Agenda item

Proposal:	Section 73: Variation of condition 13 'removal of log cabin' of approved application 17/02099/FULD: Section 73A: Variation of Condition 15: Temporary log cabin permitted of approved application 13/01008/FULD: Relocation of existing dog breeding establishment involving the erection of a single storey kennel building; siting of a temporary mobile home; isolation kennel building and change of use of existing barn to ancillary storage building; the use of land as canine exercise area, associated parking, turning and landscaping (allowed on appeal APP/W0340/A/13/2206830).
Location:	Rickety Gate Farm, Hamstead Marshall.
Applicant:	Rachel Paul.
Recommendation:	To delegate to the Head of Development and Planning to GRANT PLANNING PERMISSION subject to the conditions listed below.

 

(No declarations were received for this item).

1.      The Committee considered a report (Agenda Item 4(2)) concerning Planning Application 20/01520/FULD in respect of a Section 73: Variation of condition 13 'removal of log cabin' of approved application 17/02099/FULD: Section 73A: Variation of Condition 15: Temporary log cabin permitted of approved application 13/01008/FULD: Relocation of existing dog breeding establishment involving the erection of a single storey kennel building; siting of a temporary mobile home; isolation kennel building and change of use of existing barn to ancillary storage building; the use of land as canine exercise area, associated parking, turning and landscaping (allowed on appeal APP/W0340/A/13/2206830), at Rickety Gate Farm, Hamstead Marshall

2.     Ms Sian Cutts, Senior Planning Officer, introduced the report to Members, which took account of all the relevant policy considerations and other material planning considerations. In conclusion the report detailed that the proposal was acceptable in planning terms and officers recommended that the Head of Planning and Development be authorised to grant planning permission subject to the conditions outlined in the main and update reports.

Removal of speaking rights

3.     As resolved at the Extraordinary Council meeting held on 29 April 2020, public speaking rights had been removed for virtual Council meetings. This right had replaced with the ability to make written submissions. This decision was made in accordance with The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panels Meetings) (England and Wales) Regulations 2020.

4.     The above changes to speaking rights were subsequently amended at the Council meeting on 10 September 2020. It was agreed that parties making written submissions in relation to a planning application would be invited to attend the remote meeting of the Planning Committee to answer any questions that Members of the Committee might wish to ask in order to seek clarification on any part of their statement.

5.     In accordance with the Extraordinary Council resolution, written submissions relating to this application were received from Ms Nicky Brook, agent. Ms Brook was able to attend the remote meeting.

6.     Individual written submissions were published online along with the agenda http://decisionmaking.westberks.gov.uk/ieListDocuments.aspx?CId=155&MId=5736&Ver=4

Agent’s Submission

7.     The Clerk read out the representation. Members questioned the attendee as follows:

8.     Councillor Adrian Abbs asked for clarification as to why an inability to export had been given as a reason for delay, when there were many news reports about the shortage of dogs available to buy in the UK. He asked how important the export market was to the business. He further queried why the application was only for three years, presuming the applicant had a five year business plan, if it were a permanent business.

9.     Ms Brook explained that the Local Plan policy only allowed for three years. In terms of export, she could not provide the breakdown for the number of dogs exported, however she was aware that there were some dogs exported, and this aspect of the business had been a problem in 2020.

10.  Councillor Abbs asked whether it was a critical part of the business plan. Ms Brook confirmed that it was a critical part of Ms Paul’s business plan, but not the sole part as she bred a lot of dogs.

11.  Councillor Hilary Cole was curious to know what breed of dogs were bred on the site. Ms Brook did not know the breeds that were reared on the site, as it was not relevant to the application. However she believed it was a broad range of different dogs.

12.  Councillor Hilary Cole stated that she was aware that it was not relevant to the application, she had simply been curious. On hearing that it was a broad range of dogs, she was a little more curious.

Ward Member Representation

13.  Councillor James Cole in representing the Committee as Ward Member made the following points:

·         Councillor James Cole felt that it was unfortunate that this application had arrived before the Committee. In practical terms, he had called this into Committee as a protective call-in for issues such as the spreading of spoil. However it became clear after a local site visit that nothing could be done about this issue at that stage. He had followed the application up with the planning officer twice, however he had not received a response other than the planning officer had noted that they had to discuss the application with previous section head. The next he heard, the application had been submitted to the Committee.

·         On reading the Committee report, he found that the planning officer had dealt with the other real issue to Councillor James Cole’s satisfaction, and on enquiry to the satisfaction of the Parish Council too. He therefore withdrew his call-in. However, he was then told that there was nothing in the constitution to permit the call-in to be withdrawn at this stage.

·         He could not put an acceptable planning issue before the Committee to justify a refusal. Therefore, as far as he was concerned, the application should be approved.

·         He was going to propose to the Constitution Review Task Group, that he was part of, that they look for an acceptable form of words to avoid this situation in future.

Member’s Questions to the Ward Member

14.  Members did not have any questions for the Ward Member

Member’s Questions to Officers

15.  Members did not have any questions for officers.

Debate

16.  Councillor Hilary Cole opened the debate by noting that she was a little concerned about the size of the breeding establishment, and the type of dogs that would be bred for export, as the agent seemed to think there was a high number of various breeds. However, she was reassured to see that the applicant was seeking to reach a high standard of operation at this site, as the new dog kennels legislation required it. The site was already there, the application was a variation of condition. Therefore, Councillor Hilary Cole proposed to accept officer’s recommendation to grant planning permission subject to the conditions listed in the main report and update report. This was seconded by Councillor Abbs.

17.  The Chairman invited Members of the Committee to vote on the proposal by Councillor Hilary Cole, seconded by Councillor Abbs to grant planning permission. At the vote the motion was carried.

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

Conditions

1.         Approved plans

The development hereby approved shall continue to be carried out in accordance with the following drawings (these either being first approved through appeal decision for 13/01008, condition discharge details and non material amendment details):

Location Plan 1001676-02 rev A

Block Plan 1001676-11 rev A

Proposed Elevations 1001676- 14 rev A

Proposed Floor Plans 1001676-12

Proposed Roof Plan 1001676-13

Site Sections 1001676-15 rev A

Isolation Kennel 1001676-16

Site Survey DTS041011-4M3

Log Cabin Plans -Floor Plans, Elevations, Roof Plan and Sections (approved through application 15/02664/COND2)

Unless alternative plans are approved in writing by the local planning authority.

Reason: To ensure that the development is carried out in accordance with the submitted details in accordance with the National Planning Policy Framework 2019, policies ADPP1, ADPP5,  CS 13, CS 14, and CS 19 of the West Berkshire Core Strategy 2006-2026, policy TRANS.1 of the West Berkshire District Local Plan Saved Policies 2007, Supplementary Planning Document: Quality Design 2006.

2.         Materials

The materials to be used in this development shall be as specified on the plans first received with application 13/01008/FULD and the roofing materials for the kennel building as approved through non material amendment application 17/01851/NONMAT.  No other materials shall be used unless prior agreement in writing has been obtained from the Local Planning Authority.

Reason: To ensure that the external materials are visually attractive and respond to local character within the North Wessex Downs AONB and to ensure that noise mitigation measures are in place.  This condition is imposed in accordance with the National Planning Policy Framework (2019) Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026) Policies C3 and C5 of the Housing Site Allocations DPD and Supplementary Planning Document Quality Design (June 2006).

3.         Landscaping Scheme

The development hereby approved shall continue to be landscaped (hard and soft landscaping) in accordance with plans approved through condition discharge application 16/00433/COND 4 and further details received with this application.

The approved details are shown on the following plans/documents:

Drawing GAB.RGF.001 LPP Rev A (received by e-mail dated 22nd March 2016)

Site section details including retaining walls 1001676 15 rev C (received by e-mail dated 12th April 2016)

Levels and Hard surface details 1001676 11 rev D (received by e-mail dated 12th April 2016).

E-mail from applicant dated 22nd March 2016 regarding hard surfacing and boundary treatments

E-mail from agent dated 4th September 2017, confirming works and timescale of works to grassed exercise area.

E-mail from agent dated 20th October 2017, confirming hedge plant details.

The soft landscape details include schedules of plants noting species, plant sizes and proposed numbers/densities, an implementation programme and details of written specifications including cultivation and other operations involving tree, shrub and grass establishment. The scheme shall ensure;

a)        Implementation of the approved landscape scheme before the first occupation or use of the main kennel building.

b)        Any trees, shrubs or plants that die or become seriously damaged within five years of being planted shall be replaced by plants of the same size and species.

c)         That there is sufficient screen planting to the eastern boundary to the site opposite Hamstead Marshall Footpaths 1 and 2.

d)        The hard landscape details include;

e)        Finished floor levels and contours;

f)          All means of enclosure;

g)        Hard surfacing materials;

h)        Other structures (e.g. refuse or other storage units, signage etc);

i)          Services above and below ground (e.g. power, communications cables, pipelines etc - indicating lines, manholes, supports)

These works shall be carried out as approved prior to the first occupation of any of the buildings hereby permitted.

Reason: To ensure the implementation of a satisfactory scheme of hard and soft landscaping in the interests of visual amenity in the North Wessex Downs AONB. This condition is imposed in accordance with the National Planning Policy Framework (2019.), Policies ADPP1, ADPP5, CS14, CS18  and CS19 of the West Berkshire Core Strategy (2006-2026) and Supplementary Planning Document Quality Design (June 2006).

4.         Arboricultural Method Statement and Tree Protection

The development hereby approved shall continue to be developed in accordance with the following details:

Arboricultural Method Statement and Tree Protection Plan dated 21st December 2015. GA Butler & Sons Ltd (Consulting Arborist - Stefan Rose)

Tree Protection Plan GAB.RGF.TPP.002

Bat Habitat Suitability Assessment - additional document from PV Ecology (January 2016) in respect of protected species and trees to be removed.

All approved through condition discharge application 16/00019/COND3.

Measures to protect retained trees shall only be undertaken in accordance with the approved method statement, unless alternative measures are agreed in writing by the local planning authority.

Reason: To ensure the protection of trees identified for retention at the site and adjacent to the site.  This condition is imposed in accordance with the National Planning Policy Framework (2019),  Policies ADPP1, ADPP5, CS17, CS18 and CS19 of the West Berkshire Core Strategy (2006-2026) and Supplementary Planning Document Quality Design (June 2006).

5.         Drainage

The development hereby approved shall include the implementation of the foul drainage details plans approved through condition discharge application 16/00433/COND 4 and further details received with this application, before the development is first brought into use.

The approved details are shown on the following plans/documents:

Drainage Plan 1001676-17 rev A

Internal layout and plumbing details 1001676 12 rev B

E-mail from agent dated 20th October 2017 confirming all washing down to BioFicient then to reed bed.

The scheme must include the disposal of all solid and liquid wastes including dog washing effluent and kennel washing effluent. The approved measures for dealing with foul drainage shall be kept in place, in full working order and adhered to at all times.

Reason: In the interests of amenity. In accordance with policies ADPP5 and CS14 of the West Berkshire Core Strategy 2006-2026 and advice contained within the National Planning Policy Framework (2019)

6.         SuDs

The development hereby approved shall include the implementation of the sustainable drainage measures to deal with surface water within the site approved through condition discharge application 16/00433/COND 4 and received with application 17/02099/FULD.

The approved details are shown on the following plans/documents:

Drainage Plan 1001676-17 rev A

Internal layout and plumbing details 1001676 12 rev B

Site section details including retaining walls 1001676 15 rev C and

Levels and Hard surface details 1001676 11 rev D both received by e-mail dated 12th April 2016.

E-mail from agent dated 20th October 2017 confirming use of water harvesting tank for roof run off from log cabin.

The approved measures shall be kept in place, in full working order and adhered to at all times.

Reason: In order to minimise the risks of surface water flooding. In accordance with policies ADPP1 and CS16 of the West Berkshire Core Strategy 2006-2026 and advice contained within the NPPF (2019).

7.         Internal and External Lighting

The development hereby approved shall include the implementation of the internal and external lighting of the site and buildings approved through condition discharge application 16/00433/COND 4.

The approved details are shown on the following plans/documents:

Drawing 1001676 14 rev B

Drawing 1001676 18 rev A and

Lighting details received by e-mail dated 30th March 2016 and

E-mail from applicant sent by Carter Jonas dated 30th March 2016 clarifying lighting details.

The lighting shall be installed in accordance with the approved details to minimise light spill and using PIR with manual over ride.

No additional lighting shall be installed or changes to the scheme shall be made except with the prior written approval of the local planning authority.

Reason: In the interests of amenity and character of the area, to protect dark night skies and protect wildlife habitats in the North Wessex Downs AONB. In accordance with policies ADPP5, CS 14 and CS19 of the West Berkshire Core Strategy 2006-2026 and advice contained within the NPPF.

8.         Access and Circulation, visibility

No buildings hereby permitted shall be occupied until the access, vehicle circulation and associated parking, including for customers and deliveries have been provided in accordance with the approved plans. The access, parking and turning spaces shall thereafter be kept available for parking and manoeuvring at all times.

Reason: In the interests of highway safety and in order to reduce the likelihood of roadside parking. In accordance with Policy CS13 of the West Berkshire Core Strategy (2006-2026) and advice contained within the NPPF.

9.         Visibility Splays

No buildings hereby permitted shall be occupied until full details of visibility splays have been submitted to, agreed in writing by the local planning authority and provided at the site entrance. The visibility splays shall, thereafter, be kept free of all obstructions to visibility above a height of one metre above carriageway level.

Reason: In the interests of highway safety. In accordance with Policy CS13 of the West Berkshire Core Strategy (2006-2026) and advice contained within the NPPF.

10.       Sound Insulation

The main kennel building hereby permitted shall not be occupied until details of its construction to provide for appropriate sound insulation have been submitted to and agreed in writing by the local planning authority. The details shall be in accordance with the findings and recommendations of the Environmental Noise Impact Assessment by Ian Sharland Limited dated 13 March 2013 submitted with application 13/01008/FULD. The details will also take account of the potential for noise emissions via the air transfer grilles and from ventilation systems. The building shall be constructed and thereafter maintained and managed in accordance with the approved details.

Reason: In the interests of amenity, to minimise potential disturbance to neighbouring residential dwellings. In accordance with Policy CS14 of the West Berkshire Core Strategy 2006-2026, Policies OVS5 and OVS6 (West Berkshire Local Plan Saved Policies 2007) and advice contained within the NPPF.

11.       Vegetation Clearance

No vegetation clearance works or demolition works shall take place in the bird nesting season (March-September) unless a check for nesting birds has been undertaken by a qualified ecologist within 24 hours of works commencing and has shown there to be no nesting birds present.

Reason: To accord with Policy CS17 (Biodiversity & Geodiversity) of the West Berkshire Local Plan and to accord with the NPPF.

12.       Log Cabin Occupancy

The occupation of the temporary log cabin hereby permitted shall be limited to a person solely or mainly working within the holding known as Rickety Gate Farm or a widow or widower of such a person and any resident dependants.

Reason:  This permission has been given because the need for on site accommodation outweighs the planning objections to the development.  The temporary log cabin must remain available for occupation in association with the dog breeding business. In accordance with Policies ADPP1, ADPP5, CS13 and CS14 of the West Berkshire Core Strategy (2006-2026), Policies C1 and C5 of the HSA DPD and advice contained within the NPPF.

13.       Removal of log cabin

The temporary log cabin hereby permitted shall be removed and the land restored to its former condition on or before three years from the date of first occupation, or 30^th September 2024, or when it ceases to be occupied, whichever is the sooner.  The Local Planning Authority shall be notified in writing within a month of the date of first occupation. Details to restore the land shall be submitted to and agreed in writing by the local planning authority before the works are implemented.

Reason: This permission has been given because the circumstances of the applicant are such in the short term as to outweigh the basic planning objections to the development.  Should the proposed business on site fail, the site is not suitable for retention for a permanent dwelling without justification.   This condition is imposed in accordance with the National Planning Policy Framework (2019), Policies ADPP1, ADPP5, CS10, CS12, CS14 and CS19 of the West Berkshire Core Strategy 2006-2026 and C5 of the HSADPD.

Informatives

1.         Proactive

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 worked proactively with the applicant to secure and accept what is considered to be a development which improves the economic, social and environmental conditions of the area.

2.         Mud on the Road

The applicant is requested to ensure that any debris from the site, including mud on the road is regularly removed/swept away. This will minimise danger to road users and protect neighbouring amenity.

3.         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.

4.         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.