Agenda item

The Committee considered a report (Agenda Item 4(3)) concerning Planning Application 18/03367 in respect of outdoor riding arena.

David Pearson introduced the report to Members of the Committee, which recommended conditional approval, and ran through the key points. Mr Pearson highlighted that an objection to the application had been received from a consultant from the North Wessex Downs AONB. Officers’ felt that previous concerns about the application had been rectified and therefore were proposing conditional approval;

In accordance with the Council’s Constitution, Simon Dimick and Trevor Furse, applicant/agent, addressed the Committee on this application.

Mr Simon Dimick in addressing the Committee raised the following points:

·         The application was for a private equestrian arena for training and exercising of his client’s horses.

·         The manége would be within the garden area of Manderley.

·         Frilsham Parish Council had no objection to the application if approval was given as long as use was restricted to private use only and there was no external lighting.

·         There was no other reason for the manége apart from his client’s passion for riding and taking part in competitions. His client’s children also shared a passion for riding and therefore the arena would provide a safe environment for them to ride in.

·         17 objections to the application had been received and Mr Dimick highlighted that these were largely anonymous. Immediate neighbours had no objection to the proposal.

·         Objections suggested that Mr Dimick could use equestrian facilities elsewhere however, the roads close to the site were not suitable for riding on. Adjacent fields were also not suitable for riding in as they were particularly boggy in the winter and often froze.

·         The manége would be used for dressage purposes and there was not a local arena close by available for hire and therefore a  long journey would be required.

·         In 2016 a proposal had been submitted that put a stable block in the adjoining field however, objections had been raised to this and therefore the stables had been erected in the garden area. A previous application to place the manége in line with the road had been criticised and therefore the current proposal would place the manége in the same vicinity as the stable block.

Member Questions to Agent

Councillor Richard Crumly referred to the comments from the AONB, which implied that approval of the application would lead to urbanisation of the site and asked Mr Dimick for his thoughts on this. Mr Dimick was of the view that comments from the AONB Consultant illustrated that they did not fully understand the application. The manége was a structure, however, it in no way urbanised the area in his view. 

Ward Member Representation

Councillor Quentin Webb in addressing the Committee raised the following points:

·         The application under consideration had been discussed on numerous occasions in the past and the current application proposed the manége be brought into the garden area rather than in an open field.

·         Councillor Webb was of the view that the comments from the AONB were overstated.

·         Councillor Webb did not feel that there were significant enough reasons to refuse the application.

Councillor Graham Pask in addressing the Committee raised the following points:

·         He referred to the site history and noted that the current application was the third application by the applicants for a manége.

·         The site was within a beautiful location in the AONB. He commented that the manége would not require engineering works.

·         Councillor Pask commented that all aspects needed to be taken into consideration. He stated his surprise at reading the comments submitted by the AONB.

 Member Questions to Ward Members

Councillor Tim Metcalfe queried the absence of fencing around the arena and felt that this was required for safety. Councillor Pask highlighted that there was reference to a fence at the far edge of the arena. Mr Pearson clarified that this was where the ground dropped away.

Councillor Graham Bridgman noted within the objections to the application that reference had been made to particular planning policies and he could not find reference to these policies in the Planning Officer’s report. He requested that if policies were referred to through objections then the relevance of these policies needed to be highlighted in the report.

Councillor Bridgman noted that section 5.8 referred to the loss of two apple trees and stated that unless the trees were subject to a Tree Preservation Order then they could be cut down by the applicant at any time. Councillor Bridgman also stated that fencing, in his view, came under Permitted Development Rights. Mr Pearson noted the comments raised by Councillor Bridgman in relation to the report.

 Debate 

Councillor Keith Chopping noted that the application had gained the support of Officers and neighbouring properties and he noted that none of the objectors had wished to speak at the Committee. Councillor Chopping also noted the number of agencies that had raised no objections to the proposal including SuDS, Highways and Natural England. Councillor Chopping proposed that Members approve the application in line with the Officer recommendation and Councillor Crumly seconded the proposal.

Councillor Emma Webster commented that the application was a testament of good listening and willingness to draw up revised plans that mitigated concerns. Councillor Webster commented that the application had gained supportive comments from the local community.

Councillor Alan Law stated that he also supported the application. The previous application had proposed that the manége be built in the paddock to the right of the garden area and he was surprised that this had been turned down.

Councillor Marigold Jaques referred to the comments from the AONB and highlighted that all the concerns raised had been covered by conditions.

The Chairman invited Members of the Committee to vote on the proposal by Councillor Chopping that was seconded by Councillor Crumly, to approve planning permission. 

 RESOLVED that the Head of Development and Planning be authorised to grant planning permission subject to the following conditions:

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 Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2.     The development hereby permitted shall be carried out in accordance with plans, documents and material:

a)    Proposed New Arena Site Location, reference FLA-MAN-LS-001 – received on 09/01/2019

b)    Proposed New Arena General Arrangement & Section Locations, reference FLA-MAN-LS-003 – received on 09/01/2019

c)    Proposed New Area General Arrangement Block Plan, reference FLA-MAN-LA-002 – received on 09/01/2019

d)    Proposed Arena General Arrangement Indcative Section A-A, B-B & C-C, reference FLA-MAN-LS-004 – received on 09/01/2019

e)    Proposed New Arena Tree Survey & Protection Measure, reference FLA-MAN-LS-005 – received on 09/01/2019

f)     Tree Survey, Aboricultural Assessment and Method Statement Proposed Arena, Manderley, School Lane, Hermitage Rev D – received on 09/01/2019

g)    Letter reference SMD/CAL49/1 – received on 25/02/2019

h)   Landscape and Visual Assessment Proposed Arena, Manderley, School Lane, Rev B  - Received on 21/12/2018

i)     Material Sample ‘Riding Surface for Emanuela Morando’ – received on 25/02/2019

j)      Planning Application Form Section 7 Materials – received on 09/01/2019

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

3.     Irrespective of the Town and Country Planning (General Permitted Development) Order 2015 (or an order revoking and re-enacting that Order, with or without modification), the riding arena hereby approved shall not be illuminated at any time unless permission for the illumination has been granted in respect of a planning application.

Reason: In the interest of amenity and protection of the surrounding countryside. This condition is imposed in accordance with the National Planning Policy Framework 2019 and Policy CS14 of the West Berkshire Core Strategy 2006-2026.

4.     The riding arena hereby approved shall only be used for purposes incidental to the dwelling house known as Manderley. It shall not be used for any commercial equestrian purposes.

Reason: To ensure that the development is retained as a use incidental the existing dwelling house Manderley, in the interests of highway safety and to protect the amenity of the North Wessex Downs Area of Outstanding Natural Beauty. This condition is imposed in accordance with the National Planning Policy Framework 2019 and Policies CS13 and CS14 of the West Berkshire Core Strategy 2006-2026.

5.     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) (or any order revoking and re-enacting that Order, with or without modification), no fencing, other than the section of knee high rail fencing shown on the approved plans, shall be erected within the application site unless planning permission has been granted in respect of an application made for that purpose.

Reason: To protect the open plan character of the surrounding area and AONB. This condition is imposed in accordance with the National Planning Policy Framework (February 2019), Policies CS14 and CS18 of the West Berkshire Core Strategy (2006-2026).

6.     No development shall take place until details of sustainable drainage measures to manage surface water within the site have been submitted to and approved in writing by the Local Planning Authority.  The riding arena shall not be brought into use until the approved sustainable drainage measures have been implemented. Thereafter the sustainable drainage measures shall be permanently retained and maintained in accordance with approved details.

Reason: To ensure that surface water will be managed in a sustainable manner.  This condition is imposed in accordance with the National Planning Policy Framework (February 2019) and Policy CS16 of the West Berkshire Core Strategy (2006-2026).

INFORMATIVES

DEC3 - Approval - Objections/Support received

This decision has been made in a positive way to foster the delivery of sustainable development having regard to Development Plan policies and available guidance to secure high quality appropriate development.  In this application whilst there has been a need to balance conflicting considerations, the local planning authority has secured and accepted what is considered to be a development which improves the economic, social and environmental conditions of the area

HI 3 Damage to footways, cycleways and verges

The attention of the applicant is drawn to the Berkshire Act, 1986, Part II, Clause 9, which enables the Highway Authority to recover the costs of repairing damage to the footway, cycleway or grass verge, arising during building operations.

HI 4 Damage to the carriageway

The attention of the applicant is drawn to the Highways Act, 1980, which enables the Highway Authority to recover expenses due to extraordinary traffic.