AGENDA ITEM NO.

DEVELOPMENT MANAGEMENT PANEL 18 APRIL 2011

Case No: 1100214AGDET Agricultural Determination Application

Proposal: Erection of farm building

Location: New Farm Hamerton Road

Applicant: K M And J L Baker (FAO Mr K Baker)

Grid Ref: 517595 277337

Date of Registration: 28.03.2011

Parish: ALCONBURY WESTON

RECOMMENDATION - APPROVE

1. DESCRIPTION OF SITE AND APPLICATION

1.1 This application has been referred to Panel for probity reasons as one of the applicants is a Council Member.

1.2 The site forms part of a farm yard which comprises two modern farm buildings and associated hardstandings in the countryside on the north-western outskirts of Alconbury Weston village. The site is accessed by a long narrow access from the classified ‘C105’ road. The access lies west of No 84 Hamerton Road and its garden and the yard lies behind two dwellings: No’s 78 and 84 Hamerton Road.

1.3 The application seeks a determination as to whether the prior approval of the Local Planning Authority is required in respect of the siting, design and external appearance of the building only.

1.4 The proposal is to erect an agricultural building on an area of hardstanding north-west of the existing agricultural buildings. The building is to store agricultural machinery and produce and would measure approximately 18.3m x 12.2m (223.26sqm), 7m high to the ridge and 5.2m high to the eaves.

1.5 The building would be enclosed on two elevations but would be open to the south-west/front and south-east side. The building would be clad in juniper green colour metal walls with cement fibre upper gables and roofing.

1.6 The farm yard abuts, but lies outside, the Conservation Area. The access to the site and No’s 78 and 84 Hamerton Road are within the Alconbury Weston Conservation Area. Additionally No. 78 Hamerton Road is a Grade II listed building.

1.7 There is a public footpath which travels east of the farm yard and through the field north of the farm yard.

1.8 Two overhead electricity lines are in the vicinity of the building: one travels up the west side of the access to the site and the other lies north of the site of the proposed building.

1.9 The village and the part of Hamerton Road outside the site are liable to flood: zone 2, medium probability, of flooding according to the Environment Agency models 2009 and 2010 and low risk according to District Council’s SFRA 2010.

1.10 The applicant advises that the existing farm acreage is 157 hectares with 15 hectares of grassland and the remainder arable and that there are no other groups of agricultural buildings available on the farm holding.

2. NATIONAL GUIDANCE

2.1 Schedule 2, Part 6, Class A of The Town and Country Planning (General Permitted Development) Order 1995 (as amended by Statutory Instrument 1997 No. 366 The Town and Country Planning (General Permitted Development) (Amendment) Order 1997).

2.2 PPS1: “Delivering Sustainable Development” (2005) contains advice on the operation of the plan-led system.

2.3 PPS5: Planning for the Historic Environment (2010) sets out the Government's planning policies on the conservation of the historic environment.

2.4 PPS7: “Sustainable Development in Rural Areas” (2004) sets out the Government's planning policies for rural areas, including country towns and villages and the wider, largely undeveloped countryside up to the fringes of larger urban areas.

2.5 PPS25: “Development and Flood Risk” (revised 2010) sets out Government policy on development and flood risk. Its aims are to ensure that flood risk is taken into account at all stages in the planning process to avoid inappropriate development in areas at risk of flooding, and to direct development away from areas of highest risk. Where new development is, exceptionally, necessary in such areas, policy aims to make it safe, without increasing flood risk elsewhere, and, where possible, reducing flood risk overall.

For full details visit the government website http://www.communities.gov.uk and follow the links to planning, Building and Environment, Planning, Planning Policy.

3. PLANNING POLICIES

Further information on the role of planning policies in deciding planning applications can also be found at the following website: http://www.communities.gov.uk then follow links Planning, Building and Environment, Planning, Planning Information and Guidance, Planning Guidance and Advice and then Creating and Better Place to Live

2 3.1 East of Plan - Revision to the Regional Spatial Strategy (May 2008). Policies viewable at http://www.go-east.gov.uk then follow links to Planning, Regional Planning then Related Documents:

• ENV6 : “The Historic Environment” - Within plans, policies, programmes and proposals local planning authorities and other agencies should identify, protect, conserve and, where appropriate, enhance the historic environment of the region including Conservation Areas and Listed Buildings.

• ENV7 : “Quality in the Built Environment” - requires new development to be of high quality which complements the distinctive character and best qualities of the local area and promotes urban renaissance and regeneration.

• WAT4 : “Flood Risk Management” – River flooding is a significant risk in parts. The priorities are to defend existing properties from flooding and locate new development where there is little or no flooding.

3.2 and Peterborough Structure Plan (2003) Saved policies from the Cambridgeshire and Peterborough Structure Plan 2003 are relevant and viewable athttp://www.cambridgeshire.gov.uk follow the links to environment, planning, planning policy and Structure Plan 2003: none relevant.

3.3 Huntingdonshire Local Plan (1995) Saved policies from the Huntingdonshire Local Plan 1995 are relevant and viewable at www.huntingdonshire.gov.uk/localplan95:

• En20 : "Landscaping Scheme" - Wherever appropriate a development will be subject to the conditions requiring the execution of a landscaping scheme.

• En2 :“Character and setting of Listed Buildings” - indicates that any development involving or affecting a building of architectural or historic merit will need to have proper regard to the scale, form, design and setting of that building.

• En5 : “Conservation Area Character” - development within or directly affecting conservation areas will be required to preserve or enhance their character and appearance.

• En9 : “Conservation Areas” - development should not impair open spaces, trees, street scenes and views into and out of Conservation Areas.

• En25 : "General Design Criteria" - expects all new development to relate sensitively to its surroundings.

• CS8 : “Water” – satisfactory arrangements for the availability of water supply, sewerage and sewage disposal facilities, surface water run-off facilities and provision for land drainage will be required.

3.4 Huntingdonshire Local Plan Alterations (2002) Saved policies from the Local Plan Alterations 2002 are relevant and viewable at www.huntingdonshire.gov.uk/localplan - Then click on "Local Plan Alteration (2002): none relevant. 3

3.5 Policies from the Adopted Huntingdonshire Local Development Framework Core Strategy 2009 are relevant and viewable at http://www.huntsdc.gov.uk click on Environment and Planning then click on Planning then click on Planning Policy and then click on Core Strategy where there is a link to the Adopted Core Strategy:

• CS1 : “Sustainable development in Huntingdonshire” – all developments will contribute to the pursuit of sustainable development, having regard to social, environmental and economic issues. All aspects will be considered including design, implementation and function of development.

3.6 Policies from the Development Management DPD: Proposed Submission 2010 are relevant:

• C1 : “Sustainable Design” – development proposals should take account of the predicted impact of climate change over the expected lifetime of the development.

• C5 : “Flood Risk and Water Management” – development proposals should include suitable flood protection / mitigation to not increase risk of flooding elsewhere. Sustainable drainage systems should be used where technically feasible. There should be no adverse impact on or risk to quantity or quality of water resources.

• E1 : “Development Context” – development proposals shall demonstrate consideration of the character and appearance of the surrounding environment and the potential impact of the proposal.

• E3 : “Heritage Assets” – proposals which affect the District’s heritage assets or their setting should demonstrate how these assets will be protected, conserved and where appropriate enhanced.

• H7 : “Amenity” – development proposals should safeguard the living conditions for residents and people occupying adjoining or nearby properties.

3.7 Supplementary Planning Guidance:

• Huntingdonshire Design Guide Supplementary Planning Document 2007.

• Huntingdonshire Landscape and Townscape Assessment Supplementary Planning Document 2007 includes the area in the Central Claylands Landscape Character Area.

4. PLANNING HISTORY

4.1 8801127FUL Erect farm buildings. PER: 12.07.1988.

4.2 9001497OUT Public Golf range (with low level lighting). REF: 13.11.1990.

4.3 9300391FUL Erection of farm buildings. PER: 11.06.1993

4 4.4 9400360FUL Erection of farm building and silo's. PER: 26.09.1994.

4.5 9501279FUL Erection of a Grain Store/general purpose agricultural building. PER: 30.11.1995.

5. CONSULTATIONS

5.1 Environment Agency - Any response will be reported to Panel.

5.2 Local Highway Authority – No objections.

5.3 Cambridgeshire Footpaths Officer - Any response will be reported to Panel.

5.4 Alconbury and Ellington Internal Drainage Board - Any response will be reported to Panel.

6. SUMMARY OF ISSUES

6.1 An agricultural determination differs from a planning application in that the principle of the development is not an issue and the only issues to be considered are:

• Is the proposal ‘permitted development’, which would mean that it does not require planning permission because the proposal satisfies the requirements of Schedule 2, Part 6, Class A of The Town and Country Planning (General Permitted Development) Order 1995 (as amended)?

• Does the Local Planning Authority require the applicant to seek prior approval of the siting, design and external appearance of the building?.

Is the proposal ‘permitted development’?:

6.2 The proposal is considered to be permitted development’ because it satisfies the criteria of Part 6, Class A as set out below (a copy of the relevant extract of the GPDO is attached as a Green Paper):

6.3 The proposal entails the carrying out of works for the erection of a building on agricultural land comprised in an agricultural unit of over 5 hectares

6.4 The proposal will allow the applicant to store more crops and machinery under cover on site, rather than in the open on site or on land belonging to others. And therefore the proposal appears to be reasonably necessary for the purposes of agriculture within that unit.

6.5 The proposal also satisfies the requirements of Class A.1 (a)-(i) in that: a) the development would be not be carried out on a separate parcel of land forming part of the unit which has an area of less than 1 hectare b) the development does not consist of or include the erection, extension of alteration of a dwelling, c) it would not involve the provision of a building, structure or works not designed for agricultural purposes,

5 d) the building is not to accommodate livestock or plant or machinery arising from engineering operations, the floor area would not exceed 465square metres and no other building has been erected within the preceding two years within 90 metres of the proposal, e) the building will exceed 3m in height but is not within 3km of the perimeter of an aerodrome. The site is approximately 2km from Alconbury airfield but this is no longer treated as an aerodrome for the purposes of the Town and Country Planning (General Permitted Development) Order 1995 (as amended), f) the building will not exceed 12m in height, g) no part of the development would be within 25 metres of a metalled part of a trunk or classified road, h) although there are dwelling curtilages, which are not within the agricultural unit, within 400m of the site, the development would not consist of a building to accommodate livestock or storage of slurry or sewage sludge where the building i) the site is not in a National Park/’article 6‘ land.

6.6 The requirements of A.2(1) do not apply to the development as no livestock accommodation or mineral extraction or waster material deposit is entailed.

6.7 A.2(2) provides that development including the erection of a building is permitted by Class A subject to conditions: (i) has been satisfied as the developer has applied for the determination before beginning the development, ii) has been satisfied as the application has been accompanied by a written description of the proposed development, the materials to be used, a plan indicating the site and a fee.

Does the Local Planning Authority require the applicant to seek the prior approval of the siting, design and external appearance of the building?:.

6.8 In considering the siting, design and external appearance, the main issues are the, the impact on the character and appearance of the countryside, the setting of Alconbury Weston Conservation Area and the listed building at No. 78 Hamerton Road, neighbour amenity, highway safety and the flood/surface water drainage implications. Plans have been submitted showing the proposed location and appearance of the building.

Impact on the character and appearance of the countryside:

6.9 The location of the building is acceptable, adjoining an existing group of farm buildings. The farm yard is slightly elevated above the highway but views from the classified road will be partly obscured by trees and hedges along the access and on neighbouring properties. The site is clearly visible in views from the public footpath to the east and north. However, the proposed building is of a form, scale and materials typical of modern agricultural buildings and complements the existing buildings. This is deemed to be acceptable. The applicant has confirmed that the floor level of the building will be at a level no higher than the floor of the adjoining building to the east in order to minimise the visual impact of the building.

6.10 The proposal would have no material harmful effect on the character and appearance of the countryside. It therefore satisfies the guidance

6 of PPS7 and policies En25 of the HLP, CS1 of the Adopted Huntingdonshire Local Development Framework Core Strategy 2009 and E1 of the Development Management DPD: Proposed Submission 2010 and the guidance of the Huntingdonshire Design Guide Supplementary Planning Document 2007 and Huntingdonshire Landscape and Townscape Assessment Supplementary Planning Document 2007.

Setting of Alconbury Weston Conservation Area and No. 78 Hamerton Road (a Grade II listed building):

6.11 The proposal will consolidate a group of buildings near to the northern boundary of the Conservation Area and the rear boundary of the garden of No. 78 Hamerton Road. However, the proposal will have no material harmful effect on the setting of the Conservation Area or listed building due to the development complementing the form and materials of the existing agricultural buildings, the acceptable scale and materials of the development and the satisfactory separation distance between the proposed building and the rear boundaries of the Conservation Area and listed building curtilage.

6.12 The proposal therefore satisfies policies ENV6 and ENV7 of the Plan - Revision to the Regional Spatial Strategy (May 2008), CS1 of the Adopted Huntingdonshire Core Strategy 2009, En2, En5 and En9 of the Huntingdonshire Local Plan 1995 and E1 and E3 of the DPD.

Residential Amenity:

6.13 The building is far enough from the neighbours to avoid material adverse effects. Existing trees and shrubs help to partially obscure the view of the proposed building from the neighbouring properties.

6.14 The access to the proposed building adjoins the side garden of No. 84 Hamerton Road and the yard adjoins the rear gardens of No. 78 and 84 Hamerton Road. However, it is unlikely that the development will intensify disturbance and traffic travelling past the neighbouring dwellings or through the village to a significant degree as the applicant advises that the produce and equipment to be stored in the building has thus far generally already been stored on site.

6.15 The proposal will have no significant harmful effects on the amenities of the occupiers of any residential properties by reason of additional activity and disturbance and satisfies policy H7 of the DPD.

Highway safety:

6.16 The access from the classified road to the farm yard is narrow but has been used by farm traffic for many years. The proposal is unlikely to result in significant additional farm traffic using the access. It is therefore anticipated that no significant highway safety problems would ensue with the additional building.

6.17 The siting of the proposal is considered to be acceptable in terms of highway safety implications.

7 Flooding/surface water drainage:

6.18 Although the village and the part of Hamerton Road outside the site are liable to flood, the site itself is at a low risk of flooding. The applicant proposes to use a watt butt(s) to collect the surface water runoff from the roof. Although any advice of the Environment Agency and Internal Drainage Board with regards to the flood/ surface water drainage implications of the proposal will be taken into account, it is considered that the proposal is acceptable and would have no material flooding/surface water drainage effects and will not exacerbate off-site flooding.

6.19 On this basis, the proposal satisfies the guidance of PPS25 and policies WAT4 of the RSS and CS1 of the Adopted Huntingdonshire Core Strategy 2009, CS8 and CS9 of the Huntingdonshire Local Plan 1995 and C5 of the Development Management DPD Proposed Submission 2010.

Other matters:

6.20 The applicant has been advised to ensure that the electricity provider has no objections to the proximity of the development to the overhead electricity lines.

6.21 The building would have no impact on the public footpath to the north.

6.22 The application provides adequate information to satisfy the Local Planning Authority that the siting, design and external appearance of the building are acceptable and that the prior approval of these matters is not required.

Conclusion:

6.23 It is concluded that the proposal satisfies the requirements of Schedule 2, Part 6, Class A of The Town and Country Planning (General Permitted Development) Order 1995 (as amended) and is ‘permitted development’.

6.24 The siting, design and external appearance of the development are acceptable and comply with the relevant national and local policy as the development will have no material harmful impact on the character and appearance of the Conservation Area or the setting of the Grade II listed building, No. 78 Hamerton Road; no significant harmful effects on the amenities of the occupiers of any residential properties; being acceptable in highway safety terms; and having no material flooding/surface water drainage effects. It is also therefore concluded that the prior approval of the Local Planning Authority will not be required for the siting, design and external appearance of the development in this case.

6.25 It is recommended that the applicant should be advised that: The applicant is free to proceed with the development in accordance with the three following conditions as set out in The Town and Country Planning (General Permitted Development) Order 1995 (as amended):

8 1. The applicant is free to proceed with the development, provided it is in accordance with the details submitted with the application, within a period of five years from the date on which the local planning authority were given the information.

2. If the use of the building for the purposes of agriculture within the unit permanently ceases within ten years from the date on which the development was substantially completed; and planning permission has not been granted on an application, or has not been deemed to be granted under Part III of the Act, for development for purposes other than agriculture, within three years from the date on which the use of the building for the purposes of agriculture within the unit permanently ceased, then, unless the local planning authority have otherwise agreed in writing, the building shall be removed from the land and the land shall, so far as is practicable, be restored to its condition before the development took place, or to such condition as may have been agreed in writing between the local planning authority and the developer. Where an appeal has been made, under the Act, in relation to an application for development described in paragraph 5(b), within the period described in that paragraph, that period shall be extended until the appeal is finally determined or withdrawn.

3. The developer shall notify the local planning authority, in writing and within 7 days, of the date on which the development was substantially completed.

7. RECOMMENDATION – Advise the applicant that the applicant is free to proceed with the development in accordance with the three conditions as set out in The Town and Country Planning (General Permitted Development) Order 1995 (as amended):

- Time limit and details as submitted - Remove and restore site if use for agriculture within the unit permanently ceases - Notify Local Planning Authority within 7 days

If you would like a translation of this document, a large text version or an audio version, please contact us on 01480 388388 and we will try to accommodate your needs.

Background Papers:

Application 1100214AGDET The Town and Country Planning (General Permitted Development) Order 1995 (as amended by Statutory Instrument 1997 No. 366 The Town and Country Planning (General Permitted Development) (Amendment) Order 1997)

CONTACT OFFICER: Enquiries about this report to Sheila Lindsay Development Management Officer 01480 388247.

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