Agenda item

Proposal:	Replacement of existing barn with barn-style dwelling and conversion of existing traditional brick and timber cart house to provide ancillary accommodation. Demolition of remaining barns and outbuilding.
Location:	Trunkwell Farm, Beech Hill Road, Beech Hill, Reading
Applicant:	Mr. Robert Walton
Area Planning Recommendation:	The Head of Planning and Countryside be authorised to Grant planning permission, subject to the completion of a S106 legal agreement.

 

The Committee considered a report (Agenda Item 4(4)) concerning Planning Application 10/02090/FULD in respect of the replacement of the existing barn with a barn-style dwelling and conversion of existing traditional brick and timer cart house to provide ancillary accommodation. Demolition of remaining barns and outbuilding.

In accordance with the Council’s Constitution, Mr. Robert Walton, applicant, addressed the Committee on this application.

The Planning Officer advised that the applicant had wanted to amend the description of the application but had not done so as this would have required further consultation.

Mr. Walton in addressing the Committee raised the following points:

·                    Mr. Walton thanked the Committee for attending the site visit;

·                    Mr. Walton confirmed that he had lived in Beech Hill for 20 years and ran and owned Trunkwell House. He had also had a public house in the area in the past and the village was therefore important to him;

·                    Mr. Walton stated that he had bought the farm in 2007 within the intention of living and retiring in it;

·                    The site had been purchased from THRIVE who were a charity that worked with children in horticulture. Mr. Walton had worked closely with THRIVE and confirmed that they were supportive of the application;

·                    Many of the outbuildings were derelict and a number of rats could often be seen in the gardens;

·                    The current application had arisen following a site visit from the Planning Officer who had advised that the cart shed should be retained and that the American barn should be redeveloped;

·                    The proposed development would not result in any additional dwellings/buildings on the site;

·                    The proposed application would tidy up what was a current blot on the landscape and the nearest footpath was at least 500m away and was therefore not close.

Members queried whether the barn which it was proposed to demolish had been used as a residential premises. Mr. Walton stated that there were three old barns on the site. The barn which had been used for residential purposes had been demolished in 1970 and the American barn had then been erected on the same site. The Planning Officer confirmed that there was no evidence of residential use of any of the barns/outbuildings.

Councillor Mollie Lock, as Ward Member, advised that the site had had planning permission an extant planning permission for the replacement of the existing farmhouse and the demolition of farm buildings to the east of the access road. The current application was to demolish all disused buildings apart from the cart shed. This would be used as ancillary accommodation and would be linked to the new barn type building. Councillor Lock felt that this application would enhance what could be considered as a dangerous site. The applicant was the owner of nearby Trunkwell House and he wanted to live and retire close to the area. The Parish Council had raised no objections and indeed supported the proposal.

Councillor Lock referred to paragraphs 6.1.2 and 6.1.3 of the report in respect of sustainability where it was considered that the site was not in a sustainable location. Councillor Lock felt that this argument could be made against and apply to any diversification of farms in rural areas. This application site was on the edge of the village adjacent to Trunkwell House which was a successful hotel venue in a country lane where a nearby house had recently been refurbished. Councillor Lock believed that by granting approval to the application it would enhance what was a derelict site and would enable the owner to live close to Trunkwell House which provided employment to local residents.

In considering the above application Members queried the fact that if this proposal was unsustainable then this had to be the case for the other properties within the village. The Planning Officer referred to previous planning applications a number of which had been approved. However, the current application needed to be considered under ENV.20 of the West Berkshire District Local Plan which related to proposals for the redevelopment of existing buildings in the countryside. As well as the requirement for the proposal to be in a sustainable location a number of criteria would need to be met. Criteria (a) stated that the redevelopment should have no greater impact (in terms of the size and bulk of buildings or site coverage) than the existing development. Although it was proposed that a number of barns would be removed, the proposed new dwelling would be built roughly on the footprint of the large steel framed open sided barn which was on the west of the site. The proposed building, although barn like in shape, would be over a metre taller and had large areas of glazing which would mean that the building would be prominent in the landscape and would be out of keeping in a rural location. The Planning Officer felt that this was a rebuild and not simply a conversion. In respect of farm diversification that only occurred if the original use of the site continued. This site was not a farm now as the majority of the buildings were derelict and abandoned. However, the site was still considered as agricultural in planning terms. The Planning Officer advised that the recommendation made by Officers was a clear decision for refusal rather than an on-balance decision due to the fact that it was contrary to a number of Council policies.

Some Members felt that the proposed dwelling was well designed and would sit well in the countryside. The site was an eyesore as it was derelict but the fact that the owner had let the site run down into a state of disrepair was not a valid planning reason to grant permission for an application.

Councillor Hilary Cole commented that both Western and Eastern Area Planning Committees considered similar applications on a regular basis. Any application in any small village could be considered to be unsustainable and few applications would meet all the prescribed criteria. She felt that on balance the proposed application would not harm the character of the area and should therefore be approved. Councillor Anthony Stansfeld agreed that there were inconsistencies between applications and he felt that the rules should be changed to encourage localism. Where Parish Councils were in support of an application then it should be allowed. Councillor Tony Vickers, whilst sympathising with the Officers’ views, stated that there was a local connection with the applicant and he felt that the proposal would improve the locality and would not be harmful to the countryside.

Councillor Keith Woodhams queried whether if this application were to be approved by the Committee would this set a precedent for future applications. The Planning Officer confirmed that as it had been considered by the District Planning Committee it would mean that it would set a precedent across the whole district. There were a large number of untidy and derelict barns across the district and there was a real possibility that there would be an increase in the number of similar types of application.  Councillor Brian Bedwell noted Officers’ comments but reminded the Committee that each application should be considered on its own merits.

Councillor Alan Law referred to the appeal decision which had been circulated with the Update Sheet and felt that it might add to even more confusion if this application were to be allowed. He suggested that it might be a better course of action to look at the Council’s policies ENV.19 and ENV.20 as soon as possible. Councillor Pamela Bale stated that the derelict state of the site was the responsibility of the owner. Each application should be considered on its own merits but the Local Plan and the Council’s own policies should be taken into account when making a decision as otherwise there would be no certainty for developers in respect of the planning framework which should be followed. Councillor Pamela Bale proposed that the Committee should support the Officer recommendation for refusal. This motion was seconded by Councillor Keith Woodhams. Following a vote the motion fell by 4 votes to 7.

An alternative motion was therefore proposed by Councillor Irene Neill for approval of the application and was seconded by Councillor Paul Bryant. The motion was carried by 7 votes to 4.

RESOLVED that the Head of Planning and Countryside be authorised to grant planning permission subject to the following conditions and the completion of a S106 agreement within two months to secure relevant contributions:

Conditions:

1          The development shall be started within three years from the date of this permission and implemented strictly in accordance with the approved plans.

Reason:  To enable the Local Planning Authority to review the desirability of the development against Policy OVS2 of the West Berkshire District Local Plan 1991 - 2006 Saved Policies 2007 should it not be started within a reasonable time.

2          The development hereby approved shall be carried out in accordance with drawing title numbers AP.0201; AP.0202; AP.0203; AP.0204; AP.0205; P 0100Rev AAP.0300; P.0102; AP.200; and P.0103  received on 9th September 2010, unless otherwise agreed in writing by the Local Planning Authority.

Reason:  To ensure that the development is carried out in accordance with the submitted details assessed against National, Regional and Local Planning Policy.

3          No development shall commence on site until samples of the materials to be used in the proposed development have been submitted to and approved in writing by the Local Planning Authority.  This condition shall apply irrespective of any indications as to the details that may have been submitted with the application, and shall where necessary include the submission of samples of glass, plastic and mortar materials. Thereafter the materials used in the development shall be in accordance with the approved samples.

Reason:  In the interests of visual amenity in accordance with Policy OVS2 of the West Berkshire District Local Plan 1991 - 2006 Saved Policies 2007.

4          No development or other operations shall commence on site until a scheme of fencing and other means of enclosure to be erected on the site is submitted to and approved in writing by the Local Planning Authority and no buildings shall be occupied before the fencing and other means of enclosure have been erected to the satisfaction of the Local Planning Authority.

Reason:  The fencing and other means of enclosure are essential elements in the detailed design of this development and the application is not accompanied by sufficient details to enable the Local Planning Authority to give proper consideration to these matters in accordance with Policy OVS2 of the West Berkshire District Local Plan 1991 -2006 Saved Policies 2007.

5          No development shall commence on site until a scheme for the means of treatment of the hard surfaced areas of the site is submitted to and approved in writing by the Local Planning Authority.  No building shall be occupied before the hard surfaced areas have been constructed in accordance with the approved scheme.

Reason:  In the interests of visual amenity, in accordance with Policy OVS.2 of the West Berkshire District Local Plan 1991 - 2006 Saved Policies 2007.

6          No development or other operations shall commence on site until a detailed scheme of landscaping for the site is submitted to and approved in writing by the Local Planning Authority. The details shall 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)         Completion of the approved landscape scheme within the first planting season following completion of development.

            b)         Any trees shrubs or plants that die or become seriously damaged within five years of this development shall be replaced in the following year by plants of the same size and species.

Reason:  To ensure the implementation of a satisfactory scheme of landscaping in accordance with the objectives of Policies OVS2 (a & b) and OVS 3 (b) of the West Berkshire District Local Plan Saved Policies 2007.

7          No development (including site clearance and any other preparatory works) shall commence on site until a scheme for the protection of trees to be retained is submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include a plan showing the location of the protective fencing, and shall specify the type of protective fencing, all in accordance with B.S.5837:2005. Such fencing shall be erected prior to any development works taking place and at least 2 working days notice shall be given to the Local Planning Authority that it has been erected. It shall be maintained and retained for the full duration of works or until such time as agreed in writing with the Local Planning Authority. No activities or storage of materials whatsoever shall take place within the protected areas without the prior written agreement of the Local Planning Authority.

Note: The protective fencing should be as specified at Chapter 9 and detailed in figure 2 of B.S.5837:2005.

Reason: To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase in accordance with Policy OVS 2b of West Berkshire Local Plan 1991 - 2006 Saved Policies 2007.

8          The development hereby permitted shall not be occupied until the buildings which are scheduled for demolition are demolished and removed from the site.

Reason: In the interests of amenity in accordance with Policy OVS.2 of the West Berkshire District Local Plan 1991-2006 Saved Policies 2007.

9          No development shall commence on site until details of floor levels in relation to existing and proposed ground levels are submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved levels.

Reason:  To ensure a satisfactory relationship between the proposed building and the adjacent land in accordance with Policy OVS2 of the West Berkshire District Local Plan 1991 - 2006 Saved Policies 2007

10        The garage/home office created from the cartshed shall be used only as an integral part of the existing dwelling, and for residential purposes incidental to the enjoyment of the occupiers of the dwelling. It shall not be used as a separate dwelling unit, and no separate curtilage shall be created. The car port shall be retained for the parking of cars and no trade, business or commercial enterprise of any kind whatsoever shall be carried on, in or from the converted cartshed.

Reason:  The creation of a separate unit of accommodation is inappropriate for the site, and  a commercial use of the site would be detrimental to the amenity of the area, in accordance with  Policy OVS2 of the West Berkshire District Local Plan 1991 - 2006 Saved Policies 2007.

11        No development shall commence until the applicants have submitted to the Local Planning Authority a scheme of works, or other steps as may be necessary to minimise the effects of dust from the development. Development shall not commence until written approval has been given by the Local Planning Authority to any such scheme of works.

Reason:  In the interests of amenities of neighbouring occupiers in accordance with Policy OVS.2 of the West Berkshire District Local Plan 1991-2006 Saved Policies 2007.

12        No development shall commence until  an investigation and risk assessment, in addition to any assessment provided with the planning application, have been completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

(i)      a survey of the extent, scale and nature of contamination;

(ii)     an assessment of the potential risks to:

-     human health,

-     property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

-     adjoining land,

-     groundwaters and surface waters,

-     ecological systems,

-     archeological sites and ancient monuments;

(iii)    an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment Agency’s Model Procedures for the Management of Land Contamination, CLR 11.

Reason:  To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 Saved Policies 2007.

13        Should contamination exist on the site no development shall commence until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been prepared, and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 Saved Policies 2007.

14        No development, other than that required to carry out remediation, shall commence until the approved remediation scheme has been carried out in accordance with its terms unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.  Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

Reason:  To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 Saved Policies 2007.

15        In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 12, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 13, which is subject to the approval in writing of the Local Planning Authority.  Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 14.

Reason:  To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 Saved Policies 2007.

16        A monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of years (to be agreed with the LPA), and the provision of reports on the same must be prepared, both of which are subject to the approval in writing of the Local Planning Authority.  Following completion of the measures identified in that scheme and when the remediation objectives have been achieved, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local Planning Authority.  This must be conducted in accordance with DEFRA and the Environment Agency's Model Procedures for the Management of Land Contamination, CLR 11.

Reason:  To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 Saved Policies 2007.

17        No development (including demolition) shall commence on site until the surveys outlined in the conclusions and recommendations section of the letter from AA Environmental LLP referenced 103133/ARB and dated 6th August 2010 have been undertaken and appropriate mitigation measures detailed and approved by the Local Planning Authority.  The approved bat mitigation measures shall be implemented in accordance with the approved programme.

Reason:  To ensure the protection of protected species and in accordance with Policy ENV9A of the West Berkshire District Local Plan 1991-2006 Saved Policies 2007 and Planning Policy Guidance Note 9

18        No external lights shall be operated on site which illuminate the access/egress points to any bat roosts established by the approved bat mitigation plan.

Reason:  To ensure the protection of protected species and in accordance with Policy ENV9A of the West Berkshire District Local Plan 1991-2006 Saved Policies 2007 and Planning Policy Guidance Note 9.

19        The approved bat mitigation measures shall be monitored at 1 and 3 years after their implementation and the Local Planning Authority shall be supplied with reports about this monitoring within 1 month of each monitoring visit. in accordance with Policy ENV9A of the West Berkshire District Local Plan 1991-2006 Saved Policies 2007 and Planning Policy Statement 9.

Reason:  To assess the effectiveness of the approved mitigation scheme and ensure the mitigation measures are maintained in the future to ensure the protection of a protected species in accordance with Policy ENV9A of the West Berkshire District Local Plan 1991-2006 Saved Policies 2007.

20        No works (including demolition) shall commence on site until a detailed Great Crested Newt mitigation plan and implementation programme has been supplied to and approved by the Local Planning Authority. The approved plan shall be implemented in full, in accordance with the approved plan and implementation programme.

Reason:  To ensure the protection of protected species and in accordance with Policy ENV9A of the West Berkshire District Local Plan 1991-2006 Saved Policies 2007.

21        No demolition/ site works/ development shall take place within the application area until the applicant has secured the implementation of a programme of building recording in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority.

Reason:  To ensure that an adequate record is made of these farm buildings of historic interest in accordance with Policy PPS5.

22        No development shall commence until details of the external lighting to be used in the areas around the proposed buildings have been submitted to and approved in writing by the Local Planning Authority. Thereafter no building shall be occupied until the external lighting has been installed in accordance with the approved details.

Reason: The Local Planning Authority wish to be satisfied that these details are satisfactory, having regard to the setting of the development in accordance with Policy OVS2 of the West Berkshire District Local Plan 1991-2006 Saved Policies 2007

23        Irrespective of the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any subsequent revision), no additions or extensions to the dwelling shall be built or ancillary buildings or structures erected within the curtilage, unless permission in writing has been granted by the Local Planning Authority on an application made for the purpose.

Reason:  To prevent the overdevelopment of the site and to prevent inappropriate alterations to the barn in this rural location in accordance with Policy CC6 of the South East Plan 2009 and Policy OVS2 of the West Berkshire District Local Plan 1991-2006 Saved Policies 2007.