Agenda item

Proposal:	Change of use of agricultural land to equestrian and erection of stable block/yard, menage and creation of associated access. Retention of 4 No. temporary field shelters and mobile stable unit on skids.
Location:	Land North and West Of Glebe End Accessed by Shortheath Lane, Sulhamstead, Reading
Applicant:	Mrs Amanda Cottingham
Recommendation:	To delegate to the Service Director of Development & Regulation to GRANT PLANNING PERIMSSION subject to conditions.

 

The Chairman noted that Mr Peter James had originally registered to address the Committee on the planning application at its meeting on 14 September 2022, which had subsequently been cancelled. Due to holiday commitments he had been unable to re-register. In accordance with the Council’s Constitution paragraph 7.6.2, the Committee supported the Chairman’s motion that Standing Orders be suspended to allow Mr James to address the Committee. 

The Committee considered a report (Agenda Item 4(1)) concerning Planning Application 21/03260/COMIND in respect of a proposed change of use of agricultural land to equestrian and the erection of a stable block/yard and manége as well as the creation of associated access at land north and west of Glebe End, accessed by Shortheath Lane, Sulhamstead, Reading. The proposal included the retention of four temporary field shelters and mobile stable unit on skids.

Ms Sissi Yang, 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 Service Director of Development & Regulation be authorised to grant planning permission subject to the conditions outlined in the main and update reports.

In accordance with the Council’s Constitution, Mr Peter James, objector, and Mrs Amanda Cottingham, applicant, addressed the Committee on this application.

Objector Representation

Mr Peter James in addressing the Committee raised the following points:

·         Mr James commented that his main concern related to the size of the development and suggested that sixteen stables, four temporary shelters, and a large manége indicated that the applicant planned a commercial business.

·         Mr James suggested that naming the location ‘Oakdown Fields’ as a google business was further evidence to suggest a planned commercial venture.

·         Mr James expressed concern at the increased use of lighting by the development and the adverse impact to local wildlife.

·         Mr James suggested that increased traffic utilising the stables would further detrimentally impact the surrounding roads.  

Member Questions to the Objector

Members did not have any questions of clarification.

Applicant Representation

Mrs Amanda Cottingham in addressing the Committee raised the following points:

·         Mrs Cottingham clarified that the google pin had been dropped to assist in locating the property for delivery purposes.

·         Mrs Cottingham noted that condition 8 would cover any concern relating to external lighting at the development.

·         Mrs Cottingham expressed concern at the extent of the conditions required, stating that they appeared to require the submission of a further eight plans. Mrs Cottingham requested reassurance that satisfying the conditions would not lead to further delay to the development.

·         Mrs Cottingham queried why a number of the conditions had been included when they were not applicable to the development. It was requested that they be reviewed to reflect only issues relating to the application. 

·         Mrs Cottingham suggested that a number of the conditions seemed excessive given that the development was not proposed for commercial use.

Member Questions to the Applicant/Agent

Councillor Jo Stewart queried the proposed use of the manége. Mrs Cottingham explained that she was a showjumper with a number of horses and required somewhere safe to exercise and ride them.

Councillor Stewart suggested that sixteen horses seemed a large number for personal use, however Mrs Cottingham commented that there were nine horses currently at the location; four of which were retired, one used for competing, three owned by Mrs Cottingham’s daughter, one by her daughter’s partner and there was also a pony owned by her grandson. It was explained that provision for sixteen horses would allow for a square stable block.

Mrs Cottingham clarified that the stable block would be a permanent structure.

Ward Member Representation

Councillor Ross Mackinnon expressed a desire to participate in the debate and so did not make a representation.

Questions to Officers

Councillor Richard Somner noted that there had been a previous change of use at the site from agriculture to private grazing in 1997 and queried whether this would cause any obstacle to the current application. Mr Bob Dray, Acting Development Control Manager, confirmed that it would not.

Councillor Graham Pask requested that Mr Dray address the applicant’s concerns at the extent of the conditions applied. Mr Dray commented that officers were keen to keep conditions to the bare minimum necessary to make a development acceptable. Mr Dray explained that each requirement was listed as a different condition to ensure that they were precise and enforceable, but that it was possible to address a number of conditions within one submission. Further, Mr Dray commented that proportionality would be applied in the actions required to discharge the conditions.

Debate

Councillor Somner opened the debate by acknowledging that the main concern with the application related to the size and use of the proposed stables. However, having spent time with family and friends that owned horses, Councillor Somner recognised that they required space and particular facilities.

Councillor Somner acknowledged condition 16 which required that the development be for private use only and expressed sadness that the community would be losing use of such a facility.

Councillor Somner did not feel that the application represented a major development and commented that he was inclined to support the Officer’s recommendations.

Councillor Tony Linden agreed with Councillor Somner’s comments and proposed to accept the Officer’s recommendation and grant planning permission subject to the conditions listed in the main report and update report. This was seconded by Councillor Somner.

Councillor Mackinnon noted Mrs Cottingham’s concern about the conditions but felt that Mr Dray had addressed the matter. Councillor Mackinnon also sympathised with the concerns raised by Mr James in relation to the commercial nature of the venture, however noted that this was now dealt with by condition 16, and so agreed with the views expressed by Councillor Somner.

Councillor Stewart also expressed agreement with Councillor Somner’s reasoning.

The Chairman invited Members of the Committee to vote on the proposal by Councillor Linden, seconded by Councillor Somner to grant planning permission. At the vote the motion was carried.

RESOLVED that: the Service Director for Development and Regulation be authorised to grant planning permission subject to the following conditions and for the following reasons:

Conditions

1.       Commencement of development

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.       Approved plans

The development hereby permitted shall be carried out in accordance with the approved plans and documents listed below:

·         J0045728-21-03 Location Plan received 28.01.2022;

·         Block Plan Showing Parking received 22.02.2022;

·         Stable Proposed Side Elevations received 28.01.2022;

·         Stable Proposed Front/Rear Elevations received 28.01.2022;

·         Stable Proposed Internal Side Elevations received 28.01.2022;

·         Stable Proposed Internal Front/Rear Elevations received 28.01.2022;

·         Proposed Arena Fencing received 28.01.2022;

·         Stable Yard Floor Plan received 28.01.2022;

·         Menage Proposed Cross Sections 28.01.2022;

·         Proposed Arena Surface Details received 28.01.2022

·         Mobile Field Shelters received 22.02.2022;

·         Twin Stable Elevations received 22.02.2022;

·         Mobile Stable received 22.02.2022;

·         Field Shelter 1 received 22.02.2022;

·         J0045728-21-03 Proposed Mobile Shelters 22.02.2022;

·         Information on Proposed Gateway received 22.02.2022

·         Plan 8490/201 Site Access & Visibility Splay received 09.03.2022

·         Parking Plan with 5m Hedge Root Protection Zone received 31.03.2022

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

 

3.     Construction method statement

No development shall take place until a Construction Method Statement (CMS) has been submitted to and approved in writing by the Local Planning Authority.  Thereafter the demolition and construction works shall incorporate and be undertaken in accordance with the approved CMS.  The CMS shall include measures for:

(a)  A site set-up plan during the works;

(b)  Parking of vehicles of site operatives and visitors;

(c)  Loading and unloading of plant and materials;

(d)  Storage of plant and materials used in constructing the development;

(e)  Erection and maintenance of security hoarding including any decorative displays and/or facilities for public viewing;

(f)  Temporary access arrangements to the site, and any temporary hard-standing;

(g)  Wheel washing facilities;

(h)  Measures to control dust, dirt, noise, vibrations, odours, surface water run-off, and pests/vermin during construction;

(i)    A scheme for recycling/disposing of waste resulting from demolition and construction works;

(j)    Hours of construction and demolition work;

(k)  Hours of deliveries and preferred haulage routes;

Reason:   To safeguard the amenity of adjoining land uses and occupiers, and in the interests of highway safety.  This condition is applied in accordance with the National Planning Policy Framework, Policies CS13 and CS14 of the West Berkshire Core Strategy 2006-2026, and Policies OVS.5, OVS.6 and TRANS.1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).  A pre-commencement condition is required because the CMS must be adhered to during all demolition and construction operations.

4.     Construction Environmental Management Plan

No development shall take place (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall include the following:

(a)  Risk assessment of potentially damaging construction activities.

(b)  Identification of “biodiversity protection zones”.

(c)  Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).

(d)  The location and timing of sensitive works to avoid harm to biodiversity features.

(e)  The times during construction when specialist ecologists need to be present on site to oversee works.

(f)   Responsible persons and lines of communication.

(g)  The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

(h)  Use of protective fences, exclusion barriers and warning signs.

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

Reason: To ensure the conservation and enhancement of the biodiversity assets of the site.  This condition is applied in accordance with the National Planning Policy Framework, and Policies CS17 and CS19 of the West Berkshire Core Strategy 2006-2026.  A pre-commencement condition is required because the CEMP will need to be adhered to throughout construction.

5.     Tree protection scheme

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.  The protective fencing should be as specified at Chapter 6 and detailed in figure 2 of B.S.5837:2012.  All 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.

Reason: To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase in accordance with the National Planning Policy Framework, and Policies CS14, CS18 and CS19 of West Berkshire Core Strategy 2006-2026. A pre-commencement condition is necessary because insufficient detailed information accompanies the application; tree protection installation measures may be required to be undertaken throughout the construction phase and so it is necessary to approve these details before any development takes place.

6.       Landscaping

The use hereby permitted shall not commence until a detailed soft landscaping scheme has been submitted to and approved in writing by the Local Planning Authority.  The soft landscaping scheme shall include detailed plans, planting and retention schedule, programme of works, and any other supporting information.  All soft landscaping works shall be completed in accordance with the approved soft landscaping scheme within the first planting season following completion of building operations / first use of the land for equestrian purposes (whichever occurs first).  Any trees, shrubs, plants or hedges planted in accordance with the approved scheme which are removed, die, or become diseased or become seriously damaged within five years of completion of this completion of the approved soft landscaping scheme shall be replaced within the next planting season by trees, shrubs or hedges of a similar size and species to that originally approved.

Reason:   Landscaping is an integral element of achieving high quality design.  This condition is applied in accordance with the National Planning Policy Framework, Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), and the Quality Design SPD.

7.       Biodiversity Mitigation and Enhancement Plan

No development shall take place until a Biodiversity Mitigation and Enhancement Plan has been submitted to and approved in writing by the Local Planning Authority.  This plan shall include measures to mitigate the impact of the development on existing ecological assets, and deliver biodiversity enhancements.  The plan may include (but not necessarily be limited to) using the landscaping scheme to deliver biodiversity enhancements.  Thereafter the development shall be carried out in accordance with the approved details.

Reason: To ensure the conservation and enhancement of the biodiversity assets of the site.  This condition is applied in accordance with the National Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy 2006-2026.  A pre-commencement condition is required because the Mitigation and Enhancement Plan will need to be adhered to throughout construction.

8.       Lighting strategy (Landscape/Ecology)

No external lighting shall be installed until a lighting strategy has been submitted to and approved in writing by the Local Planning Authority.  The strategy shall:

(a)  Include isolux contour diagram(s) of the proposed lighting.

(b)  Ensure all lighting levels are designed within the limitations of the appropriate lighting zone, as described by the Institute of Lighting Engineers.

No external lighting shall be installed within the application site except in accordance with the above strategy.

Reason:   To ensure the conservation and enhancement of the biodiversity assets of the site, and ensure lighting is appropriate within the landscape.  This condition is applied in accordance with the National Planning Policy Framework, and Policies CS17 and CS19 of the West Berkshire Core Strategy 2006-2026.

9.       Ecology report valid for 3 years

If the development hereby approved does not commence by 10^th February 2025 (3 years from the original ecology survey), a further ecology survey shall be carried out and a report submitted to the Local Planning Authority for approval before any development takes place.  Where the survey results indicate that changes have occurred that will result in ecological impacts not previously addressed in the approved scheme, the original approved ecological measures will be revised and new or amended measures, and a timetable for their implementation, will be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. Works will then be carried out in accordance with the proposed new approved ecological measures and timetable.

IMPORTANT: If any protected species are identified in the new surveys that were not previously known to be on site, and are likely to be harmed by the development, then a protected species licence might be required before works can commence.  Advice should be sought from Natural England and/or a suitably qualified ecologist.

Reason:  To ensure the conservation and enhancement of the biodiversity assets of the site.  This condition is applied in accordance with the National Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy 2006-2026.

10.    Materials

The materials to be used in the development hereby permitted shall be as specified on the plans and the application forms.

Reason:   To ensure that the external materials respect the character and appearance of the area.  This condition is applied in accordance with the National Planning Policy Framework, Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), and Supplementary Planning Document Quality Design (June 2006).

11.  Hours of work (construction/demolition)

No demolition or construction works shall take place outside the following hours, unless otherwise agreed in writing by the Local Planning Authority:

8:30am to 6:00pm Mondays to Fridays;

9:00am to 1:00pm Saturdays;

No work shall be carried out at any time on Sundays or Bank Holidays.

Reason:   To safeguard the amenities of adjoining land uses and occupiers.  This condition is applied in accordance with the National Planning Policy Framework, and Policy CS14 of the West Berkshire Core Strategy 2006-2026.

12.  Drainage

The construction of the stables and/or menage shall not commence until a drainage strategy for the development has been submitted to and approved in writing by the Local Planning Authority.  The stables and/or menage shall not be brought into use until the drainage measures have been provided in accordance with the 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, Policy CS16 of the West Berkshire Core Strategy (2006-2026), Part 4 of Supplementary Planning Document Quality Design (June 2006), Sustainable Drainage SPD (2008).

13.    Number of horses

No more than 16 horses shall be stabled on the site at any one time.

Reason:  To ensure the scale and intensity of the development is appropriate to its location.  This condition is applied in accordance with the National Planning Policy Framework, Policies CS12, CS13 and CS14 of the West Berkshire Core Strategy (2006-2026), and Policy ENV.29 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

14.    Hay store/tack room use

The bedding & hay store and tack area(s) as indicated on the plans submitted with the application shall be used solely for these purposes, and shall not be used for the accommodation of horses.

Reason:  To ensure the scale and intensity of the development is appropriate to its location, and to ensure adequate facilities are maintained.  This condition is applied in accordance with the National Planning Policy Framework, Policies CS12, CS13 and CS14 of the West Berkshire Core Strategy (2006-2026), and Policy ENV.29 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

15.    Manure storage and disposal

The development shall not be first brought into use until full details of the method of storage of manure and its removal has been submitted to and approved in writing by the Local Planning Authority.  Thereafter the methods of storage of manure shall be implemented in accordance with the approved details.

Reason:  To prevent the proliferation of manure which would detract from the quality of the AONB and in the interests of amenity and to avoid any possible water/land contamination. This condition is applied in accordance with the National Planning Policy Framework, Policies CS12 of the West Berkshire Core Strategy (2006-2026), and Policies OVS.5 and ENV.29 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

16.    Private equestrian use only

Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended) and the Town and Country Planning (General Permitted Development) (England) Order 2015 (or an orders revoking and re-enacting or amending those orders, with or without modification), the application site shall only be used for private recreational equestrian purposes.  The site shall not be used for any other equestrian purpose including commercial riding, breeding, training or liveries.

Reason: In the interests of amenity and to ensure an appropriate intensity of use. This condition is applied in accordance with the National Planning Policy Framework, Policies CS12, CS13 and CS14 of the West Berkshire Core Strategy (2006-2026), and Policy ENV.29 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

Informatives

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.

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.

Trees

·         To ensure that the trees/hedges which are to be retained are protected from damage, ensure that all works occur in a direction away from the trees.

·         In addition that no materials are stored within close proximity i.e. underneath the canopy of trees/hedges to be retained.

·         Ensure that all mixing of materials that could be harmful to tree/hedge roots is done well away from trees/hedges (outside the canopy drip line) and downhill of the trees if on a slope, to avoid contamination of the soil.

·         To ensure the above, erect chestnut pale fencing on a scaffold framework at least out to the canopy extent to preserve rooting areas from compaction, chemicals or other unnatural substances washing into the soil.

·         If this is not possible due to working room / access requirements The ground under the trees’/hedge canopies on the side of construction / access should be covered by 7.5cm of woodchip or a compressible material such as sharp sand, and covered with plywood sheets / scaffold boards to prevent compaction of the soil and roots. This could be underlain by a non permeable membrane to prevent lime based products / chemicals entering the soil.

·         If there are any existing roots in situ and the excavation is not to be immediately filled in, then they should be covered by loose soil or dry Hessian sacking to prevent desiccation or frost damage. If required, the minimum amount of root could be cut back using a sharp knife.

·         If lime based products are to be used for strip foundations then any roots found should be protected by a non permeable membrane prior to the laying of concrete.

Proactive statement

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.