than within the first planting season following the substantial completion of either of the buildings hereby approved a soft landscaping scheme shall be completed in accordance with details that shall have been submitted and approved in writing by the Local Planning Authority. The scheme shall include the retention of all hedges within the site (other than for provision of the access hereby approved) details of any changes proposed in existing ground levels; all planting, seeding, turfing or earth moulding. 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).

 

07.       Prior to the commencement of any works on site, details of hedge protection measures for all hedges, hedgerows and trees immediately adjoining the development site, including details of the construction and finish of the  'access to field' as illustrated on plan No. 1513J-PL-01 Rev. D shall be submitted to and approved by the Local Planning Authority. Any part(s) of hedges or hedgerows removed without the Local Planning Authority's consent or which die or become, in the opinion of the Local Planning Authority, seriously diseased or otherwise damaged within five years following contractual practicable completion of the approved development shall be replaced as soon as is reasonably practicable and, in any event, by not later than the end of the first available planting season, with plants of such size and species and in such positions as may be agreed in writing with the Local Planning Authority.      

           

Reason: In the interests of visual amenity and to safeguard the character and appearance of the area, in accordance with policy EQ2 of the South Somerset Local Plan (2006-2028).

 

08.       No means of external lighting or other illumination shall be installed on or within the building hereby approved or operated on any part of the subject land unless details of all new lighting 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 agreement of the Local Planning Authority.

           

Reason: In the interests of visual amenity and to safeguard the character and appearance of the area, in accordance with policy EQ2 of the South Somerset Local Plan (2006-2028).

 

09.       The finished levels of the development hereby approved shall accord with the details on the approved plan, drawing No. 1513J-PL-01 Rev. D.

           

Reason: In the interests of visual amenity and to safeguard the character and appearance of the area, in accordance with policy EQ2 of the South Somerset Local Plan (2006-2028).

 

Informatives:

 

01.       Where works are to be undertaken on or adjoining the publicly maintainable highway a licence under Section 171 of the Highways Act 1980 must be obtained from the Highway Authority. Application forms can be obtained by writing to Transport Development Group, Environment Department, County Hall, Taunton, TA1 4DY, or by telephoning 01823 355645. Applications should be submitted at least four weeks before works are proposed to commence in order for statutory undertakers to be consulted concerning their services.

 

The fee for a Section 171 Licence is £250. This will entitle the developer to have his plans checked and specifications supplied. The works will also be inspected by the Superintendence team and will be signed off upon satisfactory completion.

 

Public Right of Way:

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 Somerset County Council Rights of Way Group.

-         A PROW being 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 carrying 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. A temporary closure can be obtained from Sarah Hooper on (01823) 357562.

 

02.       Drainage:

The site must be drained on a separate system with all clean roof and surface water being kept separate from foul drainage. There must be no discharge of foul or contaminated drainage from the site into either groundwater or any surface waters, whether direct to watercourses, ponds or lakes, or via soakaways/ditches.

 

Pollution Prevention during Construction Safeguards should be implemented during the construction phase to minimise the risks of pollution from the development. Such safeguards should cover: - the use of plant and machinery - oils/chemicals and materials - the use and routing of plant and vehicles - the location and form of work and storage areas and compounds - the control and removal of spoil and wastes. The applicant should refer to the Environment Agency's Pollution Prevention Guidelines at: http://www.environment-agency.gov.uk/business/topics/pollution/39083.aspx

 

Nitrate Vulnerable Zones

If the site is located within a Nitrate Vulnerable Zone (NVZ) then the Nitrate Pollution Prevention Regulations 2008 may apply. The applicant should refer to DEFRA at the following link: http://www.defra.gov.uk/food-farm/land-manage/nitrates-watercourses/nitrates/

Manure Manure/dung heaps must be sited in an area where it/they will not cause pollution of any watercourse or water source by the release of contaminated run-off. The subsequent disposal of collected wastes must be undertaken in accordance with the "Protecting our Water, Soil and Air: A Code of Good Agricultural Practice for farmers, growers and land managers" which can be found at:  https://www.gov.uk/government/publications/protecting-our-water-soil-and-air

 

Oil and Chemical Storage

If any oil or chemical storage facilities are required as part of the operations on the site then they should be sited in bunded areas. The capacity of the bund should be at least 10% greater than the capacity of the storage tank or, if more than one tank is involved, the capacity of the largest tank within the bunded area. Hydraulically inter-linked tanks should be regarded as a single tank. There should be no working connections outside the bunded area.

 

Any oil storage facility of 200 litres or more must include a bund, and comply with the Oil Storage Regulations ("The Control of Pollution (Oil Storage) (England) Regulations 2001"), a copy of which can be found at: http://www.environment-agency.gov.uk/business/topics/oil/

 

Please contact the Environment Agency Local Environment Management team via 03708 506 506 if you have any queries.

 

(Voting: unanimous in favour)

 

 

Supporting documents: