Planning Committee agenda 29 January 2014PLANNING COMMITTEE - 29TH JANUARY 2014
A meeting of the Planning Committee will be held at 5.30 pm on Wednesday 29th
January 2014 in the Council Chamber, Town Hall, Rugby.
Site visit
A site visit will be held at the following time and location.
3.00pm Yardleys Meadow, Stretton Road, Wolston.
Andrew Gabbitas Executive Director
Note: Members are reminded that, when declaring interests, they should declare the existence and nature of their interests at the commencement of the meeting (or as soon as the interest becomes apparent). If that interest is a pecuniary interest, the Member must withdraw from the room unless one of the exceptions applies.
Membership of Warwickshire County Council or any Parish Council is classed as a non-pecuniary interest under the Code of Conduct. A Member does not need to declare this interest unless the Member chooses to speak on a matter relating to their membership. If the Member does not wish to speak on the matter, the Member may still vote on the matter without making a declaration.
A G E N D A
PART 1 – PUBLIC BUSINESS
1. Minutes.
To confirm the minutes of the meeting held on 18th December 2013 and the special meeting held on 8th January 2014.
2. Apologies.
3. Declarations of Interest.
To receive declarations of –
(a) non-pecuniary interests as defined by the Council’s Code of Conduct for Councillors;
(b) pecuniary interests as defined by the Council’s Code of Conduct for Councillors; and
(c) notice under Section 106 Local Government Finance Act 1992 – non- payment of Community Charge or Council Tax.
4. Applications for Consideration.
6. Planning Appeals Update.
7. Advance Notice of Site Visits for Planning Applications - no advance notice of site visits has been received.
8. Delegated Decisions – 5th December 2013 – 9th January 2014.
PART 2 – EXEMPT INFORMATION
There is no business involving exempt information to be transacted.
Any additional papers for this meeting can be accessed via the website.
The Reports of Officers (Ref. PLN 2013/14 – 14) are attached.
Membership of the Committee:-
Councillors Ms Robbins (Chairman), Mrs Avis, Butlin, Cranham, G Francis, M Francis, Mrs New, Pacey-Day, Sandison, Srivastava, Helen Walton and M Walton.
If you have any general queries with regard to this agenda please contact Claire Waleczek, Senior Democratic and Scrutiny Services Officer (01788 533524 or e- mail claire.waleczek@rugby.gov.uk). Any specific queries concerning reports should be directed to the listed contact officer.
If you wish to attend the meeting and have any special requirements for access please contact the Democratic and Scrutiny Services Officer named above.
The Council now operates a public speaking procedure at Planning Committee. Details of the procedure, including how to register to speak, can be found on the Council’s website (www.rugby.gov.uk/speakingatplanning).
AGENDA ITEM 4
R U G B Y B O R O U G H C O U N C I L
PLANNING COMMITTEE – 29TH JANUARY 2014
REPORT OF THE HEAD OF PLANNING AND CULTURE
APPLICATIONS FOR CONSIDERATION
Planning applications for consideration by Committee are set out as follows:
(i) applications recommended for refusal with the reason(s) for refusal (pink pages)
(ii) applications recommended for approval with suggested conditions (yellow pages).
RECOMMENDATION
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Location Site and Description Page number
1 R13/0940 Lion Farm House, 48 Rugby Road, Dunchurch Creation of a 'zero carbon' eco house.
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Location Site and Description Page number
2 R13/0942 Unit 4 Avon Industrial Estate, Butlers Leap Change of use from B2 to ambulance response post (sui generis).
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3 R13/1421 Yardleys Meadow, Stretton Road, Wolston Erection of an agricultural building for storage of hay and machinery including the provision of 3 holding / isolation stables.
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4 R13/0372 High Tor, Shilton Lane, Shilton Use of land as a private gypsy and traveller caravan site for up to 3 pitches together with the formation of hardstandings and erection of an amenity block (retrospective).
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5 R13/0295 Land on the West Side of Oxford Road (Sunrise Park), Ryton-on-Dunsmore Use of land for the siting of caravans for residential purposes. (Removal of Condition 1 (the use of the land for a limited period of 4 years) of Planning Permission APP/E3715/C/09/2110115 (R09/0291/MDPT) granted on appeal on 4th February 2010 to allow the permanent occupation of the land by the applicants. (Re-submission of previously withdrawn application R12/1225 dated 28/11/2012)) together with the creation of an earth bund and associated landscaping works.
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6 R13/1916 Land at Gala and Cemex House, Evreux Way, Rugby Outline application for erection of building for retail (Class A1), office (Class B1) and leisure (Classes D2, A3, A4 and A5) uses, with associated works including demolition of existing buildings. All matters reserved except for access.
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7 R13/0124 Former Warwickshire College, Lower Hillmorton Road, Rugby, CV21 3QS Outline application for Class C3 residential development of up to 131 dwellings and provision of 0.4 hectare of land for the provision of a Class C2 Extra Care facility, with associated works and landscaping. All matters reserved except for access.
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8 R13/1773 Land to the rear of 69a to 89 Hillmorton Road, Rugby Outline permission for the erection of up to 12 residential dwellings including access, parking and bin store.
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9 R12/1353 Coton House, Lutterworth Road, Churchover, Rugby, CV23 0AA A Hybrid Planning Application seeking full planning permission for the demolition of redundant buildings, alterations to existing access on to A426, change of use and extension of Coton House to form 4 dwellings, construction of garaging to serve Coton House, change of use of stable buildings and extension to form 8 dwellings, change of use of the old dairy and extension to form 1 dwelling, conversion of buildings H, J & K to form 3 dwellings, engineering works to form a noise bund, below ground installation of private sewage treatment plant; and Outline Planning Permission for the provision of a new estate village comprising of the provision of 60 dwellings together with internal access, road layout, car parking, relocation of electricity sub-station, landscaping and open space and 2 bat barns (access and layout to be considered at this stage)
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10 R13/0783 The Old Dairy, Coton House, Lutterworth Road, Churchover, Rugby, CV23 0AA Listed Building Application for the alteration and extension of the Old Dairy to form a single dwellinghouse.
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11 R13/0786 The Stable Block, Coton House, Lutterworth Road, Churchover, Rugby, CV23 0AA Listed Building Application for the alterations and extensions of the Stable Block to form 8 dwellings.
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12 R13/0790 Coton House, Lutterworth Road, Churchover, Rugby, Warwickshire, CV23 0AA Listed Building Application for alterations and first floor extension of Coton House to form 4 dwellings
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13 R13/0928 The Former Stable Block & Adjacent Buildings, Coton House, Lutterworth Road, Churchover, Rugby, CV23 0AA Listed Building Application for the partial demolition of the Stable Block Building and for the demolition of structures within the curtilage of the Stable Block Building.
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Description: Creation of a 'zero carbon' eco house
Case Officer Name & Number: John Wilbraham – 01788 533549
Site Description The site lies within the open countryside between the village of Dunchurch and the Rugby Urban Area. Lion Farm House sits in a large plot with hardstanding parking to the front and a paddock area to the northeast which is separated into two parcels of land by post and rail fence. To the rear of the site are the Bilton Grange School grounds which are classed as a Registered Park and Garden. Running along the rear boundary of the site and the school grounds is a public footpath which leads to the church in the centre of Dunchurch village. To the front of the site is Rugby Road which is one of the main link roads between Dunchurch and Rugby Town.
Proposal Description The application is seeking permission for the erection of a new zero carbon detached dwelling on land to the north east of Lion House. The dwelling would comprise of 3 bedrooms in the main body with an attached double garage whilst to the rear would be a single storey annex element linked via a lobby that contains a guest bedroom and the plant room. The design incorporates a multitude of energy saving technologies including solar panels, biomass boiler and grey water harvesting methods. A triangular parcel of land on the northern side of the proposed dwelling would be retained within the ownership of the applicant, although there appears to be no access to it from Lion Farm except for across the site of the proposed dwelling.
Relevant Planning History
English Heritage – no comments received to date (consultations expired 18/12/13)
Garden Society – no objections in terms of the impact of the proposal on Bilton Grange Park subject to conditions being imposed which strengthen boundary tree planting. Do have some concerns with the style and design of the proposal not representing a converted working building due to scale and aggressive use of detail (29/11/13)
Severn Trent – no comments received to date (consultations expired 18/12/13)
WCC Ecology – no comments received to date (consultations expired 18/12/13)
WCC Highways – no objections subject to five conditions including the widening of the access and provision a turning area and two standard highway advisory notes (11/12/13)
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Third Party Responses
Cllr G Francis – I confirm my telephone call today to call this application in to the Planning Committee. My reason is that the Committee should welcome the chance to discuss the very important ecological features of this application (29/11/13)
Parish – no comments received to date (consultations expired 18/12/13)
Neighbours – no comments received to date (consultations expired 18/12/13)
Relevant Planning Policies and Guidance
Core Strategy CS1 Does not comply Development Strategy CS16 Does not comply Sustainable Design
Saved Local Plan Policies E6 Complies Biodiversity T5 Complies Parking Facilities GP 2 Complies Landscaping
National Policy National Planning Policy Framework (NPPF)
Guidance Sustainable Design and Construction SPD
Assessment of Proposals
In the assessment of this application, the determining factors are the principle of development, the impact of the proposed development on the qualities, character and amenity of the area and the setting of the heritage asset, amenity of neighbouring properties, impact on highway safety and impact on protected species.
Principle of Development The application site is located outside of the village boundary of Dunchurch in open countryside, which under Policy CS1 is an area where new development is not supported unless national policy allows for it. Paragraph 12 of the NPPF states that development proposals should be approved where they accord with an up-to-date Local Plan but where the development conflicts with the Local Plan it should be refused unless other material considerations indicate otherwise. In the current instance a material consideration is that the Authority does not presently have a five year housing land supply and therefore there is a presumption in the NPPF for granting sustainable forms of development, unless the harm caused by the proposal is considered to significantly and demonstrably outweigh the benefits of granting it.
There are three main strands of sustainable development; these are social, economic and environmental. An assessment therefore has to be made on these three aspects to weigh up if the proposal can be considered to be sustainable development.
Social; the proposal would be for an open market dwelling and therefore is not considered to be meeting the needs of local people by being affordable or limited to local people. The house would be located adjacent to Lion Farm with a bungalow the other side of that property. This complex of properties are somewhat ‘out on a limb’ from the village boundary, approximately 150m to the site of the proposed dwelling.
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Based on this it is considered unlikely that the new property could be said to be part of a local community which would be another consideration of the social element of sustainable development. The development is therefore considered to perform negatively on the social element of sustainable development.
Economic; the new dwelling could be considered to give a very short term boost to the local economy during the building process. Additionally given that it is only one dwelling being proposed there is considered to be only a limited economic gain for local services. Overall the proposal is considered to have very limited benefits under the economic strand of sustainable development.
Environmental; the property has been designed to meet Level 6 of the Code for Sustainable Homes which is the highest level set out in this guidance, which is the minimum level expected to be achieved for all dwellings by 2016. Another aspect of environmental sustainability is the ability to utilise means of transport other than the private car to access local services. Whilst it is accepted that the site is within walking and cycling distance of local services the wider scope of environmental sustainability needs to be considered. Having a site located outside of a village boundary but within walking and cycling distance of it does not automatically make the location sustainable, as being sited outside a settlement could lead to people choosing cars for transportation. The site is currently garden land in open countryside which also weighs against the development from an environmental point of view. It is therefore considered the proposed dwelling has a neutral impact on the environmental aspect of sustainable development.
Weighing up the above assessments it is clear that the proposal does not fully chime with the principles of sustainable development as set out in the NPPF and therefore the development is unacceptable in principle and should be refused.
Another consideration is that the NPPF resists the creation of isolated homes in the open countryside, although in the present case the siting of the dwelling could be considered not to be isolated given its relationship with Lion Farm and the bungalow no. 48a Rugby Road. However the properties are still an isolated group of development in the open countryside which an additional dwelling would further erode. The issue of housing land supply is also another factor in the determination of this proposal. It is considered that one property in an open countryside location does not contribute sufficiently to the housing supply to warrant supporting the application against the prevailing policies in the Core Strategy.
The argument is also put forward that the property could be approved under Paragraph 55 of the NPPF. This states that new isolated homes in the countryside should be avoided unless there are special circumstances for approving them. One of these exceptions is where the property is considered to be of exceptional quality or due to the innovative nature of the design. This Paragraph goes on to state that the design should: – be truly outstanding or innovative, helping to raise standards of design more generally in rural areas; – reflect the highest standards in architecture; – significantly enhance its immediate setting; and – be sensitive to the defining characteristics of the local area.
Having assessed the plans and the design of the proposed property it is not considered that the dwelling can be said to meet the 4 criteria set out in Paragraph 55 above. Whilst the development is of a high standard it is modelled on a fairly
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traditional farmhouse design with modern elements included and therefore cannot be said to be truly innovative or of exceptional design.
Weighing up all of the above issues it is considered that the proposal is unacceptable in principle due to being contrary to the Policy CS1 of the Authority’s Core Strategy and the principles contained within the NPPF. The harm caused by approving the dwelling is considered to significantly and demonstrably outweigh the benefits of granting it.
Impact on the qualities, character and amenity of the area and the setting of the heritage asset Policy CS16 states that development will only be allowed where proposals are of a scale, density and design that would not cause any material harm to the qualities, character and amenity of the areas in which they are situated. Paragraphs 56 and 57 of the NPPF require all development proposals to be of a high quality design. Part 12 of the NPPF states that development proposals should conserve and enhance heritage assets and their setting.
The property is described in the design and access statement as forming the third side of a U-shaped farmstead and has been modelled on a ‘converted working building’. However it is considered to bear more resemblance to a farmhouse and it also appears to be at least as tall as the existing dwelling which further adds to this view. There is no visual relationship with the other properties that would be expected on a farmstead with the dwelling proposed to be a mix of pastiche timber framing coupled with an excessive amount of glazing and polychromatic brick detailing that would be at odds with the style of the existing dwelling, which is a mix of dark bricks and white painted render, or the bungalow located on the opposite side of that property, which is a simple 1980’s style brick and tile bungalow. It is considered that a building in a rural location, especially one modelled on a converted working building, should be much simpler in style and design.
The design and access statement mentions the design principles have taken inspiration from Bilton Grange, Rugby School and a number of properties within the centre of Dunchurch. However it is considered that these elements are all remote from this site, except for Bilton Grange although there is no direct visual bearing on the location which would justify the design that has been put forward. Whilst it is accepted that the dwelling would be of a high standard the actual appearance of it is considered to be incongruous in this location. The amount of polychromatic brick design and glazing does not lend itself to the character of a ‘converted working building’ nor a traditional farmhouse. Consideration has also been given to the setting the Bilton Grange Registered Historic Parkland located to the rear of the site. Given the overly complex design of the property it is not considered to make a positive contribution to the setting of this Registered Parkland having regard to Part 12 of the NPPF.
For these reasons the scheme is considered unacceptable on design grounds having regard to Policy CS16 and Paragraphs 56, 57 and Part 12 of the NPPF.
Impact upon the amenity of neighbouring properties Policy CS16 also states that development should ensure that the amenities of existing and future neighbouring occupiers are safeguarded.
The nearest neighbouring property to the proposed dwelling would be the applicant’s own property which would be approximately 14m away at its nearest point. The
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distance between the main bodies of both houses would be approximately 25m. Given the separation distances between the dwellings it is not considered there would be an adverse impact in terms of loss of light or overbearing caused by the proposed dwelling having regard to Policy CS16 and the residential design guide.
Impact on protected species Saved Local Plan Policy E6 states that the Borough Council will seek to safeguard, maintain and enhance features of ecological and geological importance. Paragraph 118 of the NPPF requires local authorities to have regard to the conservation and preservation of protected species and their habitats.
The proposed dwelling would be sited on existing garden land and would not require the demolition of any existing buildings or the felling of any trees. Based on this it is considered that the proposal will not have an adverse impact on protected species having regard to policy E6 and Paragraph 118 of the NPPF.
Impact on parking and highway safety Saved Local Plan Policy T5 states that planning permission will only be granted for development which incorporates satisfactory parking facilities. Furthermore, the Planning Obligations SPD details parking standards which should be provided for various types of development. Paragraph 39 of the NPPF requires development proposals to have regard to the safety of all highway users.
The existing access off Rugby Road to the applicant’s property would be utilised for the new property. This drive way has an existing field access off it which leads to the paddock area at the side of Lion Farm House. There would be a hardstanding area for parking together with a turning head provided within the site to allow vehicles to exit in a forward gear. The County Highways Officer has commented that the access to the site will need to be widened to meet the minimum width of 5m and a suitable turning area provided so cars can leave in a forward gear. Other minor issues were raised but these can all be dealt with via conditions as suggested by the Highway’s Officer who overall had no objections. Subject to these conditions and notes being attached it is considered the proposal would not harm highway safety and would therefore comply with the contents of Saved Policy T5, the Planning Obligations SPD and Paragraph 39 of the NPPF.
Other Matters There are a number of large mature trees on the front and rear boundaries of the site but none are proposed to be lost as part of this application. The distance of the proposed dwelling from these trees sets it outside of their root protection zones which ensures there would be no adverse impact caused to them by the development having regard to Saved Policy GP2 and Part 11 of the NPPF.
Recommendation:
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APPLICATION NUMBER DATE VALID R13/0940 22/11/2013
ADDRESS OF DEVELOPMENT APPLICANT/AGENT LION FARM Richard Palmer 48 RUGBY ROAD Hb Architects RUGBY The Triforium CV22 6PW 17 Warwick Street
Rugby Warwickshire CV21 3DH On behalf of Mr Peter Jenkins
APPLICATION DESCRIPTION Creation of a 'zero carbon' eco house
CONDITIONS, REASONS & RELEVANT DEVELOPMENT PLAN POLICIES
REASON FOR REFUSAL: The site is located outside any settlement which is identified as suitable for new residential development under the provisions of Policy CS1 of the Core Strategy. A new dwelling in this location is not considered to meet the criteria as set out within Paragraph 55 of the NPPF.
Notwithstanding the lack of a 5 year housing land supply, the development does not constitute a sustainable form of development having assessed it against the economic, environmental and social aspects of the National Planning Policy Framework and the harm which would arise through the erection of a dwelling in an unsustainable location is considered to significantly and demonstrably outweigh any benefits of the development. The development is therefore contrary to Policies CS1 and CS16 of the Core Strategy and Paragraph 55 of the NPPF.
The proposed dwelling is considered to be incongruous in this countryside location given the mix of pastiche timber framing coupled with an excessive amount of glazing and polychromatic brick detailing which does not lend itself to the character of a ‘converted working building’ as stated in the design and access statement nor does it respect or relate to the style of the adjacent dwellings. The overly complex design of the property is not considered to make a positive contribution to the setting of the Bilton Grange Registered Historic Parkland located to the rear of the site. For these reasons the scheme is considered unacceptable on design grounds having regard to Policy CS16 and Paragraphs 56, 57 and Part 12 of the NPPF.
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Site address: Unit 4 Avon Industrial Estate, Butlers Leap
Description: Change of use from B2 to ambulance response post (sui generis)
Case Officer Name & Number: John Wilbraham – 01788 533549
Site Description The site lies within the Rugby Urban Area on Avon Industrial Estate which is an established industrial estate located off Butlers Leap. The unit is located at the top end of the industrial estate with the rear boundary adjoining Arches Lane. There is an associated parking space located at the entrance to the forecourt of this and the adjoining unit.
Proposal Description The application is seeking permission to change the use of an existing but vacant B2 unit to that of an ambulance response post which is classified as sui generis. No external changes are proposed to the building.
Relevant Planning History
Environment Agency – refer to standing advice (26/11/13)
WCC Ecology – no comments received to date (comments were due by 12/12/13)
WCC Highways – no objections but applicant should be aware of established parking and loading patterns on the estate which could potentially cause delays to response times for which the Authority would not be willing to introduce parking restrictions (23/12/13)
Third Party Responses
Cllr – no comments received to date (comments were due by 12/12/13)
Neighbours – no comments received to date (comments were due by 12/12/13)
Relevant Planning Policies and Guidance
Core Strategy CS16 Complies Sustainable Design
Saved Local Plan Policies ED5 Does not comply Retention of Existing Strategically Significant Employment Sites E6 Complies Biodiversity T5 Complies Parking Facilities
National Policy
Assessment of Proposals
In the assessment of this application the determining factors are the principle of the development, the impact of the proposed development on the qualities, character and amenity of the area, impact on flood zone, amenity of neighbouring properties, impact on highway safety and impact on protected species.
Principle of Development The site is located within a Strategically Significant Employment Site which is covered by Saved Policy ED5. This states that only businesses within the B1, B2 and B8 Use Classes shall be allowed at these locations to protect employment locations and where other uses would not be acceptable. The current proposal is for a sui generis use for an ambulance response post to be established at the unit. This follows a reorganising of the ambulance service and the way they respond to emergencies. Rather than having centralised ambulance stations, smaller response units are being set up to provide better coverage of areas and to continue meeting required response times. The agent has submitted information to try and justify why this site, rather than one outside of a protected employment site, has been chosen.
This information states that to meet the 8 minute response times required by the service Rugby needs to have two response sites, one for the south of the town and one for the north. Presently the south of Rugby is served by the response unit located at St Cross Hospital however due to the railway line which divides the town it is not possible for them to reach the north of the town within the 8 minute timeframe. Presently the north of the town is served from the site located at the old ambulance station however this has been sold and the new owner wants possession due to their redevelopment scheme. Aside from the need to find a site located north of the railway line the other constraints for finding a unit relate to its connection to the main road network, having an access into the building big enough to accommodate an ambulance and parking provision for the paramedics. The applicant has stated that no other suitable sites could be identified which met these criteria and were available immediately other than the current unit, which has been empty for over a year.
It is accepted that the applicant has not submitted sufficient evidence as to the consideration of other sites, outside of those contained within ED5, which might be available to meet the applicant’s requirements prior to the change of use of the unit to that which is outside of a B1, B2 or B8 use. This is weighed up against the need to ensure an essential service continues to be able to operate in the town and has the added benefit of bringing back into use a unit which has stood empty for a number of months. Consideration has also been given to the actual nature of the new use which is unlike a retail activity and would seem to suit an industrial estate location.
Whilst the proposal does not conform with Saved Policy ED5, based on the specific circumstances of the proposed use it is considered that on balance the proposal can be supported contrary to Saved Policy ED5 in this instance.
Impact on the qualities, character and amenity of the area Policy CS16 states that development will only be allowed where proposals are of a scale, density and design that would not cause any material harm to the qualities, character and amenity of the areas in which they are situated. Similarly, Paragraphs 56 and 57 of the NPPF require all development proposals to be of a high quality design.
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There are no physical changes proposed to the unit and therefore the development is considered to be acceptable in regard to Policy CS16 and Paragraphs 56 and 57 of the NPPF.
Impact on flood zone Part 10 of the NPPF sets out how development should help to meet the challenge of climate change and flooding.
The site is located within a Flood Zone 2 area and is classified as a ‘less vulnerable’ development on the Environment Agency’s classification list. The applicant has provided a flood risk assessment which indicates that there will be no impact on flood storage capacity or flooding issues elsewhere due to the development not increasing the footprint of the site. Given the scale of the development the Environment Agency’s standing advice is applicable in this instance, which states that surface water should be managed appropriately and flood defences incorporated where appropriate. Based on this advice and the submitted flood risk assessment it is considered the proposal will not have a greater impact on the flood risk of the area having regard to Part 10 of the NPPF.
Impact upon the amenity of neighbouring properties Policy CS16 also states that development should ensure that the amenities of existing and future neighbouring occupiers are safeguarded.
The site is located on an existing industrial site with no residential properties nearby. Information has been submitted regarding the potential concerns of noise from the sirens and when they would be used. It is stated that they are generally used only during the day given the increased amount of hazards about in conjunction with flashing lights which are employed at all times. Given the lack of nearby residents and the industrial nature of the area during the day, the change of use is not considered to give rise to undue impacts in terms of noise issues having regard to Policy CS16.
Impact on protected species Saved Local Plan Policy E6 states that the Borough Council will seek to safeguard, maintain and enhance features of ecological and geological importance. Paragraph 118 of the NPPF requires local authorities to have regard to the conservation and preservation of protected species and their habitats.
Given that the application is purely for a change of use with no external changes proposed it is not considered protected species will be adversely affected having regard to Saved Policy E6 and Paragraph 118 of the NPPF.
Impact on parking and highway safety Saved Local Plan Policy T5 states that planning permission will only be granted for development which incorporates satisfactory parking facilities. Furthermore, the Planning Obligations SPD details parking standards which should be provided for various types of development. Paragraph 39 of the NPPF requires development proposals to have regard to the safety of all highway users.
County Highways were consulted on the proposal and raised no objections to the scheme. They did comment that the existing parking and delivery patterns at the site would have to be taken into account by the paramedics to ensure they were not blocked in. It is considered that the applicant’s will be aware of the existing traffic patterns at the site which would have been factored in to their decision to apply for
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the change of use. In terms of parking there is one external car parking space associated with the unit as well as the ability to park the ambulance within the unit.
Overall the development is not considered to cause harm to highway safety and complies with the contents of Saved Policy T5, the contents of the Planning Obligations SPD and Paragraph 39 of the NPPF.
Recommendation: Approve subject to appropriate conditions.
DRAFT DECISION
APPLICATION NUMBER DATE VALID R13/0942 15/11/2013
ADDRESS OF DEVELOPMENT APPLICANT/AGENT UNIT 4 AVON INDUSTRIAL ESTATE Mr Ian Cliffe BUTLERS LEAP Barnett Ratcliffe Partnership RUGBY The Old Library Rowley Street CV21 3UY Stafford
Staffs ST16 2RH On behalf of Mr KEVIN HUTCHINGS, WEST MIDLANDS AMBULANCE SERVICE
APPLICATION DESCRIPTION Change of use from B2 to ambulance response post (sui generis)
CONDITIONS, REASONS & RELEVANT DEVELOPMENT PLAN POLICIES
CONDITION 1: The development to which this permission relates must not be begun later than the expiration of three years from the date of this permission.
REASON: To comply with Section 51 of the Planning and Compulsory Purchase Act 2004.
CONDITION 2: The development shall not be carried out other than in accordance with the plan no. 1314/01/PL/01 received by the Local Planning Authority on 1 May 2013.
REASON: For the avoidance of doubt.
STATEMENT OF POSITIVE ENGAGEMENT: In dealing with this application Rugby Borough Council has actively sought to work with the applicant in a positive and proactive manner, in accordance with paragraphs 186 and 187 of the NPPF.
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Site address: Yardleys Meadow, Stretton Road, Wolston
Description: Erection of an agricultural building for storage of hay and machinery including the provision of 3 holding / isolation stables.
Case Officer Name & Number: Richard Redford, ext 3625
The Proposal; Planning permission is sought for the erection of an agricultural building with 3 integral holding / isolation stables for the agricultural building being used for the storage of hay and machinery in connection with the applicants equine business. To be constructed of Juniper green profile sheeting, block work and timber the building will have a footprint measuring 21.2m by 12.2m, the storage element of the building will be 3.6m and 5.3m high to eaves and ridge levels respectively whilst the stable section, providing 3 stables, will be 3.6m high to the top of its mono-pitch roof slope and 2.5m high to its eaves level.
Submitted information details the main building will provide storage area for amongst other things a number of tractors and trailers with various attachment, hay, shavings and a horse box. The proposal will be positioned at the end of the access drive adjacent to and on the lower ground level side of a drop in ground level, replacing the existing dilapidated 3-box stable building.
An amended site location plan has been received to ensure that the land contained within the RED edged area extends to the edge of the highway. 2 reports from 2005 and 2006 have been submitted by the applicant.
Site History; R05/0887/07844/P Construction of ménage, ancillary stables, car
park, new vehicular access and associated works. Approved 19.10.05
R10/1127 Erection of a general purpose storage building and 3no. attached isolation loose boxes, and retention of a vehicular access track. Withdrawn 01.09.10
R10/1644 Retention and completion of an access track Approved 27.10.10
Consultee Correspondence; RBC Environmental Health No objection
Environment Agency No objection Request a condition
WCC Ecology No objection Request a tree protection condition and informatives
Third Party Correspondence; Wolston Parish Council Object On the grounds of insufficient information
having been submitted; request the applicant
instruct a professional company to test the site and periphery for contamination or noxious waste; and feel effluents should be contained within the site ensuring no discharge into the brook
Neighbours (2) Object On the ground of the site being in a green belt location with no very special circumstances having been put forward thus is inappropriate development; visual impact; impact and potential impact on land formerly used as a waste site; and contrary to local policy.
Neighbours (1) Support Are happy with the application.
Other Relevant Information; Situated outside of the defined settlement boundaries for the main rural settlement of Wolston, the site is located in the West Midlands Green Belt. Predominantly pasture paddock land occupied by a number of horses there are currently 2 buildings on the site as a whole – firstly in the form of a purpose build timber clad 6-horse stable building that includes tack room and wash down area and secondly in the form of a 3 stable building that is in a poor state and constructed of corrugated sheeting. Ground levels rise from the road into the site before falling in an easterly direction from the existing timber clad stable block that is adjacent to the road toward the proposed building.
Relevant Policies; RBCS Policy CS1 Development Strategy RBCS Policy CS16 Sustainable Design & Construction NPPF
Consideration; The main issues for consideration relate to the acceptability or otherwise of the proposal given the sites green belt location along with design, appearance and amenity along with other relevant matters.
The provisions of policy CS1 detail that development will only be supported in green belt locations where they are in compliance with the provisions of the NPPF which details all development in the green belt is inappropriate, and thus harmful by definition, unless within a limited list of acceptable uses. Section 9 of the NPPF which relates to the green belt indicates that facilities for essential outdoor recreation and business are an appropriate form of development and on the basis that the proposal will provide replacement stabling along with storage area for the on-site equine operations the principle of the development is acceptable. It therefore complies with the provisions of policy CS1 and the NPPF and is acceptable in principle.
The design and appearance of both elements of the building – storage element and stable element – are typical of other such buildings in the green belt used for the same purposes. The appearance of the 2 elements individually and collectively are such that they fit in with and relate to each other whilst also fitting in with the wider locality where there are a number of agricultural storage buildings / barns and stables that are very visible as a result of changing ground levels. Its position at the bottom of a significant change in ground level of approx. 3m in the form of a near vertical drop means that from the entrance side of the site the only element visible will be a
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section of the roof, whilst from across the valley it will be seen against the drop that will minimise its scale, bulk and massing that are, irrespective of its setting against the drop, acceptable. This positioning and relationship with the surrounding area is such that any impact as a result of it will be minimised to a level that would not, on balance, justify a refusal being issued.
A number of residential dwellings adjoin the edge of the land in the applicant’s ownership and are in excess of 130m away from where the proposed building will be located. Whilst a number of these dwellings will be able to view the proposal its distance from them is such that it will not impact upon their amenities.
The site is located in an area identified as a historic former landfill site and on this basis the Environment Agency has been consulted. Following an initial objection from them indicating further information was required to address pollution concerns in relation to controlled waters, reports have been provided by the applicant providing the information required. These reports have been assessed by the Environment Agency who has removed their objection stating that based on the surveys undertaken and resultant test results they consider the proposal would pose a low risk to controlled water receptors. They have requested a condition be attached to any approval which is an acceptable condition.
With regards to the objections received, the relevant investigations with resultant reports were undertaken by a professional company and provided, with the Environment Agency satisfied with their finding, such that they removed their objection subject to a condition being attached to any approval. Matters relating to green belt concerns have been addressed earlier in the report with the proposal being acceptable whilst not impacting on the visual character, appearance or nature of the area.
Overall therefore the proposal complies with the provisions of the NPPF as well as with polices CS1 and CS16 of the Rugby Borough Core Strategy, and is therefore acceptable.
Recommendation; Recommend approval subject to conditions.
Report prepared by: Richard Redford 2nd January 2014
DRAFT DECISION
ADDRESS OF DEVELOPMENT APPLICANT/AGENT YARDLEYS MEADOW Mrs Debra Archer STRETTON ROAD Bowie Lockwood Structures Ltd WOLSTON Coombe Abbey Farm
Coombe Fields Road Ansty Coventry Warwickshire CV3 2AB On behalf of Mr P Wilson
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APPLICATION DESCRIPTION Erection of an agricultural building for storage of hay and machinery including the provision of 3 holding / isolation stables.
CONDITIONS, REASONS & RELEVANT DEVELOPMENT PLAN POLICIES
CONDITION 1: The development to which this permission relates must not be begun later than the expiration of three years from the date of this permission.
REASON: To comply with Section 51 of the Planning and Compulsory Purchase Act 2004.
CONDITION 2: Unless otherwise agreed in writing by the Local Planning Authority the development shall be carried out in accordance with the plans and documents detailed below:
Application forms, Design & Access Statement, list of items to be stored in the barn, drawing numbered 101 dated 21 June 2013 and un-numbered drawing dated 16 June 2010 submitted as part of the application to and received by the Local Planning Authority on 6th August 2013; and
Amended drawing numbered 102 Rev A dated 8th July 2013 submitted to and received by the Local Planning Authority on 12th September 2013; and
2 Ian Farmer Associates Desk Study Report numbered 2964 dated December 2005 and Report On Site Investigations Report numbered 2964 dated March 2006.
REASON: For the avoidance of doubt and to ensure that the details of the development are acceptable to the Local Planning Authority.
CONDITION 3; The storage element of the building hereby approved shall only be used for the storage of items as specified in the list provided as part of the application, submitted to and received by the Local Planning Authority on 6th August 2013.
REASON: For the avoidance of doubt and to ensure the building is used for the purposes specified in the submission.
CONDITION; If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.
REASON; To ensure that the proposed development does not cause pollution of controlled waters receptors.
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CONDITION 5; No part of the development hereby permitted shall be commenced and nor shall any equipment, machinery or materials be brought onto the site until a scheme for the protection of all existing trees and hedges to be retained on site has been submitted to and approved in writing by the Local Planning Authority. The agreed details shall be erected prior to development commencing and subsequently retained until the development has been completed. The scheme must include details of the erection of protective fencing and be in accordance with British Standard BS5837: 2005, Trees in Relation to Construction. Nothing shall be stored or placed in those areas fenced in accordance with this condition and nor shall the grounds levels be altered or any excavation take place without the prior consent in writing of the District Planning Authority. The approved scheme shall be kept in place until all parts of the development have been completed and all equipment, machinery and surplus materials have been removed.
REASON: To protect trees and other features on site during construction.
CONDITION 6: No external lighting shall be erected unless and until full details of the type, design and location have been submitted to and approved in writing by the Local Planning Authority. Any lighting shall only be erected in accordance with the approved details.
REASON: To ensure a satisfactory external appearance and in the interests of the visual amenities of the locality.
STATEMENT OF POSITIVE ENGAGEMENT: In dealing with this application Rugby Borough Council has actively sought to work with the applicant in a positive and proactive manner, in accordance with paragraphs 186 and 187 of the NPPF.
INFORMATIVE 1; Buildings of all ages and trees with suitable features (i.e. rot-holes, cracks, fissures) are frequently used by roosting bats. Bats and their ‘roost’ sites are fully protected under the 1981 Wildlife and Countryside Act and the Conservation of Habitats and Species Regulations 2010 making them a European Protected Species. It is a criminal offence to recklessly disturb or destroy a known or suspected bat ‘roost’, even if the roost is only occasionally used. Where a bat ‘roost’ is present a licence may be necessary to carry out any works. Further information about species licensing and legislation can be obtained from the Species Licensing Service on 0845 601 4523. If evidence of bats is found during works, work should stop immediately and Natural England must be contacted on 01453 764450 for advice on the best way to proceed.
INFORMATIVE 2; Work should avoid disturbance to nesting birds. Birds can nest in many places including buildings, trees, shrubs dense ivy, and bramble/rose scrub. Nesting birds are protected under the 1981 Wildlife and Countryside Act. The main nesting season lasts approximately from March to September, so work should ideally take place outside these dates if at all possible. N.B birds can nest at any time, and the site should ideally be checked by a suitably qualified ecologist for their presence immediately before work starts, especially if during the breeding season.
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INFORMATIVE 3; In view of the nearby ponds and potentially suitable habitat adjacent to the site, care should be taken when clearing the ground prior to development, and if evidence of specially protected species such as reptiles or amphibians is found (great crested newt, grass snake, common lizard or slow-worm), work should stop while Warwickshire Museum Ecology Unit or Natural England is contacted. Reptiles and amphibians are protected to varying degrees under the 1981 Wildlife and Countryside Act and the Countryside and Rights of Way Act 2000 and great crested newts are additionally deemed European Protected Species.
INFORMATIVE 4; The applicant is advised that the manure and waste from the use of the stables should be stored in such a way or covered so that nuisance from smell or from flies does not occur. The manure and waste should preferably be removed from the site.
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Site address: High Tor, Shilton Lane, Shilton
Description: Use of land as a private gypsy and traveller caravan site for up to 3 pitches together with the formation of hardstandings and erection of an amenity block (retrospective)
Case Officer Name & Number: Nathan Lowde 01788 533725
Description of proposed development The application has been submitted retrospectively and seeks the use of land as a private gypsy and traveller caravan site for up to 3 pitches together with the formation of hardstandings and erection of an amenity block.
Description of Site The application site is located outside of the defined settlement boundary of Shilton located approximately 1.1km to the west of the village of Shilton within the West Midlands Green Belt. The site is about 1.1km to the east of the urban edge of Coventry. The application site is a rectangular parcel of land on the south side of Shilton Lane and is served by two access points off Shilton Lane. The application site forms the rear part of a property known as High Tor and has an area of about 0.5ha. High Tor itself is a large detached bungalow. Access to the pitches is gained via a driveway running along the eastern side of the bungalow.
Historical the site comprised of a detached bungalow with a small area of amenity garden area, with paddock and stables. The application site is boarded by 2 metre high fencing and a large barn is present measuring 10m by 7m which is not linked to any forestry or agricultural use. A building is also present which will be used as the amenity building.
The site is bounded to the west to a residential dwelling house Homeleigh, to the east by scrubland and to the north by agricultural land and to the south by agricultural land and the M69 Motorway beyond.
Relevant Planning History R10/2013 Use of land as a private gypsy caravan site,
comprising 5 no Pitches, hardstanding and amenity block (part retrospective). Refused 25-May-2011
Third Party Comments Neighbours objection (19 household objections, 29 objection letters)
- Blight on rural landscape - Not in keeping with the area - Loss of privacy and light - Extra traffic - Noise pollution - Development is within the green belt - No public transport services - Not enough play areas and play equipment within the area for the increase in
children - Impact on country walks from Bulkington to Shilton via Ansty and Barnacle - Inappropriate development in the green belt - Cumulative impact with existing sites in the area - Negative visual impact
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- No overwhelming circumstances given to allow the development - Insufficient amenities within the area - No streetlights or footpath on road - There are excessive numbers of gypsy and traveller sites within the area - Back garden development
Parish Council objection - Inappropriate development within the green belt - No substantial change to the previous application refused - Conversion of back garden into a gypsy site - Overconcentration of gypsy and traveller sites in the Shilton and Barnacle
area - The RBC Core Strategy seeks to spread sites around the Borough
Technical Consultation Responses
WCC Highway no objection subject to conditions relating to access arrangements and visibility splays.
Development Strategy If the case officer is minded that the redevelopment of the site, including the removal of the barn, would not have a greater impact on the openness of the Green Belt then the proposal should be approved.
Environmental Services no objection subject to conditions to ensure that i) the site is not further sub-divided, ii) no commercial activity is undertaken on the site including burning, storage, transfer or disposal of trade waste, iii) limiting parking, stationing or storage of vehicles to 3.5 tonnes, iv) no external generators shall be used, v) full details of the septic tank
WCC Ecology note highlighting to use of native species for any landscaping works.
Relevant planning policies/guidance
Rugby Borough Council LDF Core Strategy 2011 CS1: Development Strategy complies
CS16: Sustainable Design and Construction complies CS22: Gypsy, Travellers and Travelling Showpeople. complies
Warwickshire County Council Landscape Assessment of the Borough of Rugby 2006
Saved Local Plan Policies (Post Core Strategy Adoption) June 2011 E6 Biodiversity complies
National Planning Policy Guidance National Planning Policy Framework 2012 complies Planning Policy for traveller sites complies
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Assessment of proposal
Gypsy Status It is accepted that the appellants and the occupiers are gypsies and travellers in terms of planning policy and falls within the definition of gypsies and travellers in Annex 1 to the PPTS.
Green Belt
The proposal is on previously developed land as defined within Annex 2 of the NPPF, and seeks to site one caravan to the rear of the existing dwelling on a section of land historically used as a paddock area, with two further caravans proposed to be sited partially on the footprint of the former stables building, which were present in a previous application (reference R10/2013) for 5 pitches on the site.
There is a clear statement within Core Strategy policy CS1 and CS22 that only where national policy on Green Belt allows will development be permitted. The development of gypsy and traveller sites is not one of the limited forms of development that may be considered ‘appropriate development’ in the Green Belt. It is therefore inappropriate development that is, by definition, harmful to the Green Belt. Policy E of the Planning Policy for Traveller Sites (PPTS) also states that traveller sites in the Green Belt are inappropriate development.
NPPF paragraph 88 states that inappropriate development should not be approved except in very special circumstances and that substantial weight should be given to any harm to the Green Belt. Very special circumstances will not exist unless the harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.
NPPF paragraph 89 provides exceptions to the construction of new building as being inappropriate in Green Belt. One of these is for limited infilling or partial or complete redevelopment of previously developed sites, whether redundant or in continuing use, which would not have a greater impact on the openness of the Green Belt and the purpose of including land within it than the existing development. The applicant has stated that they will remove the existing barn if full planning permission is granted.
The combined footprint of the existing stable block and barn totals 146m2 and the combined total of the proposed caravans together with the amenity block to be retained equates to 109m2. It is therefore considered that the proposed development would not have a greater impact upon the openness of the green belt then the existing development. Whilst the proposed development also seeks the provision of six car parking spaces which would also impact upon the openness of the green belt, it is considered that this impact would be limited by the duration of which vehicles are parked within the site.
The development is confined to the areas that constitute previously developed land and as such would not result in encroachment into the countryside and therefore would not conflict with the purposes of including land within the green belt. It is therefore considered that the principle of development is considered acceptable and the development is considered ‘appropriate’ development within the green belt in accordance with policies CS1 and CS22 as contained with the RBC Core Strategy and guidance contained within the NPPF and PPTS.
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As the development is considered to be ‘appropriate development’ there is no requirement on the applicant to demonstrate ‘very special’ circumstances or to advance health and educational needs, and alternative sites as this site is considered appropriate. With this in mind it would not be appropriate, such planning permission be granted, to impose a condition personal to the applicant and his family but only to restrict occupiers of the site to ‘gypsy and travellers’ as defined with in Annex 1 of the PPTS. This will define the planning permission by ensuring that the site is only used as a gypsy and traveller site.
Whilst concerns by third parties have been expressed relating to the over- concentration of site within the Parish of Shilton, it is not considered that the addition of three pitches as proposed together with existing permanent sites would represent an over-concentration of sites within the locality.
Visual amenity
The majority of the development and more specifically caravans 1 and 3 and the car parking spaces which seek to serve these caravans together with the amenity building, would be screened by the existing dwelling house on site. Glimpses of the proposed development and more specifically caravan 2 would be visible within the streetscene. Taking into consideration the character of the streetscene being varied with retail, residential, and equestrian buildings forming part of the streetscene together with the established Gypsy and Traveller sites within the streetscene, it is not considered that elements of the development that will be visible within the streetscene would have an adverse impact upon the visual amenity of the area. In addition to this the proposal seeks the removal of an existing corrugated building which is not visually pleasing within the streetscene. It is therefore considered that the proposed development would not have an adverse impact upon the visual amenity of the area in accordance with policy CS16.
Residential amenity
The main neighbouring property that this proposed development may impact upon is Homeleigh which is situated to the west of the application site. Along the western boundary of this neighbouring property is Hilltop Nursery Garden Centre. The existing site boundary treatment along the shared boundary of the application site and this neighbouring property includes a 2m high close boarded fence. As indicated on the Site Plan the closest caravan labelled 1 would be 3 metres away from the boundary, with caravan 3 being 4 metres away and caravan 2, 14 metres. The amenity block has a foot print of 28m2 with a height of 3.8m which has been positioned 1 metre from the boundary. An existing outbuilding sited in within the curtilage of the neighbouring property obscures the amenity block.
Given the distance of the caravans to the boundary and the existing boundary treatment it is not considered that the caravans would be unduly prominent along the boundary and would not result in any overlooking or loss of privacy from the proposed development.
The proposed development is a reduced scheme to that previously refused and now seeks to accommodate 3 pitches as oppose to 5 pitches which was considered to constitute an un-neighbourly form of development. The revised scheme would reduce the level of noise and disturbance when considered against the previously proposed scheme. Taking into consideration the reduction in the number of pitches, together with the site boundary treatments which consists of a 2 metre high close boarded fence along the shared boundary with the neighbouring property Homeleigh, the distance of caravans 2 and 3 to the neighbouring dwelling house and the site
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boundary, it is considered that the proposed development would not have an adverse impact upon the amenity of this neighbouring property. The proposal is therefore in accordance with policy CS16.
Highway
Following consultation with WCC Highway authority it is not considered that the proposed development would have an adverse impact upon highway safety. It is also considered that sufficient car parking has been provided within the site to serve the proposed development.
Recommendation
ADDRESS OF DEVELOPMENT APPLICANT/AGENT HIGHTOR Mr And Mrs P Kefford
SHILTON LANE Hightor COVENTRY Shilton Lane
CV7 9LH Coventry Warwickshire
CV7 9LH
APPLICATION DESCRIPTION Use of land as a private gypsy and traveller caravan site for up to 3 pitches together with the formation of hardstandings and erection of an amenity block (retrospective)
CONDITIONS, REASONS & RELEVANT DEVELOPMENT PLAN POLICIES
CONDITION: 1
This permission shall be deemed to have taken effect on 29th January 2014.
REASON: To comply with Section 51 of the Planning and Compulsory Purchase Act 2004.
CONDITION: 2
Unless otherwise agreed in writing by the Local Planning Authority the development shall be carried out in accordance with the plans and documents detailed below:
Proposed Site Plan and Amenity Block plan dated October 2010 received by the Local Planning Authority on the 1st August 2013.
REASON:
For the avoidance of doubt and to ensure that the details of the development are acceptable to the Local Planning Authority.
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CONDITION: 3
The site shall not be occupied by any persons other than gypsies and travellers as defined in Annex 1 of Planning Policy for Traveller Sites.
REASON
CONDITION: 4
Within three months from the date of this decision to existing barn as shown on the Site Plan dated October 2010 and received by the Local Planning Authority on the 1st August 2013 shall be removed and all material arising from this shall be removed from site.
REASON
To ensure that the proposed development would have a greater impact upon the openness of the green belt, and is an acceptable form of development within it.
CONDITION: 5
There shall be no more than 3 touring caravans as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968, as amended, stationed on the land.
REASON:
To ensure that the proposed development is an appropriate form of development within the green belt and in the interest of visual amenity and residential amenity.
CONDITION: 6
Within three months of the date of this decision notice a plan shall be submitted to the Local Planning Authority showing the siting of a proposed bin store within the area where the existing barn (to be removed) is located. The bin store shall be erected within three month from the date of the approval of these details.
REASON
CONDITION: 7
The vehicular access to the site shall not be used until it has been constructed to include the following requirements all of which are specified in ‘Transport and Roads for Developments – The Warwickshire Guide 2001 (published by Warwickshire County Council).
A) A minimum width of 5.5 metres with a gradient not steeper than 1in 15 and hard surfaced in a bound material for a distance of 12.0 metres from the near edge of the highway carriageway.
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B) Gates and barriers opening into the site and not being placed within the vehicular access any closer than 12.0 metres from the near edge of the highway carriageway.
C) Visibility splays for vehicles having been provided with an ‘x’ distance of 2.4 metres and ‘y’ distances of 215 metres to the right on egress and 180 to the left egress, as measured from the centre of the access. No structure, erection, trees or shrubs exceeding 0.9 metres in height shall be placed, allowed to grow or be maintained within the visibility splays so defined.
D) The access not reducing the effective capacity of any highway drain, and not allowing surface water to run off the site onto the highway.
REASON:
CONDITION: 8
There shall not be any direct vehicular access made or maintained between the residential dwelling and the easterly access onto Shilton Lane (C26).
REASON:
CONDITION: 9
Vehicular access to the site from the highway (Shilton Lane – C26) shall not be made other than at a position of the more easterly of the two existing accesses.
REASON: In the interest of highway safety.
CONDITION: 10
Adequate vehicular turning space is provided and maintained within the site so that vehicles are able to enter and leave the highway in a forward gear.
REASON:
CONDITION: 11
Within three months from the date of this decision details shall be submitted to the Local Planning Authority showing the location of a permanent barrier (which is to be a 1m high post and rail fence) to be erected to prevent vehicular use of the easterly access by vehicles associated with the existing dwelling. Within three months from the date in which these details are approved, the barrier (means of enclosure) shall be erected and retained in pertentunity of the development.
REASON:
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CONDITION: 12
The highway (verge) crossing has been laid out and constructed to the satisfaction of the Local Planning Authority in accordance with the standard specification of the Highway Authority.
REASON:
CONDITION: 13
No commercial activities shall take place on the land, including the storage of plant, machinery and materials and the transfer or burning of materials.
REASON
In the interest of visual amenity and to protect to openness of the green belt
CONDITION: 14
No vehicle over 3.5 tonnes shall be stationed, parked or stored on the site.
REASON
In the interest of the visual amenity of the area
CONDITION: 15
No external generators shall be used unless they are enclosed and submitted and approved by the Local Planning Authority.
REASON
CONDITION: 16
No external lighting shall be erected unless and until full details of the type, design and location have been submitted to and approved in writing by the Local Planning Authority. Any lighting shall only be erected in accordance with the approved details.
REASON:
To ensure a satisfactory external appearance and in the interests of the visual amenities of the locality.
CONDITION: 17
Within three months of the date of this decision full details of the existing septic tank shall be submitted to the Local Planning Authority. Should any further works to the existing septic tank be required or a new septic tank installed, these shall be implemented within three months from the date of this details being approved.
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REASON
In the interest of residential amenity to ensure that the site is served by sufficient drainage.
INFORMATIVE: 1
The applicant is respectfully advised that as additional planting is proposed for the site, indigenous tree and shrub species should be used, preferably of local provenance. Such plants are visually attractive, and have a far higher value for local wildlife than cultivated, non-native plants.
STATEMENT OF POSITIVE ENGAGEMENT:
In dealing with this application Rugby Borough Council has actively sought to work with the applicant in a positive and proactive manner, in accordance with paragraphs 186 and 187 of the NPPF.
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Reference number: R13/0295
Site address: Land on the West Side of Oxford Road (Sunrise Park), Ryton-on-Dunsmore
Description: Use of land for the siting of caravans for residential purposes. (Removal of Condition 1 (the use of the land for a limited period of 4 years) of Planning Permission APP/E3715/C/09/2110115 (R09/0291/MDPT) granted on appeal on 4th February 2010 to allow the permanent occupation of the land by the applicants. (Re-submission of previously withdrawn application R12/1225 dated 28/11/2012)) together with the creation of an earth bund and associated landscaping works.
Case Officer Name & Number: Nathan Lowde 01788 533725
The Proposal: This application relates to an area of land located on the south-western side of Oxford Road (A423), opposite the junction with Freeboard Lane, approximately 2.0 km south of Ryton–on-Dunsmore and approximately 2.0 km north of Princethorpe. It lies within the parish of Ryton-on-Dunsmore.
The site lies within open countryside which forms part of the Green Belt.
There are mature trees and hedging on the application site frontage to the A423, with a mature hedgerow along the south-eastern boundary and a bund along the western boundary. There is an existing gypsy site (Woodside Park – which is partly owned by the Borough Council) to the west with Ryton Wood (Site of Special Scientific Interest (SSSI)) beyond. A small temporary gypsy site comprising of 1 pitch is also located immediately to the north (known as BerryBanks).
Until early 2009, the application site was in agricultural use, when the site was occupied by a large family of travellers who had moved off existing pitches at Woodside Park. Retrospective planning permission was granted on appeal on 4th
February 2010 for 10 gypsy pitches, associated amenity buildings, hard standing areas and a new access off Oxford Road opposite Freeboard Lane. Condition 1 of the appeal decision (APP/E3715/C/09/2110115) stated:­
The use hereby permitted shall be for a limited period being the period of 4 years from the date of this decision. At the end of this period the use of the land for the siting of caravans for residential purposes shall cease, all caravans, structures, materials and equipment brought onto the land in connection with that use shall be removed and the land restored to its former condition.
Following the granting of the above planning approval, planning officers negotiated amendments to the submitted layout – this in effect located all of the pitches and associated buildings/structures to the rear of the site (close to the bund separating the site from Woodside Park), leaving the front part of the site alongside Oxford Road to be retained as more open grass paddocks. Subsequently the details of 2 package sewage treatment works, a site landscaping scheme and walls/fencing and gates erected at the site entrance, were agreed under condition 7 of this permission. These works have now been substantially implemented.
Permission is now sought to amend condition 1 to allow the permanent occupation of the land by the existing applicants.
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A Site Development Scheme has been submitted with the application showing the layout of the development together with the proposed creation of a 1.7 metre high wild grass earth bounds with trees and saplings along the north-eastern boundary of the site and the south-eastern boundary of the site. The earth bound along the north­ eastern boundary will serve to re-enforce the existing landscaping along this boundary, and the earth bound along the south-eastern boundary of the site will act as a buffer to the SSSI.
Authorised Use:
Agricultural/Temporary Permission for Gypsy & Travellers Site (10 pitches).
Site History: Retrospective application for the use of land as a residential caravan site for
gypsy families, comprising of 10 No. pitches for residential purposes including formation of new access and ancillary works, including the erection of an amenity building – Refused 10/6/2009 (Ref: R09/0291/MPDT) and resolution granted to commence Enforcement Action.
Appeal against Enforcement Notices (2) - Allowed 4/02/2010 (Ref: APP/E3715/C/09/2110115).
Discharge of Condition 7 (foul and surface water drainage, lighting, internal site layout, landscaping) – Approved 16/09/2010
Application for Removal of Condition 1 (the use of the land for a limited period of 4 years) of Planning Permission APP/E3715/C/09/2110115 (R09/0291/MDPT) granted on appeal on 4th February 2010 to allow the permanent occupation of the land by the applicants – withdrawn 25/07/11
Application for Removal of Condition 1 (the use of the land for a limited period of 4 years) of Planning Permission APP/E3715/C/09/2110115 (R09/0291/MDPT) granted on appeal on 4th February 2010 to allow the permanent occupation of the land by the applicants. (Re-submission of previously withdrawn application R11/0059 dated 25/07/2011) – withdrawn 28/11/12
Technical Consultations
Environmental Services no objection subject to conditions restricting the number of caravans per pitch, personal condition to those families listed within the D&A Statement, condition prohibiting the sub-division of the 10 pitches, condition prohibiting commercial activity on site and the burning of material onsite, condition to ensure that the top soil to be imported to form the earth bank is tested for contamination.
Natural England no objection subject to a condition requiring the erection of a boundary treatment to the SSSI with details to be submitted to the LPA.
Warwickshire CC (Ecology) no objection subject to conditions relating to great crested newt mitigation measures and boundary treatment.
Warwickshire Wildlife Trust no comments received
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Development Strategy Exceptional circumstances purported by the applicants would outweigh the harm to the Green Belt that would result from the permanent approval of this application.
Third Party Consultations
Neighbours (2) support - The occupants have spent a great deal of time and energy in transforming the place form a once muddy field to a beautiful residential mobile home park.
- The family do not cause any problems.
Ryton Parish Council objection - The Planning Inspector determined this should be a temporary permission
grant for four years and nothing has changed to overrule the Inspector’s opinion.
- The original justification for allowing the permission on appeal was that there were at that time, no there suitable sites. The four-year limit was set on the basis that other sites should become available over that period and there is currently a call for sites being carried out which may provide suitable sites. There are currently no logical ground for making the four-year temporary permission permanent.
- The site should be returned to open green field at the end of the period. - The development is in Green Belt and as there us a presumption against
inappropriate development the application should be refused.
Relevant policies and guidance
Rugby Borough Council LDF Core Strategy 2011 CS1: Development Strategy complies
CS16: Sustainable Design and Construction complies CS22: Gypsy, Travellers and Travelling Showpeople. complies
Saved Local Plan Policies (Post Core Strategy Adoption) June 2011 E6 Biodiversity complies
National Planning Policy Guidance National Planning Policy Framework 2012 Planning Policy for traveller sites
Determining Considerations
Government policy on traveller sites is now set out in Planning Policy for Traveller Sites (March 2012) (PPTS) which has replaced Circular 01/2006.
The Government's overarching aims include: that local planning authorities should make their own assessment of need for the purposes of planning;
- encouraging local planning authorities to plan for sites over a reasonable timescale;
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- reducing tensions between settled and traveller communities in plan-making and planning decisions;
- enabling provision of suitable accommodation from which travellers can access education, health, welfare and employment infrastructure; and
- local planning authorities to have due regard to the protection of local amenity and local environment.
Local planning authorities should set pitch targets for gypsies and travellers which address likely needs. In producing their local plans they should:
- identify and update annually, a supply of specific deliverable sites sufficient to provide five years' worth of sites against their locally set targets; and
- identify a supply of specific, developable sites or broad locations for growth, for years six to ten and, where possible, for years 11-15.
The selection of sites should 'relate the number of pitches or plots to the circumstances of the specific size and location of the site and the surrounding population's size and density' and protect local amenity and environment. Criteria should be set to guide land supply allocations where there is identified need and the determination of applications which come forward.
In addition to the general guidance in Policy B of the PPTS, that traveller sites should be sustainable economically, socially and environmentally, there is specific guidance for sites in rural areas and the countryside. When assessing the suitability of sites in rural or semi-rural settings, local planning authorities should ensure that the scale of such sites does not dominate the nearest settled community.
Unlike Circular 01/2006, which stated that gypsy and traveller sites were appropriate in principle in rural settings where not subject to special planning constraints, the PPTS says that new traveller site development in open countryside that is away from existing settlements or outside areas allocated in the development plan should be strictly limited. However, whilst sustainability and accessibility clearly continue to underpin National Planning Guidance, the specific reference in Circular 01/2006 which states that "local planning authorities should first consider locations in or near existing settlements with access to local services, e.g. shops, doctors and schools" is not repeated in the PTTS.
Under PPTS Policy H, amongst other relevant matters, the issues to be considered in determining planning applications are: a) the existing level of local provision and need for sites b) the availability (or lack) of alternative accommodation for the applicants c) other personal circumstances of the applicant d) that the locally specific criteria used to guide the allocation of sites in plans or which form the policy where there is no identified need for pitches/plots should be used to assess applications that may come forward on unallocated sites e) that they should determine applications for sites from any travellers and not just those with local connections.
In respect of applications for permission made in the 12 months from the date PPTS came into effect in March 2012, if a LPA cannot demonstrate an up-to-date five year supply of deliverable sites, Policy H says that this should be a significant material consideration when considering the grant of temporary planning permission. Also under this policy LPAs are advised to attach weight to:
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a) effective use of previously developed (brownfield), untidy or derelict land b) sites being well planned or soft landscaped in such a way as to positively enhance the environment and increase its openness c) promoting opportunities for healthy lifestyles, such as ensuring adequate landscaping and play areas for children d) not enclosing a site with so much hard landscaping, high walls or fences, that the impression may be given that the site and its occupants are deliberately isolated from the rest of the community.(Policy H para.24)
Gypsy Status It is accepted that the appellants and the occupiers are gypsies and travellers in terms of planning policy and falls within the definition of gypsies and travellers in Annex 1 to the PPTS. Warwickshire County Council Gypsy Liaison Officers confirm this.
Principle There is a clear statement within Core Strategy policy CS1 that only where national policy allows will development within the Green Belt be permitted. This statement is repeated in Policy CS22. The development of gypsy and traveller sites is not one of the limited forms of development that may be considered ‘appropriate development’ in the Green Belt as stated in the NPPF. Policy E of the Planning Policy for Traveller Sites states that the development of traveller sites in the Green Belt is inappropriate development. As inappropriate development the proposal is therefore harmful to the Green Belt by definition.
The NPPF states that inappropriate development in the Green Belt should not be approved except in very special circumstances and that substantial weight should be given to any harm to the Green Belt. Very special circumstances will not exist unless the harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations. Where inappropriate development is proposed in the Green Belt, permission should not be granted unless it can be demonstrate that there are very special circumstances to justify a grant of planning permission that will cause is harm to the Green Belt.
It should be noted that the written ministerial statement by Brandon Lewis in July 2013 stated that the single issue of unmet demand, whether for traveller sites or for conventional housing, is unlikely to outweigh harm to the green belt and other harm to constitute the ‘very special circumstances’ justifying inappropriate development in the green belt. This has been confirmed in recent appeal decisions.
The applicant has argued within the design and access statement which supports this application that exceptional circumstances sufficient to outweigh the harm to the Green Belt do exist in this case. Supporting documents submitted with the application highlights the strong local connection these gypsies and travellers have not only within the Ryton area but also Rugby Borough, because they have resided in the area for 18 years, with the majority of the family having been residents at the nearby Woodside Park or some 15 years prior to occupying this site. The families are also registered to the local doctor’s surgery for their health needs, with one member of the family receiving on-going weekly checks/treatment for an existing medical condition and as such in need of a stable place to receive on-going treatment/checks and some of the children attend local schools or receive home tutoring. In addition, the applicant highlights that there is a large unmet need within the Borough for gypsy and traveller sites, an unavailability of suitable alternative sites
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and deficiencies within the development plan policy for the provision of Gypsy and Traveller caravan sites in Rugby.
Core Strategy Policy CS22 requires applicants to demonstrate that a sequential approach has been taken towards the selection of sites. The applicant has provided details as to the relevant agents they have contacted regarding the availability of land, but report that this process has been to no avail. A supporting letter provided by Rob Leahy (Gypsy and Traveller Liaison Officer, Warwickshire County Council) also highlights that there are currently no public pitches available and that there is no known private land identified to meet the family’s needs.
It is accepted that there is a significant need for additional sites and that the Council is currently unable to demonstrate an up to date five year land supply of deliverable gypsy and traveller sites, as required by the PPTS. Work on a Gypsy and Traveller Sites Allocations Development Plan Document (“DPD”) commenced in 2012 with a view to adoption in summer 2014. Two call for sites exercises were undertaken: one as part of the Strategic Land Availability Assessment; and another specifically for Gypsy and Traveller Sites. For the second call for sites correspondence was sent to the following; existing Gypsy and Traveller sites within the Borough; Gypsy and Traveller liaison groups; Warwickshire County Council and other bodies that may have landholdings such as Warwickshire Police, National Grid and Severn Trent.
This process did not lead to the identification of any new sites that were available specifically to accommodate the needs of the gypsy and traveller community. It should be noted that the applicant submitted this site for consideration as part of the call for sites process. At this time, the Council is currently unaware of any available suitable alternative sites for the applicant.
The failure of the call for sites to identify any deliverable sites to meet the large unmet for gypsy and traveller accommodation in the Borough is one of the reasons why there has been a delay in production of the DPD. Another reason for the delay is the need to update the Gypsy and Traveller Accommodation Assessment Study following Lord Taylor’s review of planning policy guidance. The DPD will not be adopted in summer 2014 as originally intended. An updated Local Development Scheme (January 2014), timetables the adoption of the DPD for April 2016. It should be noted that the authority are currently out to tender on an updated needs assessment to inform the DPD. The production of the DPD will therefore not assist in meeting the immediate need for 41 permanent pitches by 2016 that is outlined in Policy CS22. The approval of this application would help significantly reduce this need to 31 pitches.
Policy CS22 states proposals should be appropriate and proportionate in scale to the nearest settlement, its local services and infrastructure. Whilst this site is not immediately adjacent to the Main Rural Settlement of Ryton on Dunsmore its proximity to this village does allow access to its services. Given the size of the village of Ryton on Dunsmore, the combination of the application site together with the neighbouring gypsy and traveller sites is unlikely to result in the over dominance of the village nor place an undue pressure on the local infrastructure.
Visual Amenity The site does lie within the rural landscape and clearly impacts upon its character and appearance. The development of the site is focused towards the southern boundary of the site, which reduces the prominence and intrusiveness of the development when viewed from the Oxford Road. There is substantial screening along the north-eastern boundary of the site in the form of a deciduous hedgerow
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and tree planting. The use as existing is therefore well screening and unobtrusive, especially when the hedgerow and tree are in leaf. Whilst is has been considered within previous officer reports that there would still be an impact to the detriment of the visual amenity of the area, any harm to the visual amenity of the area that currently exists is limited in duration when the established vegetation is not in leaf. This harm to the character and appearance of the area that has been previously identified would be ameliorated by the proposed landscape mitigation measures which include the wild grass earth bank with tree and scrub planting. The proposed landscape mitigation would further strengthen existing screening along the northern boundary of the site. There is a slight incline within the site towards the southern boundary where the pitches are sited. The proposed 1.7m grass bank with planting would add significant screening of the development when viewed from the highway, as a result of this incline. Whilst some harm will be caused it is considered that the existing and proposed landscaping to the northern boundary of the site would successfully mitigate the adverse impact created by the proposed development to a level that would be considered acceptable and allow the development to assimilate itself into the environment. The proposal therefore complies with policy CS16 and criteria outlined within policy CS22 which seeks to ensure that the site is capable of sympathetic assimilation into the surrounding area.
Other Harm One of the five purposes that the Green Belt serves is to safeguard the countryside from encroachment. The proposed development is confined to the southern boundary of the site close to Woodside Park which is an established Gypsy and Traveller site for 36 pitches. As the pitches are confined to the southern boundary of the site a large proportion of the site would remain open and undeveloped. Taking these factors into account, it is considered that the proposed development would introduce a “moderate encroachment&