Item No: 2 Reference: B/11/00610/FUL. Parish: GLEMSFORD Ward Members: Cllrs R Thake and L Young Location: Stour Valley Centre, Lower Road

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1 Item No: 2 Reference: B/11/00610/FUL Parish: GLEMSFORD Ward Members: Cllrs R Thake and L Young Location: Stour Valley Centre, Lower Road Proposal: Applicant: Construction of barn (existing Nissen hut building to be demolished) Mr and Mrs Wheeler Case Officer: Gareth Durrant Date for Determination: 16 August 2011 THE SITE RECOMMENDATION: Grant Planning Permission 1. The application site was once formed part of the site of the Glemsford railway station, but has more recently been used for equestrian purposes. The site, as a whole, extends to just under 10 hectares and currently supports a small number of buildings used for stabling of horses. The majority of the site is used for grazing. All of the site is situated in the countryside for the purposes of planning policies and is outside the defined built up area boundary of Glemsford. Large parts of the site are situated within the defined flood zone (zones 2 and 3) but the site of the proposed barn (to replace an existing nissen hut structure) is situated on raised land (being where the railway line previously ran) and is thus outside the areas of the site which are at risk of flooding. The site benefits from existing vehicular access onto the A1092 road. THE PROPOSAL 2. The planning application proposes the erection of a barn to replace an existing deteriorating Nissen hut style structure. Work has already commenced to replace the building and a two-storey element of the proposed barn building has already been erected at the site and is presently attached to the Nissen hut structure. The proposal is to retain and alter the existing unauthorised extension and complete the entire barn building (following demolition of the Nissen hut building). 3. The proposed barn would be 22.5 metres long and 11.2 metres (maximum) deep. The maximum height of the building would be 6.8 metres to ridge level and contains a small first floor element (a single room). The building contains a range of accommodation comprised of the following; Feed and machinery storage; Tack store; General Store; Drying room; Kitchenette; Shower/wash room (human) and wc s; Office accommodation, and 11

2 First floor store/sleeping area. 4. The proposed sleeping area would be used only in the case of emergencies (as opposed to being a permanent residential use) for vetinary attendances, care of sick animals overnight, foaling and aftercare and any specific treatment care requirements for horses by staff. The overnight sleeping proposed is considered to be ancillary to the overall use of the wider site for equine purposes and is not intended as a separate self contained residential unit (i.e. to house an essential worker). 5. The walls of the proposed barn building would be finished in weatherboarding with profile sheeting to the roof (colour finishes to be agreed). Window frames and doors would be of timber construction. 6. The application documents can be viewed on line via the planning pages on the District Council s website. RELEVANT HISTORY Planning permission granted for use of land and existing building for grazing of horses, ancillary uses and erection of loose boxes. Application number B/80/473 refers Outline planning permission refused for the erection of an agricultural workers dwelling. Application number B/97/00031/OUT refers Planning permission granted for the erection of a building to accommodate 10 (no.) livery stables and alterations to existing vehicular access. Application B/03/01718/FUL refers Planning permission refused for change if use of land for the siting of a mobile home (continued use). Application B/10/00357/FUL refers. A subsequent appeal against the decision to refuse planning permission was withdrawn in advance of being determined Planning application received for use of land for stationing of a temporary caravan for residential purposes. At the time of writing this application remained undetermined. Members will be informed of any decision made on the application at the meeting. Application number B/11/00609/FUL refers Planning application received for removal of condition attached to planning permission B/80/473. The condition restricts the use and operation of the site to nominated persons. The application is before this meeting for a decision. Application B/12/00301/ROC refers. NATIONAL GUIDANCE 13. The National Planning Policy Framework (NPPF) contains the Government s planning policies for England and sets out how these are expected to be applied. Planning law continues to require that applications for planning permission are determined in accordance with the Development Plan unless material considerations indicate otherwise. The policies contained within the NPPF are a material consideration and should be taken into account for decision-making purposes. PLANNING POLICIES 14. The Development Plan comprises the East of England Plan, adopted 2008, saved policies in the Suffolk Structure Plan, adopted 2001, and saved policies in the Babergh Local Plan (Alteration No.2) adopted The Localism Act 2011 contains provisions that are likely to lead to the abolition of the East of England Plan. These provisions should be regarded 12

3 as a material consideration in planning decisions. The following policies are applicable to the proposal: 13

4 East of England Plan, 2008 SS1 Achieving sustainable development SS4 Towns other than key centres and rural areas ENV7 Quality in the built environment Suffolk Structure Plan, 2001 No saved policies relevant Babergh Local Plan (Alteration No.2) 2006 EM20 Expansion of existing employment uses CR01 Landscape quality CR07 Landscaping of development in the countryside CN01 Maintaining local distinctiveness The relevant policies can be viewed on line. schedule. Please see the notes attached to the CONSULTATIONS 15. PC recommends refusal on the grounds of over-development. 16. LHA does not wish to restrict the grant of planning permission. 17. EA no objections on flood risk grounds. 18. SWT provide advisory comments to the applicant in relation to bats. 19. Environmental Protection (BDC) No concerns regarding contamination. As always, the responsibility for the safe development of the site lies with the developer and it is advised that we are consulted should any unexpected ground conditions be encountered during construction. REPRESENTATIONS 20. None received. PLANNING CONSIDERATIONS Principle of development 21. The National Planning Policy Framework (NPPF) sets out an agenda for economic growth. In relation to the rural economy, the NPPF states that planning policies should support economic growth in rural areas in order to create jobs and prosperity by taking a positive approach to sustainable new development. It is also Government planning policy that local plans should support the sustainable growth and expansion of all types of business and enterprise in rural areas, both through conversions and re-build (paragraph 28 of the NPPF). 14

5 22. The application site is well established in commercial equine use and was first granted planning permission on a commercial basis in It is in more recent times that the site has been developed as a business and further stables have been erected (with planning permission granted back in 2004). This application includes further development of the established equine business and proposes the erection of a replacement building to house office, storage and other ancillary accommodation in connection with the commercial equine business. 23. Saved Local Plan policy EM20 states proposals for the expansion/extension of an existing employment use, site or premises will be permitted provided there is no material conflict with residential and environmental amenity. This policy confirms it is acceptable in principle to develop commercial sites in countryside locations, subject to no adverse impacts being identified. 24. Saved Local Plan policy CR01 is relevant to all applications proposing new development in countryside locations. This states the countryside will be protected by restricting development to that which is essential for the efficient operation of agriculture, forestry, horticulture and appropriate outdoor recreation. The policy goes on to state where development is allowed in the countryside it must i) be of a scale compatible with its surroundings, ii) be sensitively designed and landscaped, iii) maximise wildlife potential, iv) not introduce a proliferation of buildings or structures and v) be well related to the highway network. Whilst the proposed building is not essential for agriculture, forestry, horticulture or recreation, it is a well established and permitted use in the countryside. There are no saved Local Plan policies which specifically relate to equine related development (private or commercial). Given the commercial equine use has previously been permitted in this countryside location (and is unlikely to be accommodated within the built up area of a town or village), its sensitive development to meet its reasonable needs is deemed acceptable in principle and, although not strictly in accordance with the uses permitted by CR01, is considered to comply with the spirit and main aims of the policy to protect the character of the countryside from inappropriate uses and developments. The proposal also represents a sustainable form of economic development in a rural area and is supported by relevant sections of the NPPF (as set out above). Impact of development 25. The application site is situated within the countryside. The landscape including the application site is not designated as an Area of Outstanding Natural Beauty or Special Landscape Area. Nonetheless the impact of the proposal upon the landscape qualities and character of the area should be properly considered. The application building would occupy a footprint of a similar size to the Nissen hut structure it is proposed to replace. It would also be constructed over the existing footprint of the Nissen hut. The proposed building would be 1.6 metres taller than the existing structure largely because of its pitched roof design (in comparison to the curved roof structure of the Nissen hut). The proposed building is set back into the site away from the highway and would sit behind well established boundary hedging to the A1092. The building would be more readily visible from the public realm, largely because of its greater height than the more inconspicuous Nissen hut building, but is designed to take the appearance of a conventional agricultural barn, with its weatherboarding and pitched roof. The design and scale of the proposed replacement building is considered acceptable and the structure would not be harmful to the character of the countryside. 26. The Parish Council has expressed concern that the proposed building represents overdevelopment of the site. They have not, however, qualified the precise nature of their concerns in this respect, particularly in light of the fact that the proposed building is similar in size and in the same location (and would be in the same use) as an existing building which it is intended to replace. There is ample space at the site to accommodate the building without it appearing cramped or overbearing in the landscape. Accordingly, officers 15

6 do not share the concerns expressed about overdevelopment which have been expressed by the Parish Council. 27. There are no dwellings close to the siting of the proposed building and, in any case, the new building would contain similar uses to the Nissen hut building to be replaced (with naturally improved acoustics in comparison to the existing building). The building would not be put to noise generating uses and there are therefore no concerns about potential impact upon occupiers of dwellings in the vicinity of the site. 28. The site benefits from adequate vehicular access and the improvements granted planning permission in 2004 have been carried out. No further improvements are required to the existing vehicular access and the proposed development is not likely to lead to substantial increases in traffic movements. Suffolk County Council, as Local Highway Authority has raised no objections to the application. The proposed barn structure is acceptable in highway safety terms. Other Matters Crime and Disorder 29. Consideration has been given to the provisions of Section 17 of the Crime and Disorder Act, 1998, in the assessment of this application but the proposal does not raise any significant issues. Biodiversity and Protected Species 30. In assessing this application due regard has been given to the provisions of the Natural Environment and Rural Communities Act, 2006, is so far as it is applicable to the proposal and the provisions of Conservation of Habitats and Species Regulations, 2010 in relation to protected species. There are no concerns about the application proposals in this respect. REASON FOR APPROVAL 31. The proposal for a replacement building to be used in connection with an existing permitted commercial equine business use of the site accords with Government planning policies set out in the NPPF (2012). The proposal also accords with policies SS1, SS4 and ENV7 of the East of England Plan (2008) and saved policies EM20, CR01 and CN01 of the Babergh Local Plan, Alteration No.2 (2006). These policies seek to promote sustainable economic growth in rural areas that is well designed and appropriate in its context. The policies also seek to protect (inter alia) the character of the countryside, residential amenity and highway safety from inappropriate or potentially damaging development. In this case, the proposals represent a sustainable consolidation and expansion of an existing employment use in a rural area. The replacement building proposed in the application would have no significant impacts upon the character and landscape qualities of the landscape and would have no detrimental impacts upon residential amenity or highway safety. RECOMMENDATION That planning permission be granted subject to conditions including:- Colour finishes to external materials; Use of the first-floor sleeping accommodation restricted to emergencies only; Use of the building to be for purposes ancillary to the wider commercial equine use of the site. 16