Agenda item

Approved in line with officer recommendation, subject to conditions, details to be set out in the minutes.

The Committee considered application, 23/00831/F for the erection of a single storey 18 stable block with 2 storey frontage and for feed and bedding storage with tractor access in a courtyard arrangement associated storage, the formation of a 30x60m outdoor riding arena, lunge pen, horse walker and covered trailer parking and a temporary dwelling for a period of 3 years at part of OS Parcel 7700 adjoining B4035 and Swalcliffe Road Upper Tadmarton for Ms Katie Lavin.

 

Councillor Douglas Webb addressed the Committee as Local Ward Member.

 

Jane Fitzpatrick, on behalf of Tadmarton Parish Council, addressed the Committee in objection to the application.

 

Katie Lavin, the applicant, addressed the Committee in support of the application.

 

In reaching its decision the Committee considered the officers’ report and presentation, addresses from the public speakers and the written updates.

 

Resolved

 

That, in line with the officer’s recommendation authority be delegated to the Assistant Director for Planning and Development to grant permission for application 23/00831/F, subject to the conditions set out below, and any amendments to those conditions as deemed necessary.

 

Conditions

 

Time Limit

 

1.         The development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission.

 

Reason - To comply with the provisions of Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

Compliance with Plans

 

2.         Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the following plans and documents: Proposed scheme site plan (Titled: 5426-29 Rev G), Stables – plans/elevations/section (Titled: 5426-24 Rev C), Arean Elevations (Titled: 5426- 25), Temporary Dwelling (Titled: 5426 27), Proposed Scheme Sections (Titled: 5426-22 Rev C).

 

Reason – For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and comply with Government guidance contained within the National Planning Policy Framework.

 

3.         No development shall commence unless and until full details of the means of access between the land and the highway, including, position, layout, construction, drainage and vision splays have been submitted to and approved in writing by the Local Planning Authority. The means of access shall be constructed in full accordance with the approved details prior to the first use or occupation of the development and shall be retained as such thereafter.

 

Reason - In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework.

 

4.         No development shall commence unless and until a Construction Environment and Traffic Management Plan (CETMP) has been submitted to and approved in writing by the Local Planning Authority. The CETMP shall include a commitment to deliveries only arriving at or leaving the site outside local peak traffic periods and shall include working hours. The approved CETMP shall be implemented and operated in accordance with the approved details. The CETMP must be appropriately titled, include the site and planning permission number and must include the following:

a. Routing of construction traffic and delivery vehicles is required to be shown and signed appropriately to the necessary standards/requirements. This includes means of access into the site.

b. Details of and approval of any road closures needed during construction.

c. Details of and approval of any traffic management needed during construction.

d. Details of wheel cleaning/wash facilities – to prevent mud etc, in vehicle tyres/wheels, from migrating onto adjacent highway.

e. Details of appropriate signing, to accord with the necessary standards/requirements, for pedestrians during construction works, including any footpath diversions.

f. The erection and maintenance of security hoarding / scaffolding if required.

g. A regime to inspect and maintain all signing, barriers etc.

h. Contact details of the Project Manager and Site Supervisor responsible for on-site works to be provided.

i. The use of appropriately trained qualified and certificated banksmen for guiding vehicles/unloading etc.

j. No unnecessary parking of site related vehicles (worker transport etc) in the vicinity – details of where these will be parked, and occupiers transported to/from site to be submitted for consideration and approval. Areas to be shown on a plan not less than 1:500.

k. Layout plan of the site that shows structures, roads, site storage, compound, pedestrian routes etc.

l. A before-work commencement highway condition survey and agreement with a representative of the Highways Depot – contact 0845 310 1111. Final correspondence is required to be submitted.

m. Local residents to be kept informed of significant deliveries and liaised with through the project. Contact details for person to whom issues should be raised with in first instance to be provided and a record kept of these and subsequent resolution.

n. Any temporary access arrangements to be agreed with and approved by Highways Depot.

o. Details of times for construction traffic and delivery vehicles, which must be outside network peak and school peak hours.

 

Reason: In the interests of highway safety and to mitigate the impact of construction vehicles on the surrounding highway network, road infrastructure and local residents, particularly at morning and afternoon peak traffic times

 

5.         No development shall commence unless and until a schedule of materials and finishes to be used in the external walls and roof(s) of the buildings and riding arena has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in full accordance with the approved details and shall be retained as such thereafter.

 

Reason: To safeguard the character and appearance of the area in accordance with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

6.         No development shall commence unless and until a scheme for landscaping the site has been submitted to and approved in writing by the Local Planning Authority which shall include:

 

(a) details of the proposed tree and shrub planting including their species, number, sizes and positions, together with grass seeded/turfed areas and written specifications (including cultivation and other operations associated with plant and grass establishment i.e. depth of topsoil, mulch, etc.),

 

(b) details of the existing trees and hedgerows to be retained as well as those to be felled, including existing and proposed soil levels at the base of each tree/hedgerow and the minimum distance between the base of the tree and the nearest edge of any excavation,

 

(c) details of the hard landscaping including hard surface areas, pavements, pedestrian areas and steps,

 

(d) details of the enclosures along the boundaries of the site.

 

All planting, seeding or turfing included in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the building(s) [or on the completion of the development, whichever is the sooner,] and shall be maintained for a period of 5 years from the completion of the development. Any trees and/or shrubs which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. The approved hard landscaping and boundary treatments shall be completed prior to the first occupation of the development and shall be retained as such thereafter.

 

Reason: To ensure that a satisfactory landscape scheme is provided in the interest of visual amenity of the area and to comply with Policies ESD13 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

7.         No sound-amplifying equipment shall be installed or operated on the premises.

 

Reason: To ensure the creation of a satisfactory environment free from intrusive levels of noise in accordance with saved Policy ENV1 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

8.         Prior to the first use of the development hereby approved details of the external lighting/security lighting including the design, position, orientation and any screening of the lighting shall be submitted to and approved in writing by the Local Planning Authority. The lighting shall be installed in accordance with the approved scheme prior to the first use of the development hereby approved and shall be retained and operated as such at all times thereafter.

 

Reason: In the interests of visual amenity and highway safety and to protect the amenities of nearby residents and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policies C28 and ENV1 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

9.         No part of the development hereby permitted shall take place until a desk study and site walk over to identify all potential contaminative uses on site, and to inform the conceptual site model has been carried out by a competent person and in accordance with DEFRA and the Environment Agency's ‘Model Procedures for the Management of Land Contamination, CLR 11’ and has been submitted to and approved in writing by the Local Planning Authority. No development shall take place until the Local Planning Authority has given its written approval that it is satisfied that no potential risk from contamination has been identified.

 

Reason: To ensure that any ground and water contamination is identified and adequately addressed to ensure the safety of the development, the environment and to ensure the site is suitable for the proposed use to comply with saved Policy ENV12 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

10.      If a potential risk from contamination is identified as a result of the work carried out under condition 9, prior to the commencement of the development hereby permitted a comprehensive intrusive investigation in order to characterise the type, nature and extent of contamination present, the risks to receptors and to inform the remediation strategy proposals shall be documented as a report undertaken by a competent person and in accordance with DEFRA and the Environment Agency's ‘Model Procedures for the Management of Land Contamination, CLR 11’ and submitted to and approved in writing by the Local Planning Authority. No development shall take place unless the Local Planning Authority has given its written approval that it is satisfied that the risk from contamination has been adequately characterised as required by this condition.

 

Reason: To ensure that any ground and water contamination is adequately addressed to ensure the safety of the development, the environment and to ensure the site is suitable for the proposed use, to comply with saved Policy ENV12 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

11.      If contamination is found by undertaking the work carried out under condition 10, prior to the commencement of the development hereby permitted a scheme of remediation and/or monitoring to ensure the site is suitable for its proposed use shall be prepared by a competent person and in accordance with DEFRA and the Environment Agency's ‘Model Procedures for the Management of Land Contamination, CLR 11’ and submitted to and approved in writing by the Local Planning Authority. No development shall take place until the Local Planning Authority has given its written approval of the scheme of remediation and/or monitoring required by this condition.

 

Reason: To ensure that any ground and water contamination is adequately addressed to ensure the safety of the development, the environment and to ensure the site is suitable for the proposed use, to comply with saved Policy ENV12 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

12.      If remedial works have been identified in condition 10, the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition 11. A verification report that demonstrates the effectiveness of the remediation carried out must be submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure that any ground and water contamination is adequately addressed to ensure the safety of the development, the environment and to ensure the site is suitable for the proposed use, to comply with saved Policy ENV12 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

13.      If, during development, contamination not previously identified is found to be present at the site, no further development shall be carried out until full details of a remediation strategy detailing how the unsuspected contamination shall be dealt with has been submitted to and approved in writing by the Local Planning Authority. Thereafter the remediation strategy shall be carried out in accordance with the approved details.

 

Reason: To ensure that any ground and water contamination is identified and adequately addressed to ensure the safety of the development, the environment and to ensure the site is suitable for the proposed use, to comply with saved Policy ENV12 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

14.      The development hereby permitted shall be carried out in accordance with the recommendations set out in [**] of the [**] by [**] dated [**] unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To protect habitats and/or species of importance to nature conservation from significant harm in accordance with Government guidance contained within the National Planning Policy Framework.

 

15.      A method statement for enhancing the biodiversity shall be submitted to and approved in writing by the Local Planning Authority prior to the development reaching slab level. Thereafter, the biodiversity enhancement measures approved shall be carried out prior to occupation and retained in accordance with the approved details.

 

Reason: To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy ESD10 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

16.      Notwithstanding the provisions of Schedule 2, Part 1, Classes A-D inclusive of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting or amending that order with or without modification) no enlargement of the dwellinghouse shall be undertaken at any time without the prior planning permission of the Local Planning Authority.

 

Reason: Taking into account the density of the site it is considered to be in the public interest to ensure the merits of future proposals can be assessed by the Local Planning Authority so that the amenities of the adjoining occupier(s) are not adversely affected in accordance with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policies C28 and C30 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

17.      The living accommodation hereby approved shall be occupied solely in conjunction with and ancillary to equine use hereby approved and shall not be sold, leased or occupied as a separate unit of accommodation.

 

Reason: This consent is only granted in view of the special circumstances and needs of the applicant, which are sufficient to justify overriding the normal planning policy considerations which would normally lead to a refusal of planning consent, in accordance with saved Policy H18 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

18.      At the expiration of three years from the date hereof the temporary dwelling shall be removed from the site and the land shall be restored to its former condition on or before that date.

 

Reason: Planning permission has only been granted in view of the essential need for a new dwelling in accordance with saved Policy H18 of the CLP 1996 and government guidance contained within the National Planning Policy Framework and because of the temporary nature of the building.