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CODE No. NP/HPKl0609/0493 P.FILE No. 10137 GRID REF409526 / 372208 PLANNING 1- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 OFFICER APPLICANT c/o AGENT Christopher Fridling Mrs Stella Williams David Sutherland Architects RECEIVED Green Farm 2Curzon Terrace AT PDNPA King Sterndale Litton Mill 09/06/2009 Buxton BUXTON SK179SF Derbyshire DATE VALID FROft Tel No. SK178SR 08/07/2009 Tel No. 01298871100 CERTIFICATE APPL TYPE CU A PROPOSAL Change of use of barn 3to residential use & repair/restoration works to barns 1 & 2 I-;;;;~~.--- PROPOSED C3 LOCATION Green Farm USE CLASS King Sterndale EXISTING C3 USE CLASS PARISH King Sterndale PROPOSED 1- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 LAND USE ADVERT DATE 17107/2009 LAST ADVERT DATE 07/08/2009 Dwelling Outside 17/07/2009 LAST ADVERT DATE 07/08/2009 lllllllllEllUlB nversion LAND USE Householder Dwelling Outside lllllllllEllUlB nversion LAND USE Greenfield CONSTRAINT(S) Plot File Boundary 10137 PREVIOUS APPLICAnON NO. TCP3 DRAFT CONSULTATIONS DATE SENT DATE REPLY DELEGATED Derbyshire County Council (Highways) 10/06/2009 No High Peak Borough Council 10/06/2009 King Sterndale Parish Meeting 10/06/2009 DEEMED REFUSAl Natural England 08/07/2009 DATE Peak District National Park Authority Ecology 08/07/2009 02/09/2009 13 WEEKS DATE 07/10/2009 NEIGHBOUR NOTIFICATIONS ...e Lodge, King Stemdale, Buxton, SK179SF COMMITIEE DECISION Date ttt- it:) APPEAL Date Lodged Decision Date ENFORCEMENT RECORD CARD This card should be filed immediately in front of the decision notice which in turn should be in front of a set of approved plans. \NPI NP/HPKfO 609049 3 The following amendments have been formally agreed by the planning officer since the issue of the decision notice: DATE DETAILS The following conditions have been formally complied with since the issue of the decision notice: DATE COND,NO, DETAILS SITE VISIT RECORD DATE INSP PROGRESS DEPARTURES KEY DATES TO NOTE KEY FACTORS TO WATCH DATE DETAILS DETAILS PLANNING DECISION NOTICE Tel: 01629 816200 Fax: 01629816310 E-mail: [email protected] Web: www.peakdistrict.org Minieom: 01629 816319 Aldem House. Baslow Road. Bakewell. Derbyshire. DE45 IAE NATIONAL PARK AUTHORITY- To: Mrs Stella Williams P.10137 C/o David Sutherland Architects 2Curzon Terrace Litton Mill BUXTON Derbyshire SK178SR THIS NOTICE RELATES TO PLANNING CONTROL ONLY, ANY OTHER STATUTORY CONSENT MUST BE OBTAINED FROM THE APPROPRIATE AUTHORITY TOWN & COUNTRY PLANNING ACTS & GENERAL DEVELOPMENT ORDER In pursuance of the powers vested in the Peak District National Park Authority under the above Acts and Order, and with reference to your application for Change Of Use, details of which are as follows: Office Code No. NP/HPKl0609/0493 Date received: 09 June 2009 Proposal: Change of use of barn 3 to residential use & repair/restoration works to barns 1 & 2 Location: Green Farm King Sterndale Parish: King Sterndale THE DECISION NOTICE IS HEREBY GIVEN THAT PERMISSION FOR THE PROPOSED DEVELOPMENT in the manner described on the application and shown on the accompanying plans and drawings is GRANTED subject to the following conditions: Statutory Time Limit 1 The development hereby permitted shall be begun within 3 years from the date of this permission. Approved Plans 2 The development hereby permitted shall not be carried out otherwise than in complete accordance with the amended schedule of works received by the National Park Authority on 10 September 2009; Drawing No. 1484/08 received by the National Park Authority on 9 June 2009; and Drawing No.s 1484/068 and 1484/09 both received by the National Park Authority on 10 September 2009, subject to the following conditions or modifications: Cont/d ... Signed Date r {/..f-I ('0 ___ =------- Attention is called to the notes at the end of this Decision Notice Form TCP3 NP/HPKJ0609/0493 P.10137 Prior to First Occupation of Barn 3 3 Barn 3 shall not be occupied until the conversion of the existing building hereby permitted has been completed in complete accordance with the approved plans. 4 Prior to the first occupation of Barn 3, full details of the parking and manoeuvring spaces for occupant's and visitor's vehicles associated with the domestic use of Barn 3 hereby permitted shall be submitted to and agreed in writing by the National Park Authority. 5 Prior to the first occupation of Barn 3, the precise details of the residential curtilage associated with the domestic use hereby permitted shall be submitted to and agreed in writing by the National Park Authority. Thereafter the development shall be carried out in complete accordance with the approved scheme which shall be maintained throughout the life of the development free from any impediment to its designated use. Landscaping 6 No development shall take place until there has been submitted to and approved by the National Park Authority a scheme of landscaping, including tree and shrub planting, seeding or tUrfng, earth mounding, walling, fencing, paving or other surfacing as necessary. The scheme shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development. Reasons for Conditions: To comply with Sections 91, 92, and 93 of the Town and Country Planning Act 1990 (which requires the National Park Authority to reconsider the proposal afresh after a period of years) as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. 2&3 For clarity and for the avoidance of doubt. 4-6 To ensure that the development respects the character and appearance of the curtilage listed buildings. Footnotes 1. Attention is drawn to the provisions of the legal agreement attached to this permission under the provisions of Section 106 of the Town and Country Planning Act 1990. Note: Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that proposals be determined in accordance with the development plan, unless material considerations indicate otherwise. Section 38(3) of the Act also provides that the development plan consists of regional spatial strategies and the development plan documents. The proposed package of restoration and refurbishment of the three barns secured by legal agreement would offer a substantial planning gain that would enhance and secure the long tenm preservation of all three curtilage buildings. Consequently, it was considered that there is sufficient justification to warrant an exceptional approval for the proposed relaxation of the occupancy restriction on the residential use of Barn 3 under the provisions of PPS7 and PPG15. Relevant East Midlands Regional Plan policies include: 1, 2, 8, 13a, 14, 15,26,27 & 31 Relevant Local Plan policies include: LC2, LC4, LC6, LC12, LC17, LH1 & LT18 STATEMENT OF APPLICANTS RIGHTS ARISING FROM THE REFUSAL OF PLANNING PERMISSION OR FROM THE GRANT OF PERMISSION SUBJECT TO CONDITIONS Appeals to the Secretary of State If you are aggrieved by the decision of your local planning authority to refuse permission for the proposed development or to grant it subject to conditions, then you can appeal to the Secretary of State for Communities and Locaf Government under Section 78 of the Town and Country Planning Act 1990. If you want to appeal, then you must do so within 6 months of the date of this notice, using a form which you can get from the Planning Inspectorate at Customer Support Unit, Temple Quay House, 2 The Square, Temple Quay, Bristol BSl 6PN, telephone No. 0117 372 8000 or www.planning- inspectorate.gov.uk. The Secretary of State can allow a longer period for giving notice of an appeal, but he will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal. The Secretary of State need not consider an appeal if it seems to him that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order. In practice, the Secretary of State does not refuse to consider appeals solely because the local planning authority based its decision on a direction given by him. Householder Appeals The Planning Inspectorate launched a Fast Track Householder Appeal Pilot (FTHA) in January 2008. The aim of the process is to dramatically shorten the length of time it will to make a decision on a submitted appeal. The streamlined process aims to decide householder appeals in eight weeks. This is approximately six weeks quicker than previously. At the heart of the process is the ability to use the original application file held by the local planning authority in an electronic format for administering the appeal. The locai planning authority will rely pureiy on their decision notice to defend the appeal together with any internal reports. They will not provide a formal appeal statement and will not attend the site visit. The Secretary of Slate can allow a longer period for giving notice of an appeal, but he will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal. The appellant will have 12 weeks from the date of the decision in which to submit an appeal and will need to send in an appeal statement with their appeal forms. Planning Inspectors will work entirely electronically, based on the electronic file prOVided by the local planning authority. The Inspector will visit the site alone, with the appellant present in some cases only to provide access to the site. Further information on the Fast Track Appeals scheme can be found at: www.planningportaLgov.uk Online Appeals The planning inspectorate have introduced an online appeals service which you can use to make your appeal online.