LIST OF PLANNING APPLICATIONS AND OTHER PROPOSALS...

104
Version April 2010 1 LIST OF PLANNING APPLICATIONS AND OTHER PROPOSALS SUBMITTED UNDER THE PLANNING ACTS TO BE DETERMINED BY THE DIRECTOR OF PLANNING, TRANSPORTATION AND STRATEGIC ENVIRONMENT CIRCULATED SCHEDULE NO. 32/12 Date to Members: 10/08/12 Member’s Deadline: 16/08/12 (5pm) The reports listed over the page form the ‘Circulated Schedule’ a procedure agreed by the Planning and Transportation Committee on 21 November 1996. The procedure is designed to increase the effectiveness and efficiency of the Development Control Service. Under the arrangement reports are circulated on a weekly basis. The reports assess the application, consider representations which have been received, and make a recommendation regarding the proposal. The procedure is designed to ensure that Members are aware of any concern expressed by interested parties in their ward and indicate a recommendation. Having considered the reports, those applications that Councillors feel should be referred to an appropriate Area Development Control Committee must be notified to the Development Control section by email within five working days of the publication of the schedule (by 5pm). If there has been no member request for referral within the time period, the decision notices will be issued in line with the recommendation in this schedule. Before referring an item to the Committee, Members may wish to speak to an officer about the issue, in order that any problems can perhaps be resolved without the need for referral to a Committee PLEASE NOTE: THE CIRCULATED SCHEDULE PROCESS IS ONLY OPEN TO THE ELECTED MEMBERS OF SOUTH GLOUCESTERSHIRE COUNCIL.

Transcript of LIST OF PLANNING APPLICATIONS AND OTHER PROPOSALS...

  • Version April 2010 1

    LIST OF PLANNING APPLICATIONS AND OTHER PROPOSALS

    SUBMITTED UNDER THE PLANNING ACTS TO BE DETERMINED BY

    THE DIRECTOR OF PLANNING, TRANSPORTATION AND STRATEGIC

    ENVIRONMENT

    CIRCULATED SCHEDULE NO. 32/12

    Date to Members: 10/08/12

    Member’s Deadline: 16/08/12 (5pm)

    The reports listed over the page form the ‘Circulated Schedule’ a procedure agreed by the Planning and Transportation Committee on 21 November 1996. The procedure is designed to increase the effectiveness and efficiency of the Development Control Service. Under the arrangement reports are circulated on a weekly basis. The reports assess the application, consider representations which have been received, and make a recommendation regarding the proposal. The procedure is designed to ensure that Members are aware of any concern expressed by interested parties in their ward and indicate a recommendation. Having considered the reports, those applications that Councillors feel should be referred to an appropriate Area Development Control Committee must be notified to the Development Control section by email within five working days of the publication of the schedule (by 5pm). If there has been no member request for referral within the time period, the decision notices will be issued in line with the recommendation in this schedule. Before referring an item to the Committee, Members may wish to speak to an officer about the issue, in order that any problems can perhaps be resolved without the need for referral to a Committee PLEASE NOTE: THE CIRCULATED SCHEDULE PROCESS IS ONLY OPEN TO THE ELECTED MEMBERS OF SOUTH GLOUCESTERSHIRE COUNCIL.

  • Version April 2010 2

    NOTES FOR COUNCILLORS - FORMAL ARRANGEMENTS If any Member requires any of the proposals listed in the Schedule to be considered by the appropriate Development Control Committee, please let the Director of Planning, Transportation and Strategic Environment know within 5 working days of the date of this Schedule (e.g, if the schedule is published on a Friday, comments have to be received by the end of Thursday) (see cover page for the date).

    To refer an application(s) members are asked to email [email protected] providing details of Application reference and site location Indicate whether you have discussed the application(s) with the case officer and/or area planning

    manager Indicate whether you have discussed the application(s) with ward member(s) if the site is outside of

    your ward The reason(s) for the referral The following types of applications may be determined by this Circulated Schedule procedure:

    All applications and related submissions not determined either by the Development Control Committees or under delegated powers including:

    a) Any application submitted by or on behalf of the Council. b) Any application requiring either new or a modification to an existing planning agreement,

    provided that the application is not required to be determined by Committee. c) Any footpath diversion required to implement an approved scheme. d) Applications, except those where approval is deemed to be granted upon the expiry of a defined

    period, where a representation contrary to the Officers recommendation are received. e) Applications for Certificates of Appropriate Alternative Development where a representation

    contrary to the Officer’s recommendation is received. f) Applications for Certificates of Lawful Use of Development

    GUIDANCE FOR ‘REFERRING’ APPLICATIONS Members are entitled to refer any application for consideration by the relevant DC Committee or Sites Inspection Committee, before a decision has been made. However as call-ins will delay the decision on an application in the interests of improving the effectiveness and efficiency of the Development Control service, this option should only be exercised after careful consideration. Members are therefore asked to take account of the following advice:

    Before referring an application always speak to the case officer or Area Planning Manager first to see if your concerns can be addressed without the application being referred.

    If you are considering referring in an application outside the ward you represent, as a courtesy, speak to the ward member(s) to see what their views are, before referring the application.

    Always make your referral request as soon as possible, once you have considered all the application details and advice of the case officer. Please do not leave it to the last minute

    Always make your referral request by e-mail to [email protected], where referrals can be picked up quickly by the Development Management Technical Support Team. If in exceptional circumstances, you are unable to e-mail you request, please contact 01454 863519, well in advance of the deadline, to discuss alternative arrangements to ensure your response can be received.

    When you refer an application, make clear what the planning reasons are for doing so. This will help the case officer and other members give attention to the specific issues you have raised.

    It may also allow officers to seek to negotiate with the applicant to overcome the Member’s concerns and therefore removing the need for a Committee determination.

  • Dates and Deadlines for Circulated Schedule For August Bank Holiday Periods 2012

    Schedule Number

    Date to Members 9am on

    Members Deadline

    34/12 Wed 22 Aug 2012

    Thurs 30 Aug 2012

    5pm Above are details of the schedule that will be affected by date changes due to the August Bank Holiday.

  • CIRCULATED SCHEDULE – 10 AUGUST 2012 ITEM NO. APPLICATION NO RECOMMENDATION LOCATION WARD PARISH 1 PK12/0802/F Approve with 40A/B Downend Road Kingswood Kings Chase None Conditions South Gloucestershire BS15 1SE 2 PK12/1823/F Approve with 40A Downend Road Kingswood Kings Chase None Conditions South Gloucestershire BS15 1SE 3 PK12/1962/F Approve with Land At Abson Hill Abson Road Boyd Valley Wick And Abson Conditions Pucklechurch South Parish Council Gloucestershire BS16 9SD 4 PK12/2005/F Approve with Uplands Farm Beach Lane Upton Bitton Bitton Parish Conditions Cheyney South Gloucestershire Council BS30 6NP 5 PK12/2014/F Approve with 48 Blackhorse Lane Downend Emersons Mangotsfield Conditions South Gloucestershire Rural Parish BS16 6UA Council 6 PK12/2028/PN No Objection Dodington Road Bridge Chipping Chipping Dodington Parish Sodbury South Council Gloucestershire BS37 6HR 7 PK12/2042/PN No Objection Chippenham Road Acton Turville Cotswold Edge Acton Turville Badminton South Parish Council Gloucestershire GL9 1HE 8 PK12/2109/F Approve with Sovereign Cottage High Street Cotswold Edge Hawkesbury Conditions Hawkesbury Upton South Parish Council Gloucestershire GL9 1AU 9 PK12/2117/FDI No Objection The Bungalow Wood Lane Cotswold Edge Horton Parish Horton South Council Gloucestershire BS37 6PG 10 PK12/2130/FDI Approve Wick Quarry London Road Wick Boyd Valley Wick And Abson South Gloucestershire Parish Council BS30 5SJ 11 PK12/2159/F Approve with North Street Hall 57 North Street Downend Downend And Conditions Downend South Gloucestershire Bromley Heath BS16 5SG Parish Council 12 PT09/5578/MW Approve with Berwick Farm Landfill Berwick Almondsbury Almondsbury Conditions Lane Hallen South Parish Council Gloucestershire BS10 7RS 13 PT12/1986/R3F Deemed Consent Coniston Primary School Epney Patchway Patchway Town Close Patchway South Council Gloucestershire BS34 5LN 14 PT12/2013/F Approve with 32 Gloucester Road North Filton Filton Filton Town Conditions South Gloucestershire BS7 Council 0SJ 15 PT12/2076/CLP Refusal 3 The Hill Almondsbury South Almondsbury Almondsbury Gloucestershire BS32 4AE Parish Council 16 PT12/2178/F Approve with 9 Wotton Road Charfield Wotton Charfield Charfield Parish Conditions Under Edge South Council Gloucestershire GL12 8TP

  • OFFTEM

    CIRCULATED SCHEDULE NO. 32/12 – 10 AUGUST 2012

    App No.: PK12/0802/F Applicant: Bristol Trade Commercials Ltd

    Site: 40A/B Downend Road Kingswood Bristol South Gloucestershire BS15 1SE

    Date Reg: 20th March 2012

    Proposal: Change of use from Timber Supplier to Commercial Motor dealership (Sui Generis) as defined in Town and Country Planning (Use Classes) Order 1987 (as amended) Retrospective

    Parish: None

    Map Ref: 364647 174206 Ward: Kings Chase Application Category:

    Minor Target Date:

    10th May 2012

    South Gloucestershire Council 2007.all rights reserved. This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. 100023410, 2008. N.T.S. PK12/0802/F

    ITEM 1

  • OFFTEM

    REASON FOR REPORTING TO CIRCULATED SCHEDULE

    This application has been referred to the Circulated Schedule due to the receipt of residents objections, contrary to the officer’s recommendation.

    1. THE PROPOSAL 1.1 The applicant seeks retrospective planning permission for the change of use

    from a timber supplier to commercial motor dealership (Sui Generis) at No. 40A/B. In addition, the applicant also submitted a retrospective planning permission (PK12/1823/F) for the erection of building for vehicle preparation bay. A full assessment can be found in a separate report in this agenda.

    1.2 The application site comprises a number of single storey buildings, which lie to the west of Downend Road. The site is surrounded by residential properties, with the exception of a private car park to the east and a three storey commercial building to the south. In support of the application, the applicant states that the site was occupied by a timber supplier, which ceased trading in 2009. The site has been vacant for 18 months and the applicant occupies the site since January 2012.

    2. POLICY CONTEXT

    2.1 National Guidance National Planning Policy Framework 27 March 2012

    2.2 Development Plans

    South Gloucestershire Local Plan (Adopted) January 2006 D1 Design E3 Criteria for Assessing Proposals for Employment Development within the

    Urban Area and Defined Settlement Boundaries EP1 Environmental Pollution T8 Parking Standards T12 Transportation Development Control Policy for New Development South Gloucestershire Core Strategy incorporating Post-Submission Changes CS1 High Quality Design

    2.3 Supplementary Planning Guidance Design Checklist

    3. RELEVANT PLANNING HISTORY The site has been subject to a number of planning history in the past, however, the following are the most relevant to the determination of this application. 3.1 K3700 Retention of portable unit used for office purposes. Approved

    25.08.81

  • OFFTEM

    3.2 K3700/1 Change of use from bakery to retail sales of paving slabs, screen and stone walling (revised plans). Approved 19.01.87

    3.3 K3700/2 Continuation of use of premises as a taxi control office. Refused 18.02.91

    3.4 K3700/3 Retention of change of use from storage to health studio, and

    enclosure of external staircase. Refused 09.11.92 4. CONSULTATION RESPONSES

    4.1 Parish/Town Council The site is not situated within a parished / town council. 4.2 Other Consultees [including internal consultees of the Council]

    Sustainable Transport No objection subject to a planning condition

    Other Representations

    4.3 Local Residents Two letters of objection have been received and the local residents raised the following concerns:

    Very real danger to pedestrians that is currently being caused by the activities of the applicant

    There is at least one British species tree of some size on the premises. There is large advertising bill-boards on the pedestrian pavements

    around the site causing obstruction to pedestrians, The site is invariably full of vehicles for sale, visitors / customers are

    parking on Downend Road (which has a single yellow line) and are mounting the kerb and severely obstructing the pedestrian movement that forces pedestrian to move onto the road at a point n Downend Road that is extremely dangerous.

    Parking sale vehicles in a similar manner to that described above. Anti-social behaviours Causing damage to the highway and to the ramp leading from their

    property, and clipping the small walls on either side of that ramp. 2 storey building right opposite bedroom window, its an eye sore and

    causes a loss of privacy. Trade from the premises for almost a year without planning permission Security lighting is far stronger than that which was previously in place Erected building to replace a timber, metal sheeting building.

  • OFFTEM

    5. ANALYSIS OF PROPOSAL

    5.1 Principle of Development

    The National Planning Policy Framework was published on 27th March 2012 and emphasises the protection of environment, such as Green Belt and the promotion of sustainable economic growth. The Framework highlights that ‘Development’ that is sustainable should be approved, however, this does not change the statutory status of the development plan as the starting point for decision-making. As such development that accords with an up-to-date local Plan should be approved, and proposed development that conflicts should be refused unless other material considerations indicate otherwise.

    Policy E3 of the South Gloucestershire Local Plan (Adopted) January 2006 allows proposals for employment uses within the existing urban areas, and the boundaries of settlements, including extensions, conversions and re-use of existing buildings, and working from home subject to the following assessment. The site is located within an urban area of Kingswood, and therefore the proposed use is acceptable in principle provided that the proposal would meet the following criteria.

    5.2 A. Development would not have unacceptable environment effects, and

    The proposal is to change the use of a former timber supplier to a commercial motor dealership. The applicant submitted a revised site plan, which shows that there are 4 no. customers parking spaces, 1 no. disabled parking space, and 27 sales vehicles parking spaces. The company employ two full-time staff and four part-time staff, and the opening hours for sale are Mondays to Fridays 9am to 5pm, Saturdays, 9am to 4pm and Sundays/Bank Holidays 10am to 2pm. Officers studied the planning history of the site, and the latest planning permission was granted for the change of use from bakery to storage, display and retail sales of DIY building materials and gardening supplies in January 1987, subject to a number of conditions including the vehicular access onto Downend Road to be widened to 7 metres, no open storage and clear of obstruction on parking and manoeuvring areas. However, there is no condition attached relating to the opening hours. Officers compared the authorised use of the site and existing use. It is also acknowledged that the proposal would create different nature of business. As the commercial use for this site has been established and acceptable in principle, officers do not consider that the existing use would cause significant harms to the environment. A local resident raised concerns regarding the removal of existing trees. As these are not protected trees within the site, the existing trees can be removed without the prior written consent of the Council.

  • OFFTEM

    Subject to the above conditions, it is considered that the proposed development would not cause significant pollution, including through light, noise, dust nuisance, upon the natural environment, and is acceptable in environmental terms.

    5.3 B. Adequate provision is made for servicing and delivery requirements and development would not give rise to unacceptable levels of vehicular traffic, especially heavy good vehicles, or on-street parking, to the detriment of the amenities of the surrounding areas and highway safety, and A concern has been raised regarding the new vehicular access off Gilbert Road. It should be noted however that as Gilbert Road is not a classified road, therefore planning permission is not required for the construction of new vehicular access. Local residents also have concerns regarding parking on Downend Road and Gilbert Road. In planning terms, it is impossible to control the parking of vehicles where this would take place on a public highway or in locations not within the application site. It is also not appropriate to speculate on whether or not it is the sole responsibility of the Bristol Trade Commercials for this congestion upon the public highway as this is not a planning matter. During the course of the application, the applicant submitted a revised plan showing the parking arrangement of the proposal. Officers are aware that the site has extant commercial use and the site was until recently occupied by a timber supplier. This is a material consideration and it needs to be taken into account when deciding on this planning application. A revised plan has been submitted and this shows staff and visitors’ parking space (4 spaces), and the location for the displayed vehicles area. The displayed vehicles facing Downend Road would practically make the access from Downend Road redundant. Officers are satisfied that there is a second vehicular access available from Gilbert Road. Officers are also satisfied with the proposed turning and manoeuvring space for all vehicles on site. To ensure that this development would not add to on-street congestion at this location, a planning condition is imposed to ensure that the parking area is clearly marked out and a manoeuvring area is to be provided accordingly. Subject to the above conditions, it is considered that the proposed development is acceptable in transportation terms.

    5.4 C. Development would not prejudice existing residential amenities, and

    Currently the hours of operation and delivery to this site are not controlled by planning conditions. However, officers consider that it would be necessary to impose conditions to restrict the hours of openings and delivery to reasonable business hours due to the nature of the use and proximity to residential

  • OFFTEM

    properties. The applicant has indicated that the hours of opening will be Mondays to Fridays 9am to 5pm, Saturdays, 9am to 4pm and Sundays/Bank Holidays 10am to 2pm. These hours are considered to be reasonable. The use of the site for the sale of cars is not likely to generate unacceptable noise levels. However, officers consider that it would be necessary to impose a condition to ensure that no repairs or bodyworks would take place within the site. The site is approximately 10 metres from the nearest residential property. Officers acknowledge that local residents have concerns regarding the security lights on the building. As the applicant has not submitted the details of external lighting, officers consider that it would be reasonable to impose a condition seeking details of the external illuminations including security lights due to its proximity of the residential properties. There are no alterations to the main buildings and the erection of a detached building for vehicular preparation proposed is subject to the planning application PK12/1823/F. Officers therefore consider that the proposed use would not cause significant loss of privacy or overbearing impact upon the neighbouring residential properties. Officers acknowledged residents’ concerns regarding the individual behaviour, however it would not be planning material consideration, this issue would be private civil matter. Subject to the above conditions, it is considered that the proposed development would not cause significant impacts upon the neighbouring properties and is acceptable in residential terms.

    5.5 D. The character of the area or settlement is not adversely affect, and

    A concern is raised regarding the large advertising bill-boards. Any advertisement needs to comply with advertisement legislations or subject to separate advertisement consent. The commercial / employment use has been established for the application site. No alterations and extensions are proposed, although the proposed use will involve the stocking of cars for sale in the yard area. However, given that the site has an authorised use as timber suppliers and the site is immediately adjacent to a three-storey industrial / commercial building, officers consider that the existing use as commercial vehicles dealership would not significantly change the character of the area to warrant a refusal of this application.

    5.6 E. The maximum density compatible with the site’s location, its

    accessibility and its surroundings is achieved. Officers consider that the existing use has achieved the maximum density, it is considered that further intensified use would have unacceptable impact upon the residential amenity of the neighbouring property and highway safety of the area.

  • OFFTEM

    6. CONCLUSION

    6.1 In accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004, Local Planning Authorities are required to determine applications in accordance with the policies of the Development Plan, unless material considerations indicate otherwise.

    6.2 The proposal has been carefully designed to minimise adverse impact upon the

    residential amenity of the neighbouring properties and the highway safety of the area.

    6.3 The recommendation to grant permission has been taken having regard to the

    policies and proposals in the South Gloucestershire Local Plan (Adopted) January 2006 set out above, and to all the relevant material considerations set out in the report.

    7. RECOMMENDATION

    7.1 That planning permission be granted subject to the following conditions.

    Contact Officer: Olivia Tresise Tel. No. 01454 863761 CONDITIONS 1. The five on site visitor/customer parking spaces (including disabled parking space) as

    shown on the submitted drawing, which was received by the Council on 20 July 2012, shall be provided at all times and shall be kept clear of vehicles for sale at all time thereafter.

    Reason In the interests of highway safety, and to accord with Policies T8 and T12 of the South

    Gloucestershire Local Plan (Adopted) January 2006. 2. No deliveries shall be taken at or despatched from the site outside the hours of 09:00

    and 17.00 Mondays to Fridays, nor at any time on Saturdays, Sundays, Bank or Public Holidays.

    Reason To safeguard the amenity of the locality, and to accord with Policies E3 and EP1 of

    the South Gloucestershire Local Plan (Adopted) January 2006. 3. No sales of vehicles shall take place outside the hours of 09:00 and 17.00 Mondays to

    Fridays, 09:00 and 16.00 on Saturdays, and 10.00 and 14.00 on Sundays, Bank or Public Holidays.

    Reason To safeguard the amenity of the locality, and to accord with Policy E3 and EP1 of the

    South Gloucestershire Local Plan (Adopted) January 2006.

  • OFFTEM

    4. Within 30 days from the date of decision notice, the customers car park area shall be

    provided by marking out the spaces in accordance with the submitted/approved plan and retained as such thereafter. All other vehicles parking on site (i.e. 'display for sale' vehicles) and manoeuvring area shall be provided and maintained in accordance with the submitted and approved plan.

    Reason In order to discourage the keeping and displaying of vehicles which are for sale on the

    public highway and in the interests of highway safety, and to accord with Policies E3 and T12 of the South Gloucestershire Local Plan (Adopted) January 2006.

    5. No repair or bodywork of vehicles shall take place within the application site at any

    time. Reason To safeguard the amenity of the locality, and to accord with Policy E3 and EP4 of the

    South Gloucestershire Local Plan (Adopted) January 2006. 6. Within 30 days from the date of decision notice, details of any floodlighting and

    external illuminations (including security lightings), including measures to control light spillage, shall be submitted to the Local Planning Authority for approval. Development shall be carried out in accordance with the approved details.

    Reason To safeguard the amenity of the locality, and to accord with Policies E3 and EP1 of

    the South Gloucestershire Local Plan (Adopted) January 2006.

  • OFFTEM

    ITEM 2 CIRCULATED SCHEDULE NO. 32/12 – 10 AUGUST 2012

    App No.: PK12/1823/F Applicant: Bristol Trade

    Commercials Site: 40A Downend Road Kingswood Bristol

    South Gloucestershire BS15 1SE Date Reg: 28th May 2012

    Proposal: Erection of building for vehicle

    preperation bay (Retrospective) Parish: None

    Map Ref: 364647 174206 Ward: Kings Chase Application Category:

    Minor Target Date:

    19th July 2012

    South Gloucestershire Council 2007.all rights reserved. This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. 100023410, 2008. N.T.S. PK12/1823/F

  • OFFTEM

    INTRODUCTION This application has been referred to the Circulate Schedule due to the receipt of the residents’ objections, contrary to the officer’s recommendation.

    1. THE PROPOSAL

    1.1 The application seeks full planning permission for the erection of a vehicle

    preparation bay at No. 40A Downend Road, Kingswood. The applicant also submitted a full planning application, PK12/0802/F, for the change of use from timber supplier to commercial motor dealership for the same property. Both of them are retrospective applications, and a full report for the later application can also be found in this agenda.

    1.2 The application site lies within an urban area of Kingswood. The applicant indicated that Timber Supplier Limited previously occupied the site, and the site was unoccupied for 18 months since the previous company left the site.

    2. POLICY CONTEXT

    2.1 National Guidance National Planning Policy Framework March 2012

    2.2 Development Plans

    South Gloucestershire Local Plan (Adopted) January 2006 D1 Achieving Good Quality Design in New Development E3 Criteria for Assessing Proposals for Employment Development

    within the Urban Area and Defined Settlement Boundaries EP1 Environmental Pollution T8 Parking Standards T12 Transportation Development Control Policy for New Development South Gloucestershire Core Strategy incorporating Post Submission Changes CS1 High Quality Design CS8 Improving Accessibility

    2.3 Supplementary Planning Guidance

    South Gloucestershire Design Checklist (Adopted) Development in the Green Belt (Adopted)

    3. RELEVANT PLANNING HISTORY The site has been subject to a number of planning history in the past, however, the following are the most relevant to the determination of this application. 3.1 K3700 Retention of portable unit used for office purposes. Approved

    25.08.81

    3.2 K3700/1 Change of use from bakery to retail sales of paving slabs, screen and stone walling (revised plans). Approved 19.01.87

  • OFFTEM

    3.3 K3700/2 Continuation of use of premises as a taxi control office. Refused

    18.02.91

    3.4 K3700/3 Retention of change of use from storage to health studio, and enclosure of external staircase. Refused 09.11.92

    4. CONSULTATION RESPONSES 5.1 Town / Parish Council The site is not located within a parished / town area. 5.2 Other Consultees (including internal consultees of the Council)

    Sustainable Transport: no objection.

    Other Representations

    5.3 Local Residents Although no response is received regarding this proposal, an objection letter has been received during the public consultation of the planning application, PK12/0802/F, for the same site, and a local resident objects the proposal due to its design and overlooking issue.

    5. ANALYSIS OF PROPOSAL

    5.1 Principle of Development The proposed development is to retain the existing building for the use as a vehicle preparation bay. Policy E3 of the South Gloucestershire Local Plan (Adopted) January 2006 indicates that employment development within the Urban Areas is acceptable subject to the following considerations.

    5.2 Design/ Visual Amenity Policy D1 of the South Gloucestershire Local Plan (Adopted) January 2006

    seeks to ensure that new development would achieve a high standard of design. This principle is supported by Policy E3 of the adopted Local Plan and the South Gloucestershire Design Checklist.

    This area is characterised by a wide range of residential and business

    activities. A commercial / industrial building lies to the south of this site, and there is a group of residential properties immediately to the north and west of the site. The site was formerly occupied by Timber Suppliers, a separate planning application, PK12/0802/F, has been submitted for the change of use from timber supplier to commercial motor dealership.

    The building measures 8.3 metres by 9.4 metres and approximately 4.8 metres high to its ridge. It is finished with painted blockwork (white) and is under grey metal coloured roof cladding. Although the building would be visible from Gilbert Road and Downend Road, it would not be highly visible as it is significantly set back from the existing buildings, which lies at the junction of

  • OFFTEM

    Gilbert Road and Downend Road. The proposed building has a simple design and is modest in scale, compared to the existing buildings. Officers therefore consider that the design and the material of the building are acceptable, and the building would not cause significant adverse impact upon the character and appearance of the area.

    5.3 Residential Amenity

    Policy E3 seeks to ensure that new business / employment uses would not have a detrimental impact upon the residential amenity of the occupants of nearby dwellings, and would not have wider detrimental environmental impact. A local resident of Gilbert Road has concerns that the proposal would cause loss of privacy to his property. Currently the hours of operation and delivery to this site are not controlled through planning regulations. However, the approval of this development can appropriately be the subject of conditions restricting the hours of opening and delivery to reasonable business hours. This will have the benefit of removing late night and early morning activity from the premises. Although the applicant has not mentioned the hours of operation with this application, the applicant has indicated in the parallel application, PK12/0802/F, that the hours of opening are 9am until 5pm Mondays to Fridays, 9am until 4pm on Saturdays, and 10am until 2pm on Sundays/Bank or Public Holidays. These hours are considered to be reasonable. As the building would be used for vehicle preparation, officers consider that the proposal would be unlikely to generate unacceptable noise levels. Subject to the following conditions restricting the opening and delivery hours to the site, and there would be no mechanical repairs or bodywork, officers consider that the proposal would not cause unacceptable noise, nuisance and disturbance to the neighbouring properties. The building would be approximately 20 metres away from the site entrance of Gilbert Road, Officers therefore consider that the proposal would not cause significant loss of privacy to warrant a refusal of this application. On this basis, it is not considered that any significant adverse impact, in terms of overlooking or overbearing impact, in residential amenity would be caused.

    5.4 Transportation

    Policy T12 of the South Gloucestershire Local Plan (Adopted) January 2006 seeks to ensure that new development would not have a detrimental impact upon highway safety and amenity. Highway Officer considers both proposals for the change of use of the site and the proposed vehicle preparation bay, and it is considered that both proposals are acceptable in transportation terms.

    6. CONCLUSION

    6.1 In accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004, Local Planning Authorities are required to determine applications in

  • OFFTEM

    accordance with the policies of the Development Plan, unless material considerations indicate otherwise.

    6.2 The recommendation to grant permission has been taken having regard to the

    policies and proposals in the South Gloucestershire Local Plan (Adopted) January 2006 set out above, and to all the relevant material considerations set out in the report.

    6.3 The recommendation to grant permission is for the following reasons:

    i. The principle and positioning of the proposal is considered to be acceptable in design/visual amenity terms.

    ii. The proposal would not cause any significant adverse impact in

    residential amenity.

    iii. The proposal is considered to be acceptable in highway safety terms. 7. RECOMMENDATION

    7.1 That planning permission be granted subject to the following conditions.

    Contact Officer: Olivia Tresise Tel. No. 01454 863761 CONDITIONS 1. No deliveries shall be taken at or despatched from the site outside the hours of 09:00

    and 17.00 Mondays to Fridays, nor at any time on Saturdays, Sundays, Bank or Public Holidays.

    Reason To safeguard the amenity of the locality, and to accord with Policy E3 and EP4 of the

    South Gloucestershire Local Plan (Adopted) January 2006. 2. No sales of vehicles shall take place outside the hours of 09:00 and 17.00 Mondays to

    Fridays, 09:00 and 16.00 on Saturdays, and 10.00 and 14.00 on Sundays, Bank or Public Holidays.

    Reason To safeguard the amenity of the locality, and to accord with Policy E3 and EP4 of the

    South Gloucestershire Local Plan (Adopted) January 2006. 3. No repair or bodywork of vehicles shall take place within the application site. Reason To safeguard the amenity of the locality, and to accord with Policy E3 and EP4 of the

    South Gloucestershire Local Plan (Adopted) January 2006.

  • OFFTEM

    4. Within 30 days from the date of decision notice, details of any floodlighting and external illuminations (including security lightings), including measures to control light spillage, shall be submitted to the Local Planning Authority. Development shall be carried out in accordance with the approved details.

    Reason To safeguard the amenity of the locality, and to accord with Policy E3 and EP4 of the

    South Gloucestershire Local Plan (Adopted) January 2006.

  • OFFTEM

    ITEM 3 CIRCULATED SCHEDULE NO. 32/12 – 10 AUGUST 2012

    App No.: PK12/1962/F Applicant: Miss J Anstey Site: Land At Abson Hill Abson Road

    Pucklechurch Bristol South Gloucestershire

    Date Reg: 25th June 2012

    Proposal: Change of use of land from agricultural to land for the keeping of horses; construction of access (retrospective). Erection of 4no. stables

    Parish: Wick And Abson Parish Council

    Map Ref: 370367 175631 Ward: Boyd Valley Application Category:

    Minor Target Date:

    15th August 2012

    South Gloucestershire Council 2007.all rights reserved. This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. 100023410, 2008. N.T.S. PK12/1962/F

  • OFFTEM

    REASON FOR REPORTING TO CIRCULATED SCHEDULE

    This application has been referred to the Circulated Schedule following the receipt of objections from Pucklechurch Parish Council; the concerns raised being contrary to the Officer recommendation.

    1. THE PROPOSAL 1.1 The application relates to 2.57 acres of agricultural land located to the west of

    Abson Hill, just south of Pucklechurch. The land lies in open countryside within the Bristol & Bath Green Belt and comprises two fields and a small orchard. The applicant already keeps horses on the land and an access was recently introduced into the field from Abson Hill, in this respect the application is in part retrospective. A PROW, LWA 25 bounds the field the field to the south. A separate gate provides access between the two fields.

    1.2 It is proposed to change the use of the fields for the recreational keeping of

    horses and erect a stable block in the south-eastern part of the site. The existing vehicular access would be retained. The stable block would provide 4no. stalls.

    2. POLICY CONTEXT

    2.1 National Guidance The National Planning Policy Framework (NPPF) March 2012

    2.2 Development Plans

    South Gloucestershire Local Plan (Adopted) 6th January 2006 D1 - Design L1 - Landscape Protection and Enhancement L4 - Forest of Avon L9 - Species Protection L17 & L18 - The Water Environment EP1 - Environmental Pollution EP2 - Flood Risk and Development E10 - Horse related development T12 - Transportation LC5 - Proposals for Outdoor Sports and Recreation outside Existing Urban Area and Defined Settlement Boundary LC12 - Recreational Routes

    2.3 South Gloucestershire Core Strategy incorporating Post-Submission Changes

    (Dec. 2011) CS1 - High Quality Design

    CS34 - Rural Areas 2.4 Supplementary Planning Guidance

    The South Gloucestershire Design Checklist (SPD) – Adopted August 2007 SG Landscape Character Assessment (Adopted) Aug 2005 : Landscape Character Area 6; Pucklechurch Ridge & Boyd Valley..

  • OFFTEM

    Development in the Green Belt SPD - Adopted June 2007.

    3. RELEVANT PLANNING HISTORY 3.1 None

    4. CONSULTATION RESPONSES

    4.1 Wick and Abson Parish Council No response

    Pucklechurch Parish Council Pucklechurch Parish Council objects to this application in its current form and would like to make the following observations:

    1. Inadequate detail has been given with regard to the provision being made

    for vehicular access, parking and manoeuvring along a busy stretch of road so as not to give rise to dangerous traffic conditions.

    2. Inadequate detail has been supplied with regard to the storage and disposal

    of horse dung and soiled bedding, run-off from the manure heap, stable washings etc. Whilst there appears to be no watercourse in the immediate vicinity the possibility exists for run off to be carried away via the roadside ditch immediately adjacent to the proposed site into the local watercourses.

    3. No information has been supplied about the potential impact or otherwise of

    the development on current local flora and fauna particularly existing planting and hedgerows.

    4. Councillors have reservations with regard to the capacity of the field to

    support the grazing of 4no horses adequately.

    5. The cumulative impact of multiple developments of this type in the area between Abson and Pucklechurch is having a detrimental impact on the openness of the surrounding landscape in a green belt area.

    4.2 Other Consultees [including internal consultees of the Council]

    The Open Spaces Society No response The Ramblers Association No response PROW The development may affect the nearest recorded public footpath, reference LWA25, which runs from north to south at the western side. No objection subject to compliance with SGC Local Plan Policies and standard limitations

  • OFFTEM

    Ecology There are no ecological constraints to granting planning permission. A suitably worded condition relating to providing an ecological (habitat creation and) management plan should be attached to consent (if granted). Technical Support Street Care No objection subject to a condition to secure a SUDS Drainage Scheme. The Flood Risk Assessment should be sent to the Environment Agency for approval. Environmental Protection No objection. Stable waste should not be stored or burnt adjacent to neighbouring properties, where it may cause a nuisance from smells, flies or smoke. Sustainable Transport The applicant has provided very little or no detail of site access, visibility splays, on-site parking and turning area with this application. Site access is onto Abson Road which is the main road between Pucklechurch and Wick. This road is subject to 40mph and vehicular speeds at this location can therefore be high. In this context, provision of adequate visibility splays from site access onto the public highway is important. The required visibility splays within 40mph speed limit area is 2.4m by 70m. Provision of such a visibility splays may necessities trimming or removal of some of the existing vegetation outside the site entrance. Officers request the applicant to provide the following additional information, 1) The applicant submits for the approval an accurate plan (preferably a ‘topographical’ survey with details of site access the road fronting the site) with vision splays of 2.4m by 70m super-imposed on such plan. 2) The applicant submits for approval the details of parking and turning area on site to ensure that a vehicle (i.e. horsebox vehicle) can enter and leave the site in forward gear.

    Landscape No objection subject to conditions to secure an appropriate land management plan and to ensure that jumps and other paraphernalia are stored alongside the stables when not in use.

    Other Representations

    4.3 Local Residents No responses. Bristol Owls

    A Barn Owl lives on or near the site.

  • OFFTEM

    5. ANALYSIS OF PROPOSAL

    5.1 Principle of Development The NPPF has recently superseded various PPS’s and PPG’s, not least PPG2 – Green Belts and PPS7 – Sustainable Development in the Countryside, and carries a general presumption in favour of sustainable development. Para.2 of the NPPF makes it clear that applications for planning permission must be determined in accordance with the development plan and this includes the Local Plan. Para 12 states that the NPPF does not change the statutory status of the development plan as the starting point for decision-making. Proposed development that conflicts with an up-to-date development plan should be refused unless material considerations indicate otherwise. At para. 211 the NPPF states that for the purposes of decision–taking, the policies in the Local Plan should not be considered out-of-date simply because they were adopted prior to the publication of the NPPF.

    5.2 Para 214 of the NPPF makes it clear that for 12 months from the day of

    publication, decision takers may continue to give full weight to relevant policies adopted since 2004 even if there is a limited degree of conflict with the NPPF.

    5.3 In this case the relevant Local Plan is The South Gloucestershire Local Plan,

    which was adopted Jan 6th 2006. The Council considers that the Local Plan policies referred in this report provide a robust and adequately up to date basis for the determination of the application.

    5.4 The South Gloucestershire Core Strategy incorporating Post-Submission

    Changes Dec 2011 has now been through its Examination in Public (EiP) stage and the Inspector’s findings are still awaited. The policies within The Core Strategy, although a material consideration, are not yet adopted and can therefore still only be afforded limited weight.

    5.5 Policy LC5 of The South Gloucestershire Local Plan (Adopted) 6th Jan 2006,

    states that proposals for outdoor sports and recreation outside the urban area and defined settlement boundaries will be permitted, subject to a number of criteria being met.

    5.6 Furthermore Policy E10 of the South Gloucestershire Local Plan reinforces the

    view that ‘proposals for horse related development such as stables .. will be permitted outside the urban boundaries of settlements’, subject to the following criteria being met:

    A. Development would not have unacceptable environmental effects; and B. Development would not prejudice the amenities of neighbouring

    residential occupiers; and C. Adequate provision is made for vehicular access, parking and

    manoeuvring and would not give rise to traffic conditions to the detriment of highway safety; and

    D. Safe and convenient access to bridleways and riding ways is available to riders; and

    E. There are no existing suitable underused buildings available and capable of conversion; and

  • OFFTEM

    F. The design of buildings, the size of the site and the number of horses to be accommodated has proper regard to the safety and comfort of horses.

    The analysis of the proposal in relation to these criteria is considered below.

    5.7 Impact on the Openness of The Green Belt and Visual Amenity of the Rural

    Landscape Policy GB1 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006

    permits essential facilities for outdoor sport and recreation within the Green Belt and the supporting text to this policy lists ‘small stables’ as an example. Furthermore changes of use of land are permitted that would not have a materially greater impact than the present authorised use on the openness of the Green Belt. Officers are satisfied that in this case the proposal is not inappropriate in the Green Belt and is therefore by definition not harmful to the openness of the Green Belt or the purposes of including land in it.

    5.8 The intention is that no more than 4no. small ponies would be kept on the site

    at any one time and this could be restricted by condition. The general guidelines are that each horse should have between 1-1.5 acres of land; in this case the field is 2.57 acres, however the applicant has confirmed that a further 4 acres of grazing land is available at the top of Abson Road. There is no reason to suspect that the land would be poorly managed as the applicant already grazes her horses on the field. At the time of the officer site visit, during a long period of extreme rainfall, the site showed no evidence of poached land.

    5.8 The countryside surrounding the application site comprises a patchwork of

    fields enclosed by hedgerows. A number of these fields between Abson and Pucklechurch have been made over to equine usage. Whilst it is acknowledged that an over-intensification of such uses can result in harm to the landscape character, this can be avoided if such developments are tightly controlled by conditions.

    5.9 Officers consider that it is inevitable that the owners of horses will require fields

    in the countryside for stabling and grazing purposes. It is officer experience that many such owners live within the urban areas, so fields on the periphery of towns and villages are often where a concentration of equine uses are to be found. This does however have advantages from a sustainability point of view, as trip distance is reduced the closer people live to their sites.

    5.10 At officer request, a Vegetation Plan has now been submitted by the applicant.

    The plan demonstrates that the application site is relatively well enclosed by high hedgerows and vegetation, all of which would be retained. Subject therefore to a comprehensive raft of conditions to control the operation of the site for the stabling and keeping of horses, officers are satisfied that on balance the proposal would not have a significant adverse impact on the character or visual amenity of the landscape or Green Belt.

  • OFFTEM

    5.11 Transportation Issues The agent has confirmed that the field would be used for the recreational

    purposes of the applicant and not for livery use; given the sites location however, this use would need to be secured by condition. Traffic generation would be no different than at present (horses are currently grazed in the field) i.e. food is brought to the site by car, twice daily. It is envisaged that traffic to the site would be limited to a maximum of 1 vehicle at any one time. No horsebox or trailer would be kept on the site and this could be secured by condition.

    5.12 At officer request a plan has been submitted to demonstrate that a visibility

    splay of 2.4m x 70m is achievable on either side of the access. Furthermore an area of hard-standing would be provided within the site which would provide an adequate parking and turning facility. There is already a generous pull-off area to the front of the access gate off Abson Hill.

    5.13 Subject to conditions to restrict the number of horses to 4, prevent any

    commercial use and maintain the visibility splay at the access, Criterion C of Policy E10 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006 is satisfied and there are no highway objections.

    5.14 Environmental Effects and Drainage Issues

    An appropriate condition would secure a SUDS scheme of drainage. The erection of loose jumps and fences and use of portable buildings or trailers could be strictly controlled by conditions. Muck heaps would be located on a concrete base close to the stables; the horses would be bedded on straw and this would be accumulated until collected weekly for use on allotments. It is proposed to locate soakaways to the rear of the stables. A low-level illumination, external light is proposed and this would be run off a small solar panel the details of which could be secured by condition..

    5.15 The disposal of foul waste should be undertaken in accordance with the MAFF

    (now DEFRA) Code of Good Agricultural Practice for the Protection of Water and would be the subject of Environment Agency controls. Any burning of waste manure would be controlled by Environmental Health legislation. Criterion A of Policy E10 is therefore satisfied.

    5.16 Impact Upon Residential Amenity The nearest residential properties lie on the village edge to the north, but these would be a satisfactory distance from the proposed stable block. Horses have previously been grazed on the land. There would therefore be no significant adverse impact on residential amenity.

    5.17 Ecology

    The site consists of a mixture of grassland, scrub, semi-mature trees and hedgerows forming part of a localised area of semi-natural vegetation set amid large arable fields and thus likely to be of value for biodiversity. The site potentially offers suitable habitat for a range of protected or notable species of fauna including badger, hedgehog and slowworm and a variety of species of birds. A barn owl has been recorded flying around the site.

  • OFFTEM

    5.18 The site is not covered by any statutory or non-statutory nature conservation designations. The field has already been used for grazing purposes. A vegetation plan has now been submitted that confirms that none of the existing vegetation would be removed. A suitably worded condition relating to the provision of an ecological (habitat creation and) management plan is justified in this case. It is therefore considered that there would be no adverse impact upon the ecology of the area.

    5.19 Welfare of the Horses

    The stables are considered to be an appropriate size and design for the keeping of horses; the dimensions conform to the British Horse Society standards. A fresh water supply is available in both fields for the horses. The horses would be exercised off-site on local lanes and bridle-ways as at present. It is not proposed to erect jumps on the site.

    5.20 PROW

    A plan has been submitted clearly showing the line of the PROW that runs adjacent to the southern part of the site. The path does not coincide with the access to the field.

    6. CONCLUSION

    6.1 In accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004, Local Planning Authorities are required to determine applications in accordance with the policies of the Development Plan, unless material considerations indicate otherwise.

    The proposed development has been tested against the following policies of the Development Plan and, in the opinion of the Local Planning Authority is not in conflict with the following policies or adopted Supplementary Planning Guidance when read in conjunction with the planning conditions imposed. 1. Careful consideration has been given to the impact of the proposal on

    the openness and visual amenity of the Green Belt and rural landscape in accordance with Policies L1 and GB1 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

    2. Adequate access and parking provision would be provided and the use of the site would be restricted to social and recreational use only - Policies E10 and T12 of the SGLP.

    3. Consideration has been given to the impact of the proposal on the Ecology of the area - Policy L9 of the SGLP.

    4. Consideration has been given to the drainage and environmental issues to result from the proposal - Policies E10, L17, L18, EP1 and EP2.

    5. Consideration has been given to the impact of the development on residential amenity in accordance with Policy E10 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

    6.2 The recommendation to grant planning permission has been taken having

    regard to the policies and proposals in the South Gloucestershire Local Plan

  • OFFTEM

    (Adopted) January 2006 set out above, and to all the relevant material considerations set out in the report.

    7. RECOMMENDATION

    7.1 That planning permission be GRANTED subject to the conditions listed on the Decision Notice.

    Contact Officer: Roger Hemming Tel. No. 01454 863537 CONDITIONS 1. The development hereby permitted shall be begun before the expiration of three years

    from the date of this permission. Reason To comply with the requirements of Section 91 of the Town & Country Planning Act

    1990 (as amended). 2. At no time shall the land and buildings, the subject of this permission, be used for

    livery, riding school or other business purposes whatsoever. Reason 1 To protect the character and appearance of the area and the visual amenity of the

    Green Belt and to accord with Policies L1 and GB1 respectively of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

    Reason 2 In the interests of highway safety, and to accord with Policy T12 of the South

    Gloucestershire Local Plan (Adopted) January 2006. 3. The number of horses kept on the site edged in red on the approved plans shall not

    exceed 4. Reason 1 To protect the character and appearance of the area and the visual amenity of the

    Green Belt and in the interests of the welfare of the horses, to accord with Policies L1, GB1 and E10 respectively of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

    Reason 2 In the interests of highway safety, and to accord with Policy T12 of the South

    Gloucestershire Local Plan (Adopted) January 2006.

  • OFFTEM

    4. Other than those hereby approved, no permanent jumps, fences, gates or other

    structures for accommodating animals and providing associated storage shall be erected on the land. Any temporary jumps and other paraphernalia shall be stored away to the side of the stable block immediately after use.

    Reason To protect the character and appearance of the area and to protect the visual amenity

    of the Green Belt and to accord with Policies L1, GB1 and E10 respectively of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

    5. At no time shall horse boxes, trailers, caravans, van bodies and portable buildings or

    other vehicles be kept on the land other than for the loading and unloading of horses or livestock.

    Reason To protect the character and appearance of the area and to protect the visual amenity

    of the Green Belt and to accord with Policies L1, GB1 and E10 respectively of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

    6. There shall be no burning of manure on the site. Reason To protect residential amenity and to accord with Policy E10 of the South

    Gloucestershire Local Plan (Adopted) 6th Jan 2006. 7. Full details of any external illumination shall be submitted to and approved in writing

    by the Local Planning Authority. The external illumination shall be implemented in accordance with the approved details.

    Reason To protect the character and appearance of the area and to protect the visual amenity

    of the Green Belt and to accord with Policies L1, GB1 and E10 respectively of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

    8. Witin 3 months of the date of this decision, a Land Management Plan shall be

    submitted to and approved in writing by, the Local Planning Authority; thereafter the use of the land, the subject of this approval, shall be managed in accordance with the Land Management Plan approved. (For the avoidance of doubt, the Land Management Plan should include management objectives, a resting and rotation programme, details as to how poaching and overgrazing will be prevented and management of the land in wet weather).

  • OFFTEM

    Reason To protect the character and appearance of the area and to protect the visual amenity

    of the Green Belt and to accord with Policies L1, GB1 and E10 respectively of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

    9. Prior to the commencement of the development hereby approved, an ecological

    habitat creation and management plan shall be drawn up and agreed in writing with the Council, to include details of the habitat to be created (or retained) and how this will be sympathetically managed to the benefit of local wildlife.

    Reason In the interests of the ecology of the area in accordance with Policy L9 of the South

    Gloucestershire Local Plan (Adopted) Jan 2006. 10. Prior to the commencement of development drainage detail proposals incorporating

    Sustainable Drainage Systems (SUDS) and confirmation of hydrological conditions (e.g. soil permeability, watercourses, mining culverts) within the development shall be submitted for approval in writing to the Local Planning Authority. Development shall be carried out in accordance with the approved details and before the first use of the development hereby approved.

    Reason To ensure that a satisfactory means of drainage is provided, and to accord with

    policies L17/L18/EP1 of the South Gloucestershire Local Plan (Adopted) January 2006.

    11. At no time shall white tape be used to sub-divide the field. Reason To protect the character and appearance of the area and to protect the visual amenity

    of the Green Belt and to accord with Policies L1, GB1 and E10 respectively of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

    12. The approved access and visibility splay shall be maintained at all times in

    accordance with the approved Vegetation Plan Sheet 1 of 4 Drawing No. 08. Reason In the interests of highway safety, and to accord with Policy T12 of the South

    Gloucestershire Local Plan (Adopted) January 2006.

  • OFFTEM

    ITEM 4 CIRCULATED SCHEDULE NO. 32/12 – 10 AUGUST 2012

    App No.: PK12/2005/F Applicant: Mrs S Deverell Site: Uplands Farm Beach Lane Upton

    Cheyney South Gloucestershire BS30 6NP

    Date Reg: 28th June 2012

    Proposal: Construction of outdoor swimming pool and associated works.

    Parish: Bitton Parish Council

    Map Ref: 370323 170977 Ward: Bitton Application Category:

    Householder Target Date:

    21st August 2012

    South Gloucestershire Council 2007.all rights reserved. This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. 100023410, 2008. N.T.S. PK12/2005/F

  • OFFTEM

    REASON FOR REPORTING TO CIRCULATED SCHEDULE This application has been referred to the circulated schedule to highlight and address a concern raised by Bitton Parish Council.

    1. THE PROPOSAL 1.1 The applicant is seeking full planning permission for the installation of a

    swimming pool and associated works to the rear of Uplands Farm, Upton Cheyney. The proposed swimming pool would measure 5 metres wide by 10 metres in length, with a surrounding paved hard standing. The pool plant equipment will be contained within an existing plant room.

    1.2 The property is a substantial detached dwelling which consists of several

    converted farm buildings. The site is located within the open countryside, the Bristol Bath Green Belt, Beach Conservation Area and it is within the Cotswold Area of Outstanding Natural Beauty. The site is also located adjacent to the Grade II Listed The Malthouse.

    2. POLICY CONTEXT

    2.1 National Guidance National Planning Policy Framework March 2012

    2.2 Development Plans

    South Gloucestershire Local Plan (Adopted) January 2006 D1 Achieving Good Quality Design in New Development H4 Development within Existing Residential Curtilages, Including

    Extensions and New Dwellings GB1 Development within the Green Belt L1 Landscape Protection and Enhancement L2 Cotswolds Area of Outstanding Natural Beauty L12 Conservation Areas L13 Listed buildings L17 & L18 The Water Environment EP1 Environmental Protection T8 Parking Standards T12 Transportation Development Control South Gloucestershire Core Strategy, Incorporating Post Submission Changes December 2011 CS1 High Quality Design CS5 Location of Development CS9 Environmental Resources and Built Heritage

    2.3 Supplementary Planning Guidance

    South Gloucestershire Design Checklist (Adopted) 2007. South Gloucestershire Council Development in the Green Belt SPD (Adopted) June 2007

  • OFFTEM

    3. RELEVANT PLANNING HISTORY

    The site has been subject to several planning application in the past the most relevant and recent of which are detailed below. 3.1 PK04/3558/F Conversion of barn to form ancillary accommodation.

    Erection of porch and single storey link extension to form additional living accommodation. Installation of 2no. dormer windows. Extension to existing hip end in roof. Creation of 3no. parking spaces. Approved March 2005

    3.2 PK06/0786/F Conversion of barn to form ancillary accommodation.

    Erection of porch and single storey link extension to form additional living accommodation. Installation of 2no. dormer windows. Extension to existing hip end in roof. Creation of 3no. parking spaces. (Amendment to previously approved scheme) Approved May 2006

    4. CONSULTATION RESPONSES

    4.1 Bitton Parish Council No objections. However it has been noted that there appears to be no mention

    of how the soil excavated during the project would be disposed of and Councillors felt that, depending on the applicant’s intentions, this could give rise to concerns.

    4.2 Environmental Protection

    No objections 4.3 Landscape Officer

    No objections 4.4 Archaeology Officer

    No comments on the proposal 4.5 Drainage Officer

    No objections Other Representations

    4.6 Local Residents

    No response received

    5. ANALYSIS OF PROPOSAL

    5.1 Principle of Development Policy H4 of the South Gloucestershire Local Plan (Adopted) 2006 advises that

    extensions should respect the massing, scale, proportions, materials and overall design of the existing property and the character of the street scene and

  • OFFTEM

    surrounding area, they shall not prejudice the amenities of nearby occupiers, and shall not prejudice highway safety nor the retention of an acceptable level of parking provision or prejudice the retention of adequate amenity space. The site is also located within the Green Belt, Cotswolds Area of Outstanding Natural Beauty and the Beach Conservation Area, as such policies GB1, L1, L2 and L12 are also of relevance.

    5.2 Design / Visual Amenity The proposed outdoor swimming pool would be located within the rear garden of Uplands Farm and would be modest in scale. It is considered that the proposal has been designed to be sympathetic with the character of the rural location, the pool would be flush with surrounding lawn level and the surround of the pool would be finished with natural bath limestone, in keeping with the adjacent stone buildings. The agent has confirmed that the pool would be covered during the winter months with a green protective cover to blend with the landscape. The scale and design of the proposal are therefore considered acceptable.

    5.3 Residential Amenity Given the location and nature of the proposal, it is not considered that the proposal would have any detrimental impacts on the neighbouring residential dwellings. Furthermore, given that the pool would be used ancillary to the enjoyment of the dwelling house and the fact that sufficient amenity space would be retained to serve the dwelling, it is considered that the impact on residential amenity is deemed acceptable.

    5.4 Impact on the Green Belt and Surrounding Landscape Although no building is proposed and the pool does not necessarily fall perfectly within the category of a limited extension to a dwelling house, the proposal would be located within a residential curtilage and is not considered to be contrary to any of the five purposes of the Green Belt as defined in the National Planning Policy Framework. As such the proposal is not considered to be inappropriate development.

    The site would be wholly contained within the garden of uplands farm and vegetation within the surrounding landscape restricts any views of the site from the public realm. The pool would be cut into an area of garden that is predominantly flat and no surrounding walls or structures are proposed. Given that the pool would be flush with the existing ground level, and would not be readily visible from the surrounding area, it is not considered that the proposal would have any significant impact on the visual amenity of openness of the Green Belt or surrounding landscape. It has been stated by the agent that the excavated soil will be spread over the adjacent field (which is owned by the applicant) and seeded. It has been confirmed that the applicant has no intention of creating a single mound, furthermore it has been calculated that if the excavated material is spread at a depth of 150mm this would cover an area of approximately 765 square metres, an area roughly the same size as the rear garden. There are no objections to the suggestion that the excavated material is distributed on the area of land immediately north of the rear garden as it is considered that a spread of only

  • OFFTEM

    150mm would result in very little change to the landscape once the grass has colonised. If the field isn’t to be grazed it would be preferable if the soil is also seeded with a wild flower mix which would increase the biodiversity of the area. Given that the site is located within the Cotswolds Area of Outstanding Natural Beauty and within the Bristol Bath Green Belt, it is considered necessary to attach a condition to ensure that the excavated material is distributed as proposed.

    Overall, the Councils Landscape Officer has assessed the proposal and raised no objections to the proposed works. The scheme proposed therefore accords with Policies GB1, L1 and L2 of the South Gloucestershire Local Plan.

    5.5 Impact on the setting of the Listed Building

    The proposal is set away from the nearby listed building, The Malthouse, and given the scale and nature of the works proposed it is not considered that the proposal would have any detrimental impact on the setting of this listed building.

    5.6 Parking and Highway Safety

    The proposed swimming pool would be accessed on foot from the main house and would not have any adverse affects on the existing access and parking provision.

    5.7 Environmental Protection and Drainage

    The Councils Drainage Officer has advised that the chlorinated water associated with the swimming pool must not be discharged into any watercourse, pond, surface water drain/sewer or natural ground water level by direct discharge or soakage during emptying/cleansing to avoid pollution and that emptying into the mains foul drainage system must be agreed with Wessex Water. The agent for the application has confirmed that no chlorine is intended to be used to treat the pool water and that a Bayrol Active Oxygen system has been selected specifically to address the concerns made regarding chlorine. As such there are no objections to the proposal.

    6. CONCLUSION

    6.1 In accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004, Local Planning Authorities are required to determine applications in accordance with the policies of the Development Plan, unless material considerations indicate otherwise.

    6.2 The proposed swimming pool is of an appropriate standard in design and would

    not harm the amenities of the neighbouring properties or the setting of the nearby listed building. Furthermore the proposal is not considered to result in any detrimental impacts on the openness or visual amenity of the Green Belt, Beach Conservation Area or Cotswold Area of Outstanding Natural Beauty and the parking provision would remain in compliance with Policy T8. As such the

  • OFFTEM

    proposal accords with Policies D1, T8, H4, GB1, L12, L13 and L2 of the South Gloucestershire Local Plan (Adopted) 2006.

    6.3 The recommendation to grant permission has been taken having regard to the

    policies and proposals in the South Gloucestershire Local Plan (Adopted) January 2006 set out above, and to all the relevant material considerations set out in the report.

    7. RECOMMENDATION

    7.1 That the application be approved subject to the conditions outlined on the decision notice

    Contact Officer: Kirstie Henshaw Tel. No. 01454 865207 CONDITIONS 1. The development hereby permitted shall be begun before the expiration of three years

    from the date of this permission. Reason To comply with the requirements of Section 91 of the Town & Country Planning Act

    1990 (as amended). 2. Prior to the first use of the swimming pool hereby permitted, the excavated material

    shall be distributed as evenly as possible over the area of land to the north of the curtilage as outlined on the site location plan, reference PLA 001 A, unless details are otherwise agreed in writing by the Local Planning Authority.

    Reason To protect the character and appearance of the area and the visual amenity of the

    Green Belt to accord with Policies D1, L12, GB1 and L2 of the South Gloucestershire Local Plan (Adopted) January 2006.

  • OFFTEM

    ITEM 5 CIRCULATED SCHEDULE NO. 32/12 – 10 AUGUST 2012

    App No.: PK12/2014/F Applicant: Mr C Sims Site: 48 Blackhorse Lane Downend Bristol

    South Gloucestershire BS16 6UA Date Reg: 26th June 2012

    Proposal: Erection of single storey rear extension

    to provide additional living accommodation.

    Parish: Mangotsfield Rural Parish Council

    Map Ref: 366380 177622 Ward: Emersons Green Application Category:

    Householder Target Date:

    20th August 2012

    South Gloucestershire Council 2007.all rights reserved. This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. 100023410, 2008. N.T.S. PK12/2014/F

  • OFFTEM

    REASON FOR REPORTING TO CIRCULATED SCHEDULE

    This application has been referred to the circulated schedule due to the receipt of one letter from a neighbouring property that raised some concerns.

    1. THE PROPOSAL 1.1 The applicant is seeking full planning permission for the erection of a single

    storey rear extension at 48 Blackhorse Lane, Downend. The proposed extension would measure a maximum of 4.8 metres wide by 4.6 metres in depth and would have an overall maximum height to ridge of 3.2 metres. Internal alterations and some minor changes to the fenestration are also proposed however these aspects of the proposal do not require planning permission.

    1.2 The property is a two storey mid terrace dwelling and is located within a

    residential area of Downend.

    2. POLICY CONTEXT

    2.1 National Guidance National Planning Policy Framework

    2.2 Development Plans

    South Gloucestershire Local Plan (Adopted) January 2006 D1 Achieving Good Quality Design in New Development H4 Development within Existing Residential Curtilages, Including

    Extensions and New Dwellings T8 Parking Standards South Gloucestershire Core Strategy, Incorporating Post Submission Changes December 2011 CS1 High Quality Design

    2.3 Supplementary Planning Guidance

    South Gloucestershire Design Checklist (Adopted) 2007.

    3. RELEVANT PLANNING HISTORY 3.1 None relevant

    4. CONSULTATION RESPONSES

    4.1 Mangotsfield Rural Parish Council Recommend approval 4.2 Drainage Officer

    No objections

    4.3 Wessex Water No objections but recommend that the applicant contact them.

  • OFFTEM

    4.4 Local Residents

    One letter has been received from a neighbouring resident raising the following concerns:

    The main sewer runs across the back of the property and will need to be protected

    Drainage will need to be arranged so that the waste pipes run directly to the sewer. Currently waste runs into the shared downpipe with the neighbouring property.

    5. ANALYSIS OF PROPOSAL

    5.1 Principle of Development Policy H4 of the South Gloucestershire Local Plan (Adopted) 2006 advises that

    extensions should respect the massing, scale, proportions, materials and overall design of the existing property and the character of the street scene and surrounding area, they shall not prejudice the amenities of nearby occupiers, and shall not prejudice highway safety nor the retention of an acceptable level of parking provision or prejudice the retention of adequate amenity space.

    5.2 Design / Visual Amenity The proposed extension is of an appropriate standard in design and reflects the character of the main dwelling house and surrounding properties. The extension is quite large measuring 4.5 metres in depth, however given the single storey nature of the proposal it is considered that the extension would be suitably subservient to the bulk of the main dwelling. It is considered that the extension is of a simple design and the resultant building would be well proportioned. Furthermore, the proposed addition would incorporate materials to match those of the main dwelling, assisting the successful integration of the extension with the host dwelling. The proposal also includes small variations to the existing front and rear fenestration, these alterations are small in scale and the are not considered to have any adverse impacts on the character or appearance of the dwelling.

    The proposed extension would be to the rear of the existing dwelling, there are various examples of single storey extensions in the vicinity, furthermore, given the simple design and modest dimensions and the fact that the proposal is located to the rear of the dwelling, it is not considered that the proposal would result in any demonstrable harm to the character and appearance of the principal dwelling and street scene.

    5.3 Residential Amenity The rear of the property is bound on both sides by neighbouring residential properties. The proposal would measure 4.5 metres in depth, however the extension would be located adjacent to the neighbouring properties existing rear conservatory and would only project 1 metre further in depth. As such given the siting of the proposal in combination with the existing boundary treatments in place, and the fact that the nearest neighbouring property, No. 50 Blackhorse Lane is located to the south of the application site, it is not considered that the extension would have any significant overshadowing or overbearing effect on the neighbouring dwellings to warrant the refusal of the

  • OFFTEM

    application. This is especially the case given that the roof would hip away from neighbouring properties.

    The proposed extension includes the addition of one new window on the rear elevation and a side elevation door, both these openings would overlook the properties rear garden. As such it is considered that there are no issues of inter-visibility or loss of privacy. Therefore the impact on residential amenity is subsequently deemed acceptable.

    5.4 Parking and Highway Safety

    The application would not affect the off street parking that the property currently benefits from. As such it is considered that the parking provision would remain in compliance and within the Councils required parking standards.

    5.5 Drainage

    Concern has been raised by a neighbouring resident with regard to location of the sewer pipes. It should be noted that any works to the sewer pipe and any proposed new connections would be covered by building regulations and Wessex Water. The Councils Drainage Engineer has assessed the proposal and whist there are no objections to the development proposed it is noted that the proposal may effect the location of an existing public sewer. Wessex water also commented on this in their consultation reply. As such an informative will be attached to ensure that the applicant/agent is aware of this and knows to contact Wessex Water for advice.

    6. CONCLUSION

    6.1 In accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004, Local Planning Authorities are required to determine applications in accordance with the policies of the Development Plan, unless material considerations indicate otherwise.

    6.2 The proposed extension is of an appropriate standard in design and is in

    keeping with the scale and proportions of the main dwelling house and surrounding properties. Furthermore it is not considered that the extension would harm the amenities of the neighbouring properties by reason of loss of privacy or overbearing impact and the parking provision would remain in compliance with Policy T8. As such the proposal accords with Policies D1, T8 and H4 of the South Gloucestershire Local Plan (Adopted) 2006.

    6.3 The recommendation to grant permission has been taken having regard to the

    policies and proposals in the South Gloucestershire Local Plan (Adopted) January 2006 set out above, and to all the relevant material considerations set out in the report.

    7. RECOMMENDATION

    7.1 That the application be approved subject to the conditions outlined below.

  • OFFTEM

    Contact Officer: Kirstie Henshaw Tel. No. 01454 865207 CONDITIONS 1. The development hereby permitted shall be begun before the expiration of three years

    from the date of this permission. Reason To comply with the requirements of Section 91 of the Town & Country Planning Act

    1990 (as amended).

  • OFFTEM

    ITEM 6 CIRCULATED SCHEDULE NO. 32/12 – 10 AUGUST 2012

    App No.: PK12/2028/PNS Applicant: Network Rail Site: Dodington Road Bridge Chipping Sodbury

    South Gloucestershire BS37 6HR Date Reg: 21st June 2012

    Proposal: Request for Prior Approval under Part 11

    Class A to Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 for alterations/works to the parapets to Dodington Road Bridge.

    Parish: Dodington Parish Council

    Map Ref: 372578 181596 Ward: Chipping Sodbury Application Category:

    Minor Target Date:

    15th August 2012

    South Gloucestershire Council 2007.all rights reserved. This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. 100023410, 2008. N.T.S. PK12/2028/PNS

  • OFFTEM

    REASON FOR REPORTING TO CIRCULATED SCHEDULE

    The application is referred to the circulated schedule as there is public comment which raises concerns over traffic safety at the bridge subject of this application; and these concerns are raised in the light of the officer recommendation to raise no objection to the proposed works.

    1. THE PROPOSAL 1.1 The application seeks Prior Approval for the provision of raised bridge parapets

    affecting this road bridge. This application is one of ten such applications affecting bridges along the stretch of the Great Western Mainline Railway between Bristol Parkway Station and Acton Turnville. The parapet works are required in connection with the planned electrification of the Great Western Mainline Railway.

    1.2 The site comprises the Dodington Road Bridge which spans the railway on Liliput Road, Doddington. The bridge itself is of stone construction with an engineering brick parapet. The bridge was constructed between 1897 and 1903. Currently the parapets are between 1565mm and 1050mm above road level. The proposed works would increase the height of the existing parapets to a minimum height of 1550mm above road level

    1.3 This is not a planning application. The application is for Prior Approval of the

    above works under Part 11 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995.

    2. POLICY CONTEXT

    2.1 The Town and Country Planning (General Permitted Development) Order 1995; Part 11, Schedule 2.

    3. RELEVANT PLANNING HISTORY

    3.1 None

    4. CONSULTATION RESPONSES

    4.1 Doddington Parish Council No comment is received

    4.2 Highways Authority

    The Highways Engineer acknowledges that the works proposed represent permitted development and as such does not object in principle. However, in this instance, the highways Engineer has drawn attention to the forward visibility issues apparent on this bridge; and that the proposed parapets have the potential to compound this issue. In this regard the Highways Engineer has suggested that Network Rail liaise with The South Gloucestershire Council Highways department with a view to working in partnership to provide specific mitigation measures to offset any impact.

  • OFFTEM

    4.3 Conservation Officer Comments received relate to 9 of the 10 individual prior notifications applications. This bridge is one which is referred to in the comments. The conservation officer acknowledges that the proposed works are permitted development and no objection is raised to the development in principle. However, the comments make constructive suggestions in respect of the use of alternative materials to the proposed concrete.

    Other Representations

    4.4 Local Residents

    Two sets of comments are received. The comments indicate that the purpose of the proposed works are understood. However, there is concern over the impact that the works would have upon highway safety as a result of further obstruction to the visibility along the bridge from the highway. Comments also raise concern that the bridge is used by heavy vehicles and is used as a route to school facilities.

    5. ANALYSIS OF PROPOSAL

    5.1 Principle of Development Part 11 of Schedule 2 of the Town and Country Planning (General Permitted

    Development) Order 1995 (the GPDO) permits development that has been authorised local or private Acts of Parliament. In this instance the development is authorised by Section 16 of the Railway Clauses Consolidation Act 1845. This granted the Railway Company (at that time) and it’s successors in title the right to construct, alter, repair or continue railway bridges.

    5.2 Part 11 of the GPDO (at paragraph a.2) sets out that prior approval is not to be refused by the Local Planning Authority nor are conditions to be imposed unless it is satisfied that;

    i) the development ought to be, and could reasonably be, carried out

    elsewhere on the land; ii) the design or external appearance of any building would injure the

    amenities of the neighbourhood and is reasonably capable of modification to avoid such injury.

    5.3 Analysis

    It is proposed that the existing parapet on the bridge is raised by 480mm to 680mm. The works will result in the bridge parapets being a uniform height of 1550mm above pavement level. The work would essentially involve the removal of the top course of bricks currently forming the parapet of the bridge; as well as the existing steel mesh parapet extension currently installed on the East bound (London) side of the bridge. This would be replaced with two courses of bricks that would then be topped with pre-cast concrete ‘steeple’. This is triangular in shape with the steep side being ‘track side’ of each respective parapet. The works are required to allow the bridge to comply with statutory requirements for the electrification of the railway.

  • OFFTEM

    5.4 The Local Planning Authority can consider only the functional need of the works; and whether or not the works would be harmful to visual amenity. In this instance it is clear that there is a functional need to carry out the works in order to ensure that the bridge meets the statutory requirements associated with the electrification of the Great Western Mainline Railway. In this instance it is considered that there is no reasonable prospect of meeting these requirements elsewhere on the land. The works would be functional in appearance. The comments of the Conservation officer are noted. However, it is not considered that the appearance of the bridges following the works would have a harmful impact upon the visual amenity.

    5.5 Highway Safety

    The provisions of Part 11 of the GPDO do not allow for consideration of highway safety as part of this application for Prior Approval. The highway Authority has acknowledged that this is the case. However, the highways engineer has highlighted that the bridge is currently sub-standard in respect of forward visibility across it. Local residents have also raised this issue as an area for concern. Notwithstanding the requirements of this application, Network Rail has