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. You can find the service through the Appeals area of the Planning Portal - see www.planningportaLgov.uklpcs. The inspectorate will publish details of your appeal on the internet (on the appeals area of the Planning Portal). This may include a copy of the original planning application form and relevant supporting documents supplied to the local authority by you or your agent, together with the completed appeai form and information you submit to the Planning Inspectorate. Please ensure you only provide information, including personal information belonging to you that you are happy will be made available to others in this way. If you supply personal information belonging to a third 'party please ensure you have their permission to do so. More detailed information about data protection and privacy matters is available on the Planning Portal. Purchase Notices If either the local planning authority or the Secretary of State for Communities and Local Government refuses permission to develop land or grants iLsubjecUo conditions,.-lhe owner JIlay_ claim that he can neither put the land to a reasonably beneficial use in its eXisting state nor render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted. In these circumstances, the owner may serve a purchase notice on the Council (District Council, London Borough Councilor Common Council of the City of London) or, where the land is situated in a National Park, the National Park Authority for that Park in whose area the land is situated. This notice will require the Council or Authority to purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990. Planning Committee - Planning Items Item 6.7 14 August 2009 Page 1 Head of Planning Service
7. FULL APPLICATION - CHANGE OF USE OF BARN 3 TO RESIDENTIAL USE & REPAIR I RESTORATION WORKS TO BARNS 1 & 2, GREEN FARM. KING STERNDALE (NP/HPKl0609/0493,P.10137, 31.7.09, 409256/372208/CF)
APPLICANT: MRS STELLA WILLIAMS
Site and Surroundings
Green Farm is a Grade II listed building located in King Sterndale which lies 250m south of the A6 just beyond the western limits of the quarry at Topley Pike. The application site lies immediately adjacent to the residential curtilage of Green Farm and comprises three curtilage listed barns arranged in a horseshoe shape around an informal courtyard. King Sterndale is not a designated Local Plan settlement. Therefore, the application site lies in open countryside for the purposes of the Development Plan. ': . The curtilage listed barns are phy~ically detached from the dwelling house and the yard area has a dedicated access from the public highway. 'Barn 3', which forms the eastern wing of the range of bUildings, has been converted into three holiday lets. 'Barn 1', which forms the western wing of the range of buildings, and 'Barn 2' at the rear (north) of the site are both in use for general storage some of which is r~1<3te,d to agricultural operations carried Qui on ',imd in separate ownership to Green Farm. .
All three barns are constructed from natural limestone with gritstone detailing and pitched roofs clad with natural slates. Barn 3 is in reasonable condition but works carried out to this building have not been particularly sensitive to its original character or appearance. Barns 1and 2 require significant maintenance works.
Proposal
The current application seeks planning permission for change of use of Barn 3to an unrestricted permanent open market dwelling.
The proposal includes works to rehabilitate the internal and external'historic fabric of Barn 3 and restore the special historic interest of Barns 1 and 2 and secure their long-term preservation. A draft unilateral legal agreement has submitted that would covenant the owner of Green Farm to use the net proceeds of the sale of Barn 3 to complete the proposed refurbishment of Barns 1 and 2 and covenants the future owner of Barn 3 to complete an approved scheme of refurbishment prior to first occupation.
Key Issues
o whether the proposed schedule of works to preserve and enhance the curtilage listed buildings offers sufficient justification for the creation of a new open market house in open countryside. History if 1918 Planning permission granted for conversion of Barn 3 to three holiday lets.
2004 Planning permission refused for variation of holiday occupation condition attached to the 1988 permission to allow all three lets to be used as independent and permanent dwellings.
2007 Planning permission granted for variation of condition to release the condition attached to the 1988 permission requiring the use of the holiday lets to be remain ancillary to Green Farm. Planning Committee - Planning Items Item 6.7 14 August 2009 Page 2 Head of Planning Service
2008 Applications for planning permission and listed building consent for conversion of one holiday let to permanent residential use withdrawn prior to determination.
2009 Undetermined application for listed building consent for works proposed in the current application for planning permission for change of use.
Consultations
Highway Authority - No response to date
Borough Council - No response to date
Parish Meeting - No response to date
Main Policies
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
Comment
Policies in the East Midlands Regional Plan state a presumption for affordable housing to meet local need within existing settlements but make no provision for open market housing to meet general demand in open countryside. However, Local Plan policy LH1 would allow conversion of a traditional building in open countryside to affordable housing to meet local need while Annex A to PPS7 and Local Plan policy LC12 would allow the erection of an occupational dwelling justified by a functional need outside of a settlement. The proposal does not meet any of the criteria in Annex A of PPS7 or Local Plan polices.
Planning Policy Statement 7: Sustainable Development in Rural Areas (PPS7)states isolated new houses in the countryside will require special justification for planning permission to be granted but goes on to ~ay re'slde~tial conversions may be appropriate in some locations, and for some types of building: in op~n Icountryside. Planning Policy Guidance 15: Planning and the Historic Environment (PP;G'15)'state's 'policies for development and listed building controls should recognise the need for 1'f1eXibility where new uses have to be considered to secure a building's survival. ;, ,I! 'II' 11'1 i :,
Therefore, the acceptability of the proposed change of use of Barn 3 rests on whether the proposed residential use is necessary to both secure the long term preservation of Barn 1 and Barn 2 and offers sufficient enhancement to the character and appearance of Barn 3 to justify an exception to planning policies that place strict controls on new residential development in open countryside.
In this case, the size of the building and the cost of the works to rehabilitate its internal and externai fabric rules out any prospects of its conversion to an affordable dwelling. Moreover, any future occupant would be dependent on a car to access local services undermining the suitability of this location for affordable local needs dwellings in any event. A scheme for affordable housing would also not be able to provide the necessary finance for restoration of Barn 1 and Barn 2. Similarly, conversion to an occupational dwelling would be problematic in terms of cost and meeting the financial and functional tests in planning policies.
Barn 1 and Barn 2 are both substantial buildings that are worthy of retention in their own right and make a positive contribution the character of the local area. Barn 2 is in need of considerable maintenance attention but Barn 1 requires structural consolidation and the works required go beyond reasonable repairs that might be expected of an owner of a listed building. The required Planning Committee - Planning Items Item 6.7 14 August 2009 Page 3 Head of Planning Service I I
works however have not become necessary through neglect and Barns 1 and 2 would remain in the current low key use which does not otherwise provide an income that would finance the schedule of the works.
Therefore, the Authority's Conservation Officer welcomes the proposed works subject to refinements to the detailed treatment but agrees that the proposed works to Barns 1and 2 would not provide sufficient justification to warrant an exceptional approval for change of use of Barn 3.
The works carried out to Barn 3 are generally in accordance with the plans approved in 1998 but have detracted from the barn's original character and appearance. The treatment of openings, insertion of rooflights and subdivision of the internal floor area are particularly unfortunate. There is insufficient income generated by the holiday lets to otherwise finance restoration of Barns 1 and 2 and whilst acceptable in policy terms, a continuation of the existing use would not secure the proposed enhancements to Barn 3.
Again, the Authority's Conservation Officer welcomes the proposed refurbishment of Barn 3 subject to refinements to the idetailed treatment of the proposed conversion. There are no other obvious constraints that woulc;l prevent the creation of an independent dwelling house in respects of impacts upon neighbouring properties, parking and access and nature conservation interests. However, the potential enhancements to Barn 3 that could be achieved by any consent also do not provide sufficient justification in their own right to warrant an exceptional approval for the proposed change of use of Barn 3to an unrestricted open market dwelling house.
Therefore, the scheme has come forward with a draft unilateral legal agreement that would -secure implementation of the ProlLQ.s_eL~.J9..12arn ;LRd9LtQ_tit:sLQg~J!Qatlqn and ~i'lg fence ).0ficient income from ttJe~~aLe QL6arl\....3~tP_R Consequently, officers consider that there is sufficient justification to warrant an exceptional approval for the proposed change of use to Barn 3 to open market dwelling house under the provisions of PPS7 and PPG15 subject to submission of amended plans incorporating the Authority's Conservation Officer's recommendations and subject to entry into an appropriate legal agreement that secures the final schedule of works. Human Rights Any human rights issues have been considered and addressed in the preparation of this report. RECOMMENDATION: That the application be APPROVED subject to entry into a s.106 legal agreement securil],9 the refurbishment works to Barn 3, fund..il}g_l!tldJ!!1Plg.!nE!lJ.t~ti9n of the schedule of works to BarnJLj~a.mL2, and the future management of the site subject to the following conditions: . 1. Submission of amended plans dealing with minor design amendments and the detailed treatment of the curtilage listed buildings, including precise details of hard and soft landscaping. 2. Definition of residential curtilage associated with the proposed domestic use of Barn 3. Planning Committee - Planning Items Item 6.7 14 August 2009 Page 4 Head of Planning SelVice 3. Define parking and manoeuvring spaces for occupant's and visitor's vehicles associated with the domestic use which once agreed in writing shall remain free from any impediment to their designated use. List of Background Papers (not previously published) Nil Title: Green Farm King Sterndale Committee Date: 14/08/2009 Item Number: 7 P-File Number: 10137 Application number: NP/HPKl0609/0493 Grid Reference: 409256 372208 1:2500 V.'a.... ."" 270.5m 0, BM27B.19m 0, 0, 0, 0, 0, 0, 0, 0, This material has been reproduced nom Ordnance Survey digita.l map data wilh the permission of the controller of IIer Majcsty's Stationery Office. 0 Crown Copyright. 1111 Right~ Reserved UnaulhOli,ed reproduction infringc5 Crown copyrighllU1d may lead III pro~culion or civil proceeding'. Peak lJistlicl National Park Authmity, Licence No. LA 100005134. 2004. Tel: 01629 816200 Fax: 01629 816310 E mail: [email protected] Web: www.peakdistrict.gov.uk Minicom: 01629 816319 Aldern House. Saslow Road. Sakewell .Derbyshire. DE45 1AE - NATIONAL PARK AUTHORITY- AGENDA ITEM No.2 MINUTES Meeting: Planning Committee Date: 14 August 2009 at 10.00 am Venue: The Board Room, Aldern House, Baslow Road, Bakewell Chair: Clr Mrs H M Gaddum Present: Mr N Bajaria, Clr T Bagshaw, Miss P Beswick, Clr Mrs J Bevan, Mr C Carr, Dr R Clarke, Ms P Coleman, Clr A R Favell, Prof J Herbert, Ms S Leckie, Mr C Pennell (deputising for Clr Marchington), Mrs K M Polter, Clr Mrs J A Twigg, Clr Mrs D Ward, Clr Mrs D Wilde. Apologies for Absence: Mrs A Ashe, Clr A Marchington and Clr E Wain. 110/09 7. FULL APPLICATION - CHANGE OF USE OF BARN 3 TO RESIDENTIAL USE & REPAIR 1 RESTORATION WORKS TO BARNS 1 & 2, GREEN FARM, KING STERN DALE (NP/HPKl0609/0493,P.10137, 31.7.09, 409256/372208/CF) The Planning Officer corrected the report on page 1, the first entry under the History section should state 1988 and not 1998. The following spoke under the Public Participation Scheme: Mr D Sutherland, Agent. Members considered the application and the recommendation for approval subject to conditions was moved, seconded, voted on and carried. RESOLVED: That the application be APPROVED subject to entry into a s.106 legal agreement securing the refurbishment works to Barn 3, funding and implementation of the schedule of works to Barns 1 and 2, and the future management of the site subject to the following conditions: 1 Submission of amended plans dealing with minor design amendments and the detailed treatment of the curtilage listed bUildings, inclUding precise details of hard and soft landscaping. 2 Definition of residential curtilage associated with the proposed domestic use of Barn 3. 3 Define parking and manoeuvring spaces for occupant's and visitor's vehicles associated with the domestic use which once agreed in writing shall remain free from any impediment to their designated use. ill$~a ::-:-_~d!!!a'7Vl~d~s~u~th~er=l=an~d=ar=c='h 2Curzon Terrace, Litton Mill, Nr. Buxton, Derbys tel 01298 8711()() fax 01298 871641 mob e-mail dsa 9th September 2009 Peak District National Park Authority, Aldem House, Baslow Road, Bakewell, Derbyshire, DE451AE, FAO Chris Fridlington/Rebecca Waddington Dear Sirs, Barns at Green Farm,King sterndale. Following our recent meeting, I enclose a copy of drawings 1484/06B and 09, together with a revised copy of the Schedule of Works document, all as discussed. Drawing 1484/06B shows an amended Ground Floor layout to Bam 3with fewer Ensuites to the Bed- rooms, as requested. Drawing 1484/09 shows the proposed double door and floor beam detail to Bam 1. This clarifies the pier detail and shows an oak beam replacing the steel beam at first floor level, as shown on the origi- nal application. The Schedule of Works document is revised in paragraph 5 to cover the same point. I understand that the enclosed revisions now cover all outstanding anchileclural and design issues and details, I also understand that your legal team has yet to comment on the proposed Section 106 Agreement and I look forward to this matter now being resolved speedily. Yours sincerely, David Sutherland c,c, Stella Williams David Sutherland Arct1itects is a trading name or DavId Sutherland Associates Umited Registered In England and W.l\cs Company Registration No. 4536201 VAT Registration No. 934 2643 25 SCHEDULE OF PROPOSED WORKS TO E.SAK OlsmlC.I NAT!ONA~EARK GREEN FARM,KING STERNDALE DATE REC'O 10 SEP 2009 REVISION 'A' ACKNOWle:OGr;i\rrr:N~' REPLY: ~ ,. FilE ALLOCATION' ~q",~~ TII:rI Works to Barns 1 & 2and courtyard 1. Existing hedging and divisions to courtyard are to be removed.. 2. Consolidated gravel is to be laid to the courtyard, (except for a stone flagged path along s.w. elevation of Bam 3.) 3. Arch to Barn 1 south elevation gable end - Voussoirs are to be cut out and new sections inserted to match original stonework by a specialist stonema- son where damaged on inner face following insertion of steel beam. Steel- work to timber first floor to room immediately inside arch is to be removed. Timber floor to be replaced to ditto. Infill blockwork from opening is to be removed and vertically boarded timber doors are to be fitted. 4. Arch to Bam 1 East Elevation - Quoins are to be repaired with damaged sections cut out and new sections to be inserted to match the original stonework by a specialist stonemason where damaged externally. 5, F~ two box section, steel frames inside the arched opening to support the arched stonework to S.E. and Archttects details. Two vertically boarded timber doors are to be fitted into the opening, supported on brackets hung from the outer steel frame. The doors are to be divided at first floor level to allow separate access to ground and tlrst floors. A brick pier is to be con- structed internally, up to the underside of first floor level and a new oak beam inserted to span from the pier to the internal wall to the right of the opening (viewed from outside,) GlBen Farm. King Slemdats page 1 DavidSulherlandArchileds 6. The roof to Bam 1 is to be stripped and repaired as necessary and re-clad in natural blue slates, re-using existing slates where in sound condition. Ex- isting fascia boards are to be removed and'gutters fitted on rise and fall brackets. Rafters, wall plates and other timbers are to be replaced/repaired as becomes evident following stripping of the roof covering. 6. Where applicable - openings with concrete lintols are to be replaced with natural gritstone to match the style and appearance of original lintols else- where on property. Defective inner lintols are to be replaced with seasoned oak sections to match original dimensions. 7. All doorstwindows to Bams 1 & 2 are to be repaired or replaced with units of approved detail by PDNPA and painted an approved colour. &IlK OlSTRICiNAT!QNAL p'D.AU"H '_. -=un I O",fy ALLOCATED :GROUP I OFt"'CER I DATE REC'D 1a SEP 2009 AC;tNOWLEOGtiN,ENt REPL~ . FILE ALLOCATiON: CDPIEDTD: Green Farm, King Stamdala page 2 David SutIlal1and An;Ilitecls THIS UNILATERAL UNDERTAKING is given on 2009 BY; STELLA ANN WILLIAMS of Green Farm, King Sterndale, Buxton, Derbyshire, SKI7 9SL ('the Owner') TO: PEAK DISTRICT NATIONAL PARK AUTHORITY of Aldem House, Baslow Road, Bakewell, Derbyshire, DE45 IAE ('the Authority') RECITALS I. The Authority is the local planning authority for the purposes of the 1990 Act for the area in which the Site is situated. 2. The Owner is the freehold owner of the Site as set out in Ssbeduie I.. 3. Thc Owncr has by the Planning Application applied to the Authority'for permission to . . '-', -;~~"l. .r carry out the Development. ./t:~t' 4. The Authority has decided to grant Planning Pennissi<:Jn for the r::r~velopmcnt m accordance with the Planning Application subject to conditions and subject to thc making of this deed without which Planning Permission for the Deyelopment would not ~.. , . f\ . be~ grantcd. "V,,:~ .,,' c , 5. The Owner is prepared to enter intothi~d'i:edin order to' secure the planning obligations 'I of'" , .~; f;:",. .[If' <. it creates. ~11./."Y' :; " ';j.,," Fo/the this deed the following expressions shall have the following ,It, purpos~sof. " . ~.,-' ';"'.'.\,!, \!\ -o__ ,'" "~'fi meanmos:~-, ";" -1i f e -?~. ,4' l <;:;" 1.1.1. 'the 1990 Act' means the Town and Country Planning Act 1990, ..,.'~ ,t'.,. "~"',t ~--.~' "1.I .2. 'thS-,Approved Scheme' means a scheme of measures to repair and restore , ..", "ANI "'",f!""'-'N Authority, 1.1.4. 'Bam 3' means the area shown coloured yellow on the Plan and 'Bams I and 2' means the area shown coloured green on the Plan and 'Barns I 2 ".n. and 3' together shall be read and construed accordingly, , 01. -:> IN. eo-"",,,,:;CVll" ~vv-.t. ~ ~tv-v.r,t c,{\,~ _ """~ r """'- 1.1.5. 'the Commencement of Development' means the commenccment of any material operation (as defined in the 1990 Act section 56(4)} forming part of the Developmcnt other than (Jor the purposes of this deed and for 1 nO other purpose) operations consisting of site clearance, demolition work, archaeological investigations, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, diversion and laying of services, erection of any temporary means of enclosure, the temporary display of site notices or advertisements and 'Commence the Development' shall be construed accordingly, j .1.6. 'the Date of Practical Completion' means the date of'igsue of a certificate of practical completion by the Owner's architect(' if~e Development IS constructed by a party other than th,~0Q~~,that other party's archItect, ,~tJNI~, dh, .~, ~~~"~":, , '" P~'''<1 1.1.7. 'the ,?evel.opm.ent' means the ,~a~,. O'GHse of B~Bfh...i.l&.--.J. ( ("e1f\M/Y)\.""'- "" ~"AJ!4k4;~oc.xUo.e.a w.. V4l.;f~'4 f\-vpi.A=k._, O,l'b'lildinlls tQ a Single 6f'efl1l!arket aweLl:ingilOtUc\; ~ -J' J. j ,8, 'a Dwelling' means a dwelli~Cludiiif;'house, flat or maisonette) to be constructed pursuant to the Pla~g,permiSsion and 'Dwellings' shall be construed ac",~IY, ,/ j,I.9. 'Green Farm' mean~~i'i''!1~~nBdeSCribed in Schedule I, I, I ,I O. 'to Occupy' means to~c~'~r p.s-rmit or suffer to be occupied for the PU'Jlo1'e~)~ermitted bt~ Planning Permission and 'Occupation' and ),~1rupied' s;tll be con~d accordingly, J.j .J ~~1ts';tije<~Il\n.attached to this deed, , t!$l~.~he Pl~ng ApphcatJOn' means the plannmg applic~tion for full ~, ~il'l11ning ~rii'tsion for the Development dated 5th June 2009 submitted ( ,li ~ V ~4''''t, by t~ Owner to the Authority and allocated reference number \ ., shown edged red on the Plan and described in Schedule I J;nll eJ~elHaitig .\ \ : " ~G.J\ \ 1.2. Interpretation 1.2.1. Reference in this deed to any recital, clause, paragraph or schedule is, unless the context otherwise requires, a reference to the recital, clause, paragraph or schedule in this deed so numbered. 2 1.2.7. Words importing the singular meaning include the plural meaning and vice versa where the context so admits. 1.2.3. Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeable in that manner. I.7 .4. Wherever an obligation falls to be performed by more than one person, the obligation can be enJorced against every person so bound jointly and .i~o/ , against each of them individually unless there'i~ an express provision otherwise.,~"'~Y;/'\'"' ~'-., 2.5. Any reference to an Act of ParIiame'lt 'siiall includ~i~y modification, extension or re-enactment of that4f:'\r'the time be~;;lbj{'force and IJr 1'\',. shall include all instruments4d'~rs, plattst~egulations, pe~issions and . r h . b ..tl' d h d lrectlOns lor t e tlme elllg ,lo~"ma~5J lssue'~d" or gIven un er t at Act or deriving validity from it. . ~~ .. I.7.6. References to an;{.Rarty shalllllclude the' successors III tltle to that Party an d any person<{~ uen.vlllg ~ tIt '"1 e thr ou gh or' und er th at Partyd an 'III th e case ~ ')"''''' of the Authority the st1ccess01tto'1'*11- respective statutory functions. ~ A" ". 1.2 7. Headitg't~here they ii'l:ti~c1uded are for convenience only and are not A'" "\li' ' i~~ded to iIffluence th~';nterpretation of the agreement. It"" (,,'>' 2. Legal basis ~" .~. ... 2.1..T!)is);leed is made.,pursuant to the 1990 Aet section 106. . L/" .",'.. .,'\},. ~ili' 2.2.~"ii #The term]of this ~d.,'cteate planning obligations binding on the O~ner pursuant Ar '';;,\' ([.,,'1\ '".to Section I06) of the I990 Act and are enforceable as such by the Authority as "\if' .jj' . ;Io,\~1 plann~~~ authonty. ..'\2" .1# 3. ConditIOns; duratton and enforcement .,."~,,,," ",,,Ot~* 3.1. Conditions precedent 'J This deed is conditional upon: 3.1.1. the grant of the Planning Permission, and 3.J .2. the Commencement of Development save for the provisions of clause 5, which shall come into effect immediately upon completion of this deed. 3.2. Duration 3.2.1. This deed shall cease to have effect, in so far only as it has not already 3 been complied with, if the Planning Pennission is quashed, revoked or otherwise withdrawn or, without the consent of the Owner, it is modified by any statutory procedure or expires before the Commencement of Development. 3.2.2. No person shall be liable for any breach of any of the planning obligations or other provisions of this deed after parting with his entire interest in the Site, but without prejudice to liability for any subsisting breach arising before parting with that interest'.lP',!;:;; 3.2.3. Nothing in this deed shall prevent complian~e with any obligation "~'I;i:"& pursuant to it before that obligation comes.ini6'af~ct under this clause 3, iN -..:....,.. and no such early compliance shall apo'i-in,t to a wa'i~~!,_of the effect of 1.,te~ '~f~.'.l this clause 3. ~/' '\.t~ 3.3. Other development ~.J~ i'" Nothing in this deed shall prohibit or'li~~ff;~9ght to develop any part of the Site in accordance with a planning pennission (6fu{&.than.the Planning Pennission) granted (whether or not oO'appeal) after the date ~thiflted. 3.4. Non-enforcement !i';''''' .,'fk~, 2"bd 31ji'or any interest III them for the purposes of the supply of ~ . '~~~~. )j':~ . "'~., electnclty, gas, water, drainage, telecommunication services or public ..;"~_,~ ..-rfur"l" '''''', tiansport services, "..~3'~ .0"'" 3.4.2:,:'" the Owner after she has dis~d of her interest in the Site, or in the event of a disposal of part, in the part disposed of, other than disposal of an interest in the nature of an easement or the benefit of a restriction or similar, but not so as to release the Owner from any antecedent breach, non-perfonnance or non-obserVance of her obligations. 4. Owner's covenants The Owner covenants with the Authority as set out in Schedule 3. 4 5. Provisions of immediate effect 5 \ Nothing in this deed shall create any rights in favour of any person pursuant to the Contracts (Rights of Third Parties) Act 1999.. .' ,>,J.- ~.Ow r--oJ. ';i""'-1~ ~'''::l ~ 1"4 ,J\--uVwY.":.:J c"':' ~~,_ at .~.l~.w 1W- ~0Vle-v..,J.,,~ 6. Notices ~".t (VO\~ "\ vc.... .i\v.-v~"" V\ L~'-'~.'l II\. "-.C-.:t'l--...tk.; ~(e.f",.rN;'l"'" ,'-'~ .. . _J _JJ""'-l ....uJ:1 0.- 6.1. Any notice or other written communication to be served upon a Party or given by "j- ~ ~ut. one Party to any other under the terms of this deed shall be deemed to have been validly served or given if delivered by hand or sent by recorded delivery post to the Party upon whom it is to be served or to whom it is to be given or as otherwise /t.r notified for the purpose by notice in writing. .t"., . ..:~~ 6.2. The address for any notice or other written communication shall be within the ;. :'" United Kingdom. ,~, < I;, " .,,; .. ~ ',,-1; 6,3. A notice or communication shall be serv~'td~~~ on the owne~~.9reen Farm, King Sterndale, Buxton, Derbyshire, SJG7 9SL 6~,such other address as shall be ,#if";j\.,j.l"~' l;}i- 1i.,~]h '#:~' notified m wntmg to the Authonty from tIme,to:tl1ne. ~~~r ~~"':'~t, 7. Local land charge "~;\h This deed shall be registered as a..,local. land charge. "'.';}.;'tfr'" ,~Jl""~"'~ .r,1". A~ .r 8. Jurisdiction and legal effect ~ ~,,~ ~'~).~ .;.- 8.1. This deed shall be governed'by and~~jrite;Pft1ed in accordance with the law of England an....~d . \yal~s~~., ~.I'...;- '. . A:Y .~ upon any subsequent breach or default. 8.4. The provisions of this deed (other than this clause 8.4 which shall be effective in any event) shall be of no effect until this deed has been dated. IN WITNESS of which the Owner has signed this Unilateral Undertaking as a deed on the date first written above. 5 SCHEDULE I Tbe Owner's Title and Site Description ALL THAT freehold fann, ,fannhouse and other buildings known as Green Farm, King Stemdale, Buxton, Derbyshire, SKI? 9SL as is shown for the purpose of identification only shown edged with red on the Plan. c o 6 . SCHEDULE 3 ~~~ The Owner's Covenants with the GllURCil :5 I.' Progress of development :%A~ The Owner shall notify the CeHAeil: ~ 1.1. upon the Commencement of Developmcnt ~. J .2. upon Occupation of any part of the DeveloP'Hent.~ :)1., (~" j _.~. ,-4 'VkJ ~.. \ 3 ~<"Y\ '1'"""::J ':~.MIl-'"""'tw It-Q~ l;ctk '. ~''"\'~ ',"'" ~~T 2. Approval and ,lhplementatlOn of a scheme of Insert details} .:' .;~)i ,,~. . 2.1. Before the Commencement of Development the Owner.~p.all submit the Approved Scheme to th~~~~nd obtain approval of it. '::ill;:'~'i;l ~Jt' "1<;_" 2.2. .The Owner shall fully implement the Approvt -Qf ehmge"Sccu-lcd Oil- Ba.nl~the necessary'-e~tate agents', surveyors' and . .;;r~~~~ .l~ convcyanclOg fees assoclate~wltli'th$' sale, place the net proceeds of sale on ' JJ'.~4. deposit in the name of the OWJ1:s: a~.g; such n,ft'proceeds of sale shall be applied as ~rJ.,l .,;. follows: /JA~:,,,y ~:"W" . ... ~ I. _ C ' r-J ~ f'\ V ''''''''' vV 'Mfurbishri1~nt~i)dimprovement as aforesaid . .~/r -.. ~ .J:I i>" 3.1.3. Anibalanc.e to be paid and released to the Owner absolutely. \;" "., 3.2. .~if the net pr':).c,eeds of sale of Bam 3 are insufficient to meet all the cost of repair, ',\!\ ?'"J ~Lw. Co<-\.lh;evt;l refi.ir?~~eiJl and improvement of Barns I and 2~then suCh proceeds shall be applied'towards the works in the order set out in Schedule 4 up to a maximum value not exceeding the net pr~.:;:.s,0jf.,~a~le.J ffO\ ~ I-dw.i",,-,,-(l~ (}'v-.. .~lll. ,1. 1Wt. S'~ ~r\ Cll.. Jl- \S.."\l/\~ 3"~ ~ o..... v'V s'hW.l ~. .' '1,\ Il . /.- .. _h!-..JI.' .,.~c~ ,,,,,",''lN~----I,.- tV\CJ.~\<:.d (b~ cf >cJ.o-) tt"/Jh <1 "'fw. "4~'.,,~ "'. . . \ \ooJ..o.A ":\- f;cv-.u l ~ L) CO.Jl; 1- 0VY.l~k.J \''1'' S5l~\ ~,CL.V>-d.. Ui. (i(.\~j) AA-.Q... \u \~ O"-'~CHEDULE4 The works to Barns I and 2 and cOilrtvanl I. Existinll hedllin!.! [lno clivisjol1s to courtvard are to be reIl10\'ed. 7 2. Consolidated gravel is to be laid to the courtyard, (except for a stone flagged path along s.w elevation of Barn 3). 3. Arch to Barn I south elevation gable end - Voussoirs are to be cut out and new sections inserted to match original stonework by a specialist stonemason where damaged on inner face following insertion of steel beam. Steel-work to timber first floor to room immediately inside arch is to be removed. Timber floor to be replaced to ditto. Infill blockwork from opening is to be removed and vertically boarded timber doors are to be fitted. /},-:, 4. Arch to Barn I East Eleyation - Quoins are to be repaired with dama~d sections cut out and new sections to be inserted to match the original stoiftwork by a specialist stonemason where damaged exte~ally. ,t~1':>'''~ Fit two box section, steel frames inside the archeq",$3~~ing t:-irrpJlort the arched stone~ork to S.E. ~nd Archiftects details. Two ve.JJic~lly,boarded timbet"it~rSare to be fitted mto the openmg, supported on brackets hup,g from the outer steel fram,erThe doors \:>--,V-; re to be divide~ at first floor level to allo~4EP.arate a~e,~s to ground ftld fIrst floors. S'y 1 ~\::<> F l:w!( separ Z~r~ck pIers are to be constru~tea~;e']-~ly,"lJp to the undersIde of ~ 1 c ___ ~ .1, leveI\Al9teeloeam to span between the pler ls to s~pport the "'.ISS at..,",zes-Ie ~ {l.CIlfV. 0-<:lU"',~ ~' ~ 1..-,'" '-.::.- ~. C1 - '1 - (>.,.~ -,or ,,.. \-.<.--.--l ~,...... u "'~. The roof to Barn I is to be stripped and repaired as necessaQ':'fatd re-clad in natural blue slates, re-using existing slates whe e in.,sound condition. E~l~ting fascia boards are to be removed a~gutters fitted on'rise"ap'll' fall .!?,ra,\ikets. <"Rafters, wall plates ,and other timbers are to be re,p,laCed/re,p,aired)lbecoJ11e! ~~"gent,following stripping of the roof . covering. "" "rp,' I ~. . ,,,, ~.. ". ~$~f' ~~...,...,J. ~l('e-..-r . ~7. Where apPlicabk'openin~ with c~tsr,;te lint~ls/~r~\~o jJe replaced with natural gritstone to ma!th.the style%nd appear~nce of original lintp'Ts elsewhere on property. ~~:~t:~o::~~ Iift"i\(:r,e,"i' ,!be:,' replaced' with seasoned oak sections to match originals , .f~, ~,:-, '*. ~~ '(lW! /." ~\F"t.. " .!. 1 8. AIC.~oor/windoJs;t<;( Bams3};j('& 2 are to be repaired or replaced with units of approved .t O ,~t:tiiilby the Authoi'iiy and:painted an approved colour. 1;> ~\; . '\h;" > ...... 1.. ~-.~.~ , ~;~~~ '" +.t.:::t, ll..',; ,,~., ,#it" ~, ~\g ~,/-t;1 SIGNED as a deed DV' ) STELLA ANN WiiLIAMS } In the presence of: } 8 ! , I \ '1. 2... '-, I ...... -\:-....e. .. c.,.".." 'C.~ ~..., C"c:...aa .. c .. +~_ ~ op... ~lh""...s - -r;Qc-nr,.w t:::(' e de.. ... I @ So..... '..l ~. _1- h.. :s )".~ ... ',;:'..-J .svll-"7, c::::..~,E;:o. _._--~ s "-~ 'tc' I" -:P'i', ' I ' I ..... Ian Stephenson Strategic Director ~DERBYSHIRE Environmental Services L~County Council County Hall Matlock Improving life for local people Derbyshire DE4 3AG Telephone (01629)580000 Mr R J Bryan Extension Head of Development Control 7644 Ask for Peak District National Park Authority Paul Froggatt Our ref Aldern House ND/PF/LS/56248 Your ref Baslow Road NP/HPKl0609/0493 Bakewell DE451AE Date 30 July 2009 Dear Mr Bryan Proposed Change of Use From Holiday Lets to Residential - Green Farm, N/C Highway, King Sterndale I refer to the above application which was received by this Authority on 10 July 2009 for highway comments. I note from my files that the Highway Authority has commented on a previous application for similar proposals, my letter dated 12 November 2008 in connection with application reference NP/HPKl1008/0891 refers. This Authority did not raise any objections to the previous application and there remains no objection to these current proposals from a highway safety viewpoint as the change of use from 3 holiday lets to a single residential dwelling is unlikely to materially increase the traffic generation associated with the site. Therefore, if your Authority is minded to permit the application, please append the following recommended conditions to any consent in the interests of highway safety:- 1. Before any other operations are commenced (excluding demolition/site clearance), space shall be provided within the site curtilage for storage of plant and materials, laid out and constructed in accordance with detailed designs to be submitted in advance to the Local Planning Authority for written approval and maintained throughout the contract period in accordance with the approved designs free from any impediment to its designated use. www.derbyshire.gov.uk Minicom (01629)585400 Facsimile (01629)585119 e-mail [email protected] This letter is produced on re-cycled paper. Derbyshire County Council cares for the environment. 17737fRG0969/LH -2- i'Mr R J Bryan ND/PF/LS/56248 NP/HPKl0609/0493 30 July 2009 ,2. Before any other operations are commenced, the existing access to the fronting N/C highway shall be modified in accordance with the application drawings, laid out, constructed and provided with 2.4m x 25m visibility splays in either direction, the area in advance of the sightlines being maintained clear of any object greater than 1m in height (0.6m in the case of vegetation) relative to adjoining nearside carriageway channel level. 3. Before any other operations are commenced (excluding the re-opening of the redundant access, the sUbject of condition 2 above), the existing most eastern vehicular access to the fronting N/C highway shall be permanently closed with a physical barrier and the existing vehicle crossover reinstated as footway (or verge) in a manner to be agreed in writing with the Local Planning Authority in consultation with the County Highway Authority. 4. The premises, the subject of the application, shall not be occupied until space has been provided within the application site in accordance with the application drawings for the parking and manoeuvring of resident's vehicles, laid out, surfaced and maintained throughout the life of the development free from any impediment to its designated use. In addition, please append the following notes to any consent for the applicant's information:- A. Pursuant to Section 184 of the Highways Act 1980 and Section 86(4) of the New Roads and Streetworks Act 1991, at least 6 weeks prior notification should be given to the Strategic Director of Environmental Services at County Hall, Matlock (tel: 01629 580000 and ask for Gail Mordey) before any works commence on the vehicular access within highway limits. B. The Highway Authority recommends that the first 5m of the proposed access driveway should not be surfaced with a loose material (i.e. unbound chippings or gravel etc). In the event that loose material is transferred to the highway and is regarded as a hazard or nuisance to highway users, the Authority reserves the right to take any necessary action against the householder Yours sincerely nArea Develop en H:IH 51W51LS94.doc PIOl37 Green Farm, Fridlington ChristopherKing Stemdale From: Shirley, Tamara (NE) Sent: 06 August 2009 10:14 Page To: Crowther Hazel I Cc: Fridlington Christopher of SUbject: P10137 Green Farm, King Stemdale I Hazel You may recall we spoke about this case back in February and you were about to undertake a site visit. I have been sent the consultation again but the bat and Barn Owl survey appears to be the same one as before dated Sept 2008 with no additional information. Could you copy me in on your response to this case please so that I can see what was agreed/discussed at your meeting. I am happy to leave the conditions with you as you have seen the site. Many Thanks Tammy Shirley This email and any attachments is intended for the named recipient only. If you have received it in error you have no authority to use, disclose, store or copy any of its contents and you should destroy it and inform the sender. Nothing in the email amounts to a legal commitment on our part unless confirmed by a signed communication. Whilst this email and associated attachments 'will have been checked for known viruses whilst within the Natural England systems, we can accept no responsibility once it has left our systems. Communications on Natural England systems may be monitored and/or recorded to secure the effective operation of the system and for other lawful purposes. This e-mail has been scanned for all viruses by Star. The service is powered by MessageLabs. For more information on a proactive anti-virus service working around the clock, around the globe, visit: http://www.star.net.uk 10108/2009 MEMORANDUM ------NATIONAL PARK AUTHORITY t To: Chris Fridlington Date: 10" August 2009 From: Frances Horsford File: P10137 P10137 Green Farm A protected species survey'was completed for the above property and evidence of a small population of brown long eared bats was found within the west and north barn. From the information provided, the barns are used as a feeding area and an occasional roost by this species, The mitigation provided within the report will allow the retention and enhancement of the roost. Please ensure that the mitigation in the report is followed, A minimum of 2 internal American style boxes should be provided within the barns in the locations suggested within the report, A further 2external boxes should be erected in suitable locations either on the building or on nearby trees, In addition to the mitigation provided, pointing and works to the stonework should avoid periods when bats may be hibernating (avoiding the period between November and February), As recommended in the report, any gaps, crevices etc, that are suitabie to host bats should be checked, Where structurally safe to do so, gaps should be retained offering potential roosting .habitat for crevice dwelling bats, Roofing materials that are being replaced should be compatible with bats, Bitumastic underfelt must be used below any membrane and be installed on either side of the ridge board. No plasticized underfelt should be used. Any timber treatments used should also be compactable with bats, We can provide a list of suitable products if required. No lighting should illuminate bat access points, The removal of the hedging should take place outside of the bird breeding season (March- September inclusive, Peak District National Park Authority File: P.10137 Internal Memorandum TO: Karen Zubertowski From: Louckia Taylor Date: 29 March 2010 SECTION 106 UNDERTAKING - STELLA ANN WILLIAMS - GREEN FARM KING STERNDALE The above undertaking has now been completed and you may, therefore, issue the Planning Decision Notice (TCP3). I also return your file for reference herewith. Louckia 2010 . DATED MRS S.A.WILLIAMS and PEAK DISTRICT NATIONAL PARK AUTHORITY UNILATERAL UNDERTAKING Pursuant to S.106 of the Town and Country Planning Act 1990 relating to Green Farm,King Sterndale, Buxton, Derbyshire Pricketts 30 Great Underbank Stockport Cheshire SKIINB THIS UNILATERAL UNDERTAKING is given on \ lc"''' \,Y\c,.n:'-',- 2010 BY: STELLA ANN WILLIAMS of Green Fann, King Stemdale, Buxton, Derbyshire, SKI7 9SL ('the Owner') TO: PEAK DISTRICT NATIONAL PARK AUTHORITY of Aldem House, Baslow Road, Bakewell, Derbyshire, DE45 IAE ('the Authority') RECITALS I. The Authority is the local planning authority for the purposes of the 1990 Act for the area in which the Site is situated. 2. The Owner is registered as the freehold owner of the Site as set out in Schedule I. 3. The Owner has by the Planning Application applied to the Authority for pennission to carry out the Development. 4. The Authority has decided to grant Planning Pennission for the Development in accordance with the Planning Application subject to conditions and subjcct to the making of this deed without which Planning Pennission for the Development would not be granted. 5. The Owner is preparcd to enter into this deed in order to secure the planning obligations it creates. NOW THIS DEED WITNESSES as follows: 1. Definitions and interpretation 1.1. Definitions For the purposes of this deed the following expressions shall have the following meanings: 1.1.1. 'the 1990 Act' means the Town and Country Planning Aet 1990, 1.1.2. 'the Approved Seheme' means a seheme of measures to repair and restore Bams I and 2 and the Courtyard as set out in Schedule 4 below, 1.1.3. 'Authority' includes the successors to the Authority as Local Planning Authority, 1.1.4. 'Bam 3' means the area shown coloured yellow on the Plan and 'Bams I and 2' means the area shown coloured green on the Plan and 'Bams I 2 and 3' together shall be read and construed accordingly, 1.1.5. 'the Commencement of Development' means the commencement of any material operation (as defined in the 1990 Act section 56(4)) forming part of the Development other than (for the purposes of this deed and for no other purpose) operations consisting of site clearance, demolition 1 work, archaeological investigations, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, diversion and laying of services, erection of any temporary means of enclosure, the temporary display of site notices or advertisements and 'Commence the Development' shall be construed accordingly, 1.1.6. "the Courtyard" means the area shown coloured brown on the Plan, 1.1.7. 'the Date of Practical Completion' means the date of issue of a certificate of practical completion by the Owner's architect or, if the Development is constructed by a party other than the Owner, by that other party's architect, 1.1.8. 'the Development' means the development for which planning permission is requested and described in the Planning Application, 1.1.9. 'a Dwelling' means a dwelling (including a house, flat or maisonette) to be constructed pursuant to the Planning Permission and 'Dwellings'shall be construed accordingly, 1.1.1 O. 'Green Farm' means the land and buildings described in Schedul.e I, 1.1.11. 'to Occupy' means to occupy or permit or suffer to be occupied for the purposes permitted by the Planning Permission and 'Occupation' and 'Occupied'shall be construed accordingly, 1.1.12. 'the Plan' means the plan attached to this deed, 1.1.13. 'the Planning Application' means the planning application for full planning permission for the Development dated 5th June 2009 submitted by the Owner to the Authority and allocated reference number NPIHPKl0609/0493, 1.1.14. 'the Planning Permission' means the full planning permission subject to conditions to be granted by the Authority pursuant to the Planning Application a draft of which is referred to in Schedule 2 and annexed to this deed and the expression "Planning Permission" shall include all approvals and variations to conditions granted under it, 1.1.15. 'the Site' means Green Farm against which this deed may be enforced shown edged red on the Plan and described in Schedule I. 1.2. Interpretation 1.2.1. Reference in this deed to any recital, clause, paragraph or schedule is, 2 unless the context otherwise requires, a reference to the recital, clause, paragraph or schedule in this deed so numbered. 1.2.2. Words importing the singular meaning include the plural meaning and vice versa where the context so admits. 1.2.3. Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeable in that manner. 1.2.4. Wherever an obligation falls to be performed by more than one person, the obligation can be enforced against every person so bound jointly and . against each of them individually unless there is an express provision otherwise. 1.2.5. Any reference to an Act of Parliament shall include any modification, extension or re-enactment of that Act for the time being in force and shall include all instruments, orders, plans, regulations, permissions and directions for the time being made, issued or given under that Act or deriving validity from it. 1.2.6. References to any Party shall include the successors in title to that Party and any person deriving title through or under that Party and in the case of the Authority the successors to their respective statutory functions. 1.2.7. Headings where they are included are for convenience only and are not intended to influence the interpretation of the agreement. 2. . Legal basis 2.1. This deed is made pursuant to the 1990 Act section 106. 2.2. The terms of this deed create planning obligations binding on the Owner pursuant to Section 106 of the 1990 Act and are enforceable as such by the Authority as local planning authority. 3. Conditions, du ration and enforcement 3.1. Conditions precedent This deed is conditional upon: 3.1.1. the grant of the Planning Permission, apd 3.1.2. the Commencement of Development save for the provisions of clause 5, which shall come into effect immediately upon completion of this deed. 3 3.2. Duration 3.2.1. This deed shall cease to have effect, in so far only as it has not already been complied with, if the Planning Permission is quashed, revoked or otherwise withdrawn or, without the consent of the Owner, it is modified by any statutory procedure or expires before the Commencement of Development. 3.2.2. No person shall be liable for any breach of any of the planning obligations or other provisions of this deed after parting with his entire interest in the Site, but without prejudice to liability for any subsisting breach arising before parting with that interest. 3.2.3. Nothing in this deed shall prevent compliance with any obligation pursuant to it before that obligation comes into effect under this clause 3, and no such early compliance shall amount to a waiver of the effect of this clause 3. 3.3. Other development Nothing in this deed shall prohibit or limit the right to develop any part of the Site in accordance with a planning permission (other than the Planning Permission) granted (whether or not on appeal) after the date of this deed. 3.4. Non-enforcement This deed shall not be enforceable against owner-occupiers or tenants of Dwellings constructed pursuant to the Planning Permission nor against those deriving title from such owner-occupiers or tenants. The obligations contained in this deed shall not be binding upon or enforceable against: 3.4.1. any statutory undertaker or other person who acquires any part of Barns 1 2 and 3 or any interest in them for the purposes of the supply of electricity, gas, water, drainage, telecommunication services or public transport services, 3.4.2. the Owner after she has disposed of her interest in the Site, or in the event of a disposal of part, in the part disposed of, other than disposal of an interest in the nature of an easement or the benefit of a restriction or similar, but not so as to release the Owner from any antecedent breach, non-performance or non-observance of her obligations. 4 4. Owner's covenants The Owner covenants with the Authority as set out in Schedule 3. 5. Provisions ofimmediate effect 5.1 Nothing in this deed shall create any rights in favour of any person pursuant to the Contracts (Rights of Third Parties) Act 1999. 5.2 The Owner shall pay to the Authority on completion of this deed the reasonable legal costs of the Authority incurred in negotiation, preparation and execution of this deed. 6. Notices 6.1. Any notice or other written communication to be served upon a Party or given by one Party to any other under the tenns of this deed shall be deemed to have been validly served or given if delivered by hand or sent by recorded delivery post to the Party upon whom it is to be served or to whom it is to be given or as otherwise notified for the purpose by notice in writing. 6.2. The address for any notice or other written communication shall be within the United Kingdom. 6.3. A notice or communication shall be served or given on the Owner at Green Fann, King Sterndale, Buxton, Derbyshire, SK 17 9SL or such other address as shall be notified in writing to the Authority from time to time. 7. Local land charge This deed shall be registered as a local land charge. 8. Jurisdiction and legal effect 8.1. This deed shall be governed by and interpreted in accordance with the law of England and Wales. 8.2. In so far as any clause or clauses of this deed are found (for whatever reason) to be invalid, illegal or unenforceable, that invalidity, illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions of this deed. 8.3. No waiver (whether expressed or implied) by the Authority of any breach or default in perfonning or observing any of the covenants tenns or conditions of this deed shall constitute a continuing waiver an,}! no such waiver shall prevent the Authority from enforcing any of the relevant tenns or conditions or from acting upon any subsequent breach or default. 8.4. The provisions of this deed (other than this clause 8.4 which shall be effective in 5 any event) shall be of no effect until this deed has been dated. IN WITNESS of which the Owner has signed this Unilateral Undertaking as a deed on the date first written above. SCHEDULE I The Owner's Title and Site Description ALL THAT freehold farm, farmhouse and other buildings known as Green Fann, King Stemdale, Buxton, Derbyshire, SKI7 9SL registered with title number DY447626 shown edged with red on the Plan. SCHEDULE 2 Draft Planning Permission See Draft Planning Decision Notice attached. SCHEDULE 3 The Owner's Covenants with the Authority 1. Progress of development The Owner shall notify the Authority immediately 1.1. upon the Commencement of Development 1.2. upon Occupation of any part of the Development And 1.3. upon any agreement for the sale of Barn 3 alier the date of this deed. 2. Approval and implementation of The Approved Scheme 2.1. Before the Commencement of Development the Owner shall submit the Approved Scheme to the Authority and obtain approval of it. 2.2. The Owner shall fully implement the Approved Scheme, within 2 years of the first sale of Barn 3after the date of this deed. 3. Application of proceeds of sale 3.1. In the event of the sale of Barn 3 with the benefit of the Planning Permission the Owner shall after the deduction of the necessary estate agents', surveyors' and conveyancing fees associated with th~ sale, place the net proceeds of sale on deposit in the name of the Owner and such net proceeds of sale shall be applied as follows: 3.1.1. To the cost of repair, refurbishment and improvement of Barns 1 and 2 6 c "cU_:~L,LLACAJM ~ ~ $1' J Green Farm, King Sterndale f ~ I 55 96 , ~~~~~~.,~.....~.,n i,~~n_.~. ~~~ .... ". " !: 7" ;;;::~ , , , , ,, .... "'" , '~bi::::.. , ,0 ,0 ,; 0 , ,, " o " , , , 0 , 0 , ,2<- , ,, ,, , , , 0 0 , , , 0 o 0 0 .: '" 0" I I I ..- I I 23 --- 23 I -' I I -.- J 22 " 21 21 I I ltL.<:::::...gs,cL,_~~;"'::'J.l. ;L_~-::::"_'--- ...l -'~ ,~ 95 96 -I ------'- '7...;-;; ..~ ~'OG);)-.o Ii-~-~- ,~ Wl-...L...l.J __'_'. .'_1 I , I (1 SUlheltand OS~l""""P 29 AtlgUll 200e -..,.-an_palNe wm Qc...... -nc~AlI"IJ'I't'.c ...,_ l."~,'" l0001~ SC:bW~U~K~ St\-vI . PLANNING DECISION NOTICE Tel: 01629816200 Fax: 01629816310 E-mail: cus([email protected] Web: www.peakdislriclorg Minicom: 01629 816319 Aldem House. Baslow Road. Bakewell. Derbyshire. DE45 1AE - NATIONAL PARK AUTHORITY To: Mrs Stella Williams P.10137 CIa David Sutherland Architects 2 CU120n Terrace Litton Mill BUXTON Derbyshire SK17 SSR THIS NOTiCE RELATES TO PLANNING CONT Y CONSENT MUST BE OBTAINED FROM THE APPROPRIATE In pursuance of the powers vested in the Authority under the above Acts and Order, and with reference to your applicati , of which are as follows: Office Code No. NP/HPKl0609/0493 Date received: 09 June 2 Proposal: Chang restoration works to barns 1& 2 Location: Gre Ki Parish: ERMISSION FOR THE PROPOSED DEVELOPMENT in the hown on the accompanying plans and drawings is Statutory Tim 1 The dev eby permitte~ 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 9June 2009; and Drawing No.s 1484/06B and 1484/09 both received by the National Park Authority on 10 September 2009, subject to the following conditions or modifications: Cant/d... Sjgned ------Date 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 3shall 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 venicles 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 d agreed in writing by the National Park Authority. Thereafter the development shall arried out in complete accordance with the approved scheme which shall be mai throughout the tife of the development free from any impediment to its designated us Landscaping 6 No development shall take place until there h nd approved by the National Park Authority a scheme of landscapi tanting, seeding or turfng, earth mounding, walling, fencing, pa . .The scheme shall include indications of all existing tree .s of any to be retained, together with measures for their pr Reasons for Conditions: 1 try Planning Act 1990 (which osa esh after a period of years) as ase Act 2004. 2&3 4-6 haracter and appearance of the curtilage listed of the legal agreement attached to this permission under the n and Country Planning Act 1990 . ! Note: nning and Compulsory Purchase Act 2004 requires that proposals be .ance with the development plan, unless material considerations indicate otherwise. Sec 8(3) of the Act also provides that the development ptan 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 term 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 3under 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 Local Govemment 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 da of this notice, using a form which you can get from the Planning Inspectorate at Customer Sup. nit, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN, telephone No. 72 8000 or www.planning- inspectorate.gov.uk. The Secretary of State can allow a longer period for givi an appeal, but he will not normally be prepared to use this power unless there ar lances which excuse the delay in giving notice of appeal. The Secretary of State need not consider an a the local planning authority could not have granted planning pe . nt or could not have granted it without the conditions they 1m uirements, to the provisions of any development order and to a under a develop nt order. In practice, the Secretary of State does not refus r appeals solely because the local planning authority based its decision a direction giv m. Householder Appeals The Planning Inspectorate launched a olde peal Pilot (FTHA)in January h of time it will to make a decision alms to Ide householder appeals in eight n previously. original application file held by the local planning e appeal. The local planning authority will rely gether with any internal reports. They will not d the site visit. The Secretary of State can allow e of an appea, he will not normally be prepared to use this power ances which excuse the delay in giving notice of appeal. m the date of the decision in which to submit an appeal and will talem ith their appeal forms. Pia enlirel elebronically, based on the electronic fiie provided by the local pianni ctor will visit the site alone, with the appellant present in some cases only to pr ite. Further infor ast Track Appeais scheme can be found at: www.planningportal.gov.uk Online Appeals The planning inspectorate have introduced an online appeals service which you can use to make your appeal online. You can find the service through the Appeals area of the Planning Portal - see www.planningportal.gov.uklpcs. The inspectorate will publish details of your appeal on the internet (on the appeals area of the Planning Portal). This may include a copy of the original pianning application form and relevant supporting documents supplied to the local authority by you or your agent, together with the completed appeal form and information you submit to the Planning Inspectorate. Please ensure you only provide information, including personal informalion belonging to you that you are happy will be made availabie to others in l~is way. If you supply personal information belonging to a third party please ensure you have their permission to do so. More .detailed informalion about data protection and privacy matters is avaitable on the Planning Portal. Purchase Notices If either the local planning authority or the Secretary of State for Communities and Local Government refuses permission to develop land or grants it subject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial use in its existing state nor render the land capable of a reasonably beneficial Use by the carrying out of any development which has been or would be permitied. In these circumstances, the owner may serve a purchase notice on the Council (District Council, London Borough Councilor Common Council of the City of London) or, where the land is situated in a National Park, the National Park Authority for that Park in whose area the land is situated. This notice will reqUire the Councilor Authority to purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990. To The Applicant Dear Sir or Madam e development outlined se are complied with i1der a copy of the ed plans. If you ity. Yours faithfully Robert Bryan Head ofThe Plannln Serv; and the Courtyard in accordance with Schedule 4. 3.1.2. To the cost of all professional fees associated with the repair, refurbishment and improvement as aforesaid. 3.1.3. Any balance to be paid and released to the Owner absolutely. 3.2. If the net proceeds of sale of Barn 3 are insufficient to meet all the cost of repair, refurbishment and improvement of Barns I and 2 and the Courtyard then such proceeds shall be applied towards the works in the order set out in Schedule 4 up to a maximum value not exceeding the net proceeds of sale. 3.3. The Owner shall provide to the Authority on demand details of the sale price of Barn 3, associated costs of sale, costs of repair, refurbishment and improvement of Barns I and 2 and Courtyard, costs of associated professional fees, and balance (ifany) due to the Owner. SCHEDULE 4 The works to Barns 1 and 2 and Courtyard I. Existing hedges and modern divisions within the Courtyard contained by Barns I -3 are to be removed. 2. Consolidated gravel (of type and colour to be approved by the Authority) is to be laid within the ground of the Courtyard, (except for a stone flagged path along south west elevation of Barn 3). 3. Arch to Barn I south elevation gable end -Broken sections of the voussoirs are to be cut out and new sections inserted to match original stonework by a specialist stonemason wherc damaged on inner face, following insertion of steel beam. Steelwork to timber first floor room immediately inside the arch is to be removed. Timber floor to be re- instated as the original. Infill blockwork within the cart entrance is to be removed and vertically boarded timber doors are to be fitted. (Method of fixing the doors to the host building is to be agreed with the Authority on site depending upon the condition of the stonework). 4. Arch to Barn I East Elevation - Quoins are to be repaired with damaged sections cut out and new sections to be inserted to match the original stonework by a specialist stonemason where damaged externally. 5. Fit two box sections, steel frames inside the arched opening to support the arched stonework to S.E. and Archirtects dctails. Two vertically boarded timber doors are to be fitted into the opening, supported on brackets hung from the outer steel frame. The doors are to be divided at first floor level to allow separate access to ground and first floors. A brick pier is to be constructed internallY, up to the underside of first floor level and a new oak beam inserted to span from the pier to the internal wall to the right of the opening (viewed from outside). 7 The roof to Bam I is to be stripped and repaired as necessary and re-c1ad in natural blue slates and blue clay ridge tiles, re-using existing slates and ridge tiles where in sound condition. Existing fascia boards are to be removed and half round cast iron gutters shall be fitted on rise and fall brackets. Rafters, wall plates and other timbers are to be repaired, and replaced where necessary, following stripping of the roof covering. 6. Where applicable - op~nings with concrete lintels are to be replaced with natural gritstone to match exactly, eg stone type, design, dimensions and tooling of original lintels elsewhere on property. All mortar mixes shall be lime based. Defective inner lintels are to be replaced with seasoned oak sections to match original dimensions. Any. concrete windowsills shall be replaced with stone sills, full details of all new windowsills to be agreed by the Authority. 7. All doors and windows, including pitching doors, to Barns I & 2 are to be repaired or replaced with units of an approved detail by the Authority and painted an approved colour. SIGNED as a deed by STELLA ANN WILLIAMS ? -{ In the presence 0 f: , w (",-""S'st~ ..... ~ . N~CYr",,~} \"t~I,":i'": 8 Tel: 01629816200 Fax: 01629 816310 E-mail: [email protected] Web: www.peakdistrict.gov,uk Minicom: 01629 816319 Aldem House. Baslow Road. Bakewell. Derbyshire. DE45 1AE NATIONAL PARK AUTHORITY Your ref NJSrrClW1 L871/3 Pricketts Solicitors 30 Great Underbank Ourrer: LT/Green Farm Stockport Date 29 March 2010 SK1 1NB Dear Sirs 5106 Unilateral Undertaking - Green Farm, Earl 5terndale Application Number: NP/HPKl0609/0493 Thank you for your letter dated 16 March 2010, with enclosures. I confirm that I have applied for registration of the Undertaking as a Land Charge, and have asked the Planning Service to issue the planning permission. I enclose a receipt in respect of our fees, as requested. Yours faithfully Louckia Taylor Assistant Solicitor Legal Services :$', Member of the Association of National Park Authorities Holder of Council of Europe Diploma . Chief Executive: Jim Dixon Chair: Narendra Bajana CBE Deputy Chair: Trevor Bagshaw Worlcing together for the Peak District National Park: A special environment -A welcoming place at the heart of the nation Vibrant communities and a thriving economy Tel: 01629 816200 Fax: 01629 816310 E-mail: [email protected] Web: www.peakdistrict.gov.uk Minicom: 01629 816319 Aldem House. Baslow Road. Bakewell. Derbyshire. DE45 lAE NATlONAL PARK AUTHORITY- Your ret. Registration Officer (Land Charges) High Peak Borough Council Ourre!; LT/Green Farm King St Council Offices Date: 29 March 2010 Hayfield Road Chapel-en-Ie-Frith High Peak SK230QJ Dear Sirs Unilateral Undertaking Section 106 Town & Country Planning Act 1990 Part 3 Local Land Charges Register Land at Green Farm, King Sterndale. Buxton I am enclosing a certified copy of a Unilateral Undertaking dated 16 March 2010. The Undertaking has been made under Section 106 of the Town and Country Planning Act 1990. I should be grateful if you could make an entry in Part 3 of the Local Land Charges Register in respect of the land edged in red on the plan attached to the Undertaking. Could you please also confirm that the registration of this Undertaking has been completed. Thank you for your assistance, and I look forward to hearing from you. Yours faithfully, Louckia Taylor Assistant Solicitor Legal Services Member of the Association of National Park Authorities Holder of Council of Europe Diploma :.'.. Chief Executive: Jim Dixon Chair. Narendra Bajana CBE Deputy Chair: Trevor Bagshaw Working together for the Peak District National Park: A special environment-A welcoming place at the heart of the nation -Vibrant communities and a thriving economy. Peak District National Park Authority File: P.10137 Internal Memorandum ------ TO: Chris Fridlington From: Louckia Taylor Date: 29 March 2010 COMPLETION MEMORANDUM (Section 106 Undertaking) Date of Undertaking: 16 March 2010 Planning Authority: Peak District National Park Authority Applicant/Owner: Stella Ann Williams Address of Applicant/Owner: Green Farm, King Sterndale, Buxton Property: Green Farm, King Sterndale, Buxton Application number: NP/HPKl0609/0493 Development: Change of use of barn 3 to residential use and repair/restoration works to barns 1 & 2 Planning restriction imposed: s106 to secure the implementation of schedule of works to barns 1& 2 Committee: Planning Committee 14 August 2009 REMARKS The originai undertaking has been retained to be added to the Superbase records. I have applied to the District Council for the registration of the undertaking in Part 3of the Local Land Charges register. Karen Z has been asked to issue the permission. Peak District National Park Authority File: P.10137 Internal Memorandum TO: Karen Zubertowski From: Louckia Taylor Date: 29 March 2010 ------ SECTION 106 UNDERTAKING - STELLA ANN WILLIAMS - GREEN FARM KING STERNDALE The above undertaking has now been completed and you may, therefore, issue the Planning Decision Notice (TCP3). I also return your file for reference herewith. Louckia 30 Great Underbank Prlcketts Stockport SKI 1NB Telephone: 0161 429 8000 SOLICITORS 0161 480 3636 Facsimile, 0161 480 0968 DX No, 19666 Stockport 1 Email: [email protected] www.pricketts.co.uk IW~CF'@QMLl'tJlK AUTtIORITV 16 March 2010 c ALLOCATED ~'.:>nOI 'P Your Ref: LT/Green Farm J b"~lrrn D..\TE t, c'o 18 MAR 2010 Our Ref: NJSIPJC/WIL87113 ! 1 1 ACKNOWi~o:.._, ~",""<';"'III: REPL~, filE ALLOCATION: Mrs L Taylor COP/EDTP: Assistant Solicitor - Legal Services Peak District National Park Authority AldemHouse BaslowRoad Bakewell Derbyshire DE451AE Dear Mrs Taylor Proposed Planning Agreement - Green Farm, Earl Sterndale Application Number: NPIHPKl0609/0493 Thank you for your letter of 3rd March. I agree all of your amendments and accordingly, enclose the completed document, which you will see has been dated 16th March, for retention by your authority. We also enclose our client's own cheque for 200.00 in payment of the accompanying invoice, which please have receipted and returned to us in due course. N...l..l!ll:ymour Pricketts [email protected] PartnCNl: Murtin Wragg Ll.B. (M:maging Partner) Pri,ketts Practice Manager: Ellen Jackson Kendrick Newton Nicholas 1- Seymour Ll.B. ($enior Partner) Ingham & Wainwright Pric~tts Alan Shul;:kleton I Bowdens Shipton & Tomlinson SRA No 57786 ! The Prickett Partnership Elizabeth Ince Offices at: Stockport and Buxton Regulated by the Salicitors Regulation Authon"ty Tel: 01629 816200 Fax: 01629 816310 E-mail: [email protected] Web: www.peakdistrict.gov.uk Minicom: 01629 816319 Aldern House. Baslow Road. Bakewell, Derbyshire. DE45 lAE ------NATIONAL PARK AUTHORITY Yourret NJSITCIWIL871/3 Pricketts Solicitors 30 Great Underbank Ourref: LT/Green Farm Stockport Oate 3March 2010 SK1 1NB Dear Sirs Proposed Planning Agreement - Green Farm, Earl Sterndale Application Number: NP/HPK/0609/0493 Thank you for your letter dated 23 February 2010, with enclosures. I confirm that the Unilateral Undertaking is now agreed, sUbject to the following minor amendments: 1. Recital number 2 should read "The Owner is registered as the freehold owner of the Site as set out in Schedule 1" 2. Clause 1,1.4 refers to Barns 1 and 2 shown coloured green on the Plan, whereas it appears to be coloured blue on the plan attached to the document sent with your letter. This needs amending, 3. Clause 1.1.6 refers to the Courtyard shown coloured brown on the Plan, and again it appears to be coloured grey on the plan sent with your letter. 4. Schedule 1 should now read "ALL THAT freehold farm, farmhouse and other bUildings known as Green Farm, King Sterndale, Buxton. Derbyshire SK17 9SL registered with title number DY447626 shown edged red on the Plan." 5. In Schedule 4, the word "courtyard" in the title, paragraph 1 and paragraph 2 should all start with a capital "C". as this has now been defined. In paragraphs 6 and 7 of the same schedule the word "The" before "Authority" should have a lower case "t". I am arranging for the Authority's account to be sent to you in the sum of 200. I confirm that the Undertaking need only be executed by your client, and I look forward to receiving the completed Undertaking in due course. Yours faithfully Louckia Taylor Assistant Solicitor Legal Services :*'. Member of the AssociatiOn of National Park Authorities Holder of Counci! of Europe Diploma Chief Executive: Jim Dixon Chair: Narendra Bajaria CBE Deputy Chair. Trevor Bagshaw Working together for the Peak District National Park: A special environment A welcoming place at the heart of the nation Vibrant communities and a thriving economy. Partners: 30 Grear Underbank Priicketts Stockporr SK1 1NB Telephone: 0161 429 8000 SOLICITORS 0161 4803636 Facsimile: 0161 480 0968 DX No: 19666 Stockporr 1 Email: [email protected] www.pricketts.co .uk 23 February 20I0 Your Ref: LT/Green Farm Our Ref: NJSIPJC/WIL87113 f.aAK DISTRICT NATIONAL fAIIK AUTHORtn' Mrs L Taylor ~LlOOA1'!D '{\l>()VP L-,{',e" Assistant Solicitor - Legal Services ~ OF(olCER UJ..-, Peak District National Park Authority ~ ':r;, 25 FEB 2010 Aldem House Baslow Road \r-w-, ~JtJ\~t, ...... ~.,. ", ''10.''1': Bakewell ~,.." - ". :Y".;T';HI: Derbyshire Ctttiiou t Vo. DE45lAE Dear Mrs Taylor Proposed Planning Agreement - Green Farm,Earl Sterndale Application Number: NPIHPKl0609/0493 Thank you for your letter of l7'h February, whose arrival coincided with receipt from the Land Registry of the completed first registration. Accordingly, we enclose a copy of our client's Title Information Document, which we trust is / satisfactory for your purposes. We now enclose what we hope is the final draft Unilateral Undertaking for your approval. We have incorporated all of your amendments and also as discussed in correspondence, and, you will see, we have added brown colouring to show the area of the court yard, We shall be grateful to hear from you as to your confirmation of this final draft, whereupon we will prepare the engrossment. Is it the practice just for the owner to execute this deed, or will the Authority expect to do so as well? S ymour Pric etts nick.seymour@pricketts,co.uk Martin Wragg Ll.B. (Mnnaging Partner) Pricketts Practice Manager: Ellen Jackson Kendrick Newton Nicholas J. Seymour Ll.B. (Senior Partner) Ingham & Wainwright Pridutts Alan ShaCkleton Bowdens Shipton & Tomlinson SRA No 57786 The Prickett Partnership Elizabeth (lice Offius at: Stockport and Buxton Regulated by the Solicitors Regulation ktthority THIS UNILATERAL UNDERTAKING is given on 2010 BY: STELLA ANN WILLIAMS of Green Farm, King Sterndale, Buxton, Derbyshire, SK17 9SL ('the Owner') TO: PEAK DISTRICT NATIONAL PARK AUTHORITY of Aldern House, Baslow Road, Bakewell, Derbyshire, DE45 IAE ('the Authority') RECITALS 1. The Authority is the local planning authority for the purposes of the 1990 Act for the area in which the.S~~ted. 2. The ow~s~he freehold owner of the Site as set out in Schedule I. 3. The Owner has by the Planning Application applied to the Authority for permission to carry out the Development. 4. The Authority has decided to grant Planning Permission for the Development in accordance with the Planning Application subject to conditions and subject to the making of this deed without which Planning Permission for the Development would not be granted. 5. The Owner is prepared to enter into this deed in order to secure the planning obligations it creates. NOW THIS DEED WITNESSES as follows: 1. Definitions and interpretation 1.1. Definitions For the purposes of this deed the following expressions shall have the following meanIngs: 1.1.1. 'the 1990 Act' means the Town and Country Planning Act 1990, 1.1.2. 'the Approved Scheme' means a scheme of measures to repair and restore Barns 1and 2 and the Courtyard as set out in Schedule 4 below, 1.1.3. 'Authority' includes the successors to the Authority as Local Planning Authority, 1.1.4. 'Barn 3' means the area shown coloured yellow on the Plan and 'Barns 1 ? and 2' means the area shown coloured ~the Plan and 'Barns 12 and 3' together shall be read and construed accordingly, 1.1.5. 'the Commencement of Development' means the commencement of any material operation (as defined in the 1990 Act section 56(4)) forming part of the Development other than (for the purposes of this deed and for 1 no other purpose) operations consisting of site clearance, demolition work, archaeological investigations, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, diversion and laying of services, erection of any temporary means of enclosure, the temporary display of site notices or advertisements and 'Commence the Development' shall be construed accordingly, r"' 1.1.6. "the Courtyard" means the area shown coloured ~on the Plan, ~ I.I.7. 'the Date of Practical Completion' means the date of issue of a certificate of practical completion by the Owner's architect or, if the Development is constructed by a party other than the Owner, by that other party's architect, 1.1.8. 'the Development' means the development for which planning permission is requested and described in the Planning Application, 1.1.9. 'a Dwelling' means a dwelling (including a house, flat or maisonette) to be constructed pursuant to the Planning Permission and 'Dwellings' shall be construed accordingly, 1.1.10. 'Green Farm' means the land and buildings described in Schedule I, 1.1.11. 'to Occupy' means to occupy or permit or suffer to be occupied for the purposes permitted by the Planning Permission and 'Occupation' and 'Occupied'shall be construed accordingly, 1.1.12. 'the Plan' means the plan attached to this deed, 1.1.13. 'the Planning Application' means the planning application for full planning permission for the Development dated 5th June 2009 submitted by the Owner to the Authority and allocated reference number NP/HPKl0609/0493, 1.1.14. 'the Planning Permission' means the full planning permission subject to conditions to be granted by the Authority pursuant to the Planning Application a draft of which is referred to in Schedule 2 and annexed to this deed and the expression "Planning Permission" shall include all approvals and variations to conditions granted under it, 1.1.15. 'the Site' means Green Farm against which this deed may be enforced shown edged red on the Plan and described in Schedule I. 1.2. Interpretation 2 1.2.1. Reference in this deed to any recital, clause, paragraph or schedule is, unless the context otherwise requires, a reference to the recital, clause, paragraph or schedule in this deed so numbered. 1.2.2. Words importing the singular meaning include the plural meaning and vice versa where the context so admits. 1.2.3. Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeable in that manner. 1.2.4. Wherever an obligation falls to be performed by more than one person, the obligation can be enforced against every person so bound jointly and against each of them individually unless there is an express provision ...... otherwise. 1.2.5. Any reference to an Act of Parliament shall include any modification, extension or re-enactment of that Act for the time being in force and shall include all instruments, orders, plans, regulations, permissions and directions for the time being made, issued or given under that Act or deriving validity from it. 1.2.6. References to any Party shall include the successors in title to that Party and any person deriving title through or under that Party and in the case of the Authority the successors to their respective statutory functions. 1.2.7. Headings where they are included are for convenience only and are not intended to influence the interpretation of the agreement. 2. Legal basis 2.1. This deed is made pursuant to the 1990 Act section 106. 2.2. The terms of this deed create planning obligations binding on the Owner pursuant to Section 106 of the 1990 Act and are enforceable as such by the Authority as local planning authority. 3. Conditions, duration and enforcement 3.1. Conditions precedent This deed is conditional upon: 3.1.1. the grant of the Planning Permission, and 3.1.2. the Commencement of Development save for the provisions of clause 5, which shall come into effect immediately upon 3 completion of this deed. 3.2. Duration 3.2.1. This deed shall cease to have effect, in so far only as it has not already been complied with, if the Planning Permission is quashed, revoked or otherwise withdrawn or, without the consent of the Owner, it is modified by any statutory procedure or expires before the Commencement of Development. 3.2.2. No person shall be liable for any breach of any of the planning obligations or other provisions of this deed after parting with his entire interest in the Site, but without prejudice to liability for any subsisting breach arising before parting with that interest. 3.2.3. Nothing in this deed shall prevent compliance with any obligation pursuant to it before that obligation comes into effect under this clause 3, and no such early compliance shall amount to a waiver of the effect of this clause 3. 3.3. Other development Nothing in this deed shall prohibit or limit the right to develop any part of the Site in accordance with a planning permission (other than the Planning Permission) granted (whether or not on appeal) after the date of this deed. 3.4. Non-enforcement This deed shall not be enforceable against owner-occupiers or tenants of Dwellings constructed pursuant to the Planning Permission nor against those deriving title from such owner-occupiers or tenants. The obligations contained in this deed shall not be binding upon or enforceable against: 3.4.1. any statutory undertaker or other person who acquires any part of Barns 1 2 and 3 or any interest in them for the purposes of the supply of electricity, gas, water, drainage, telecommunication services or public transport services, 3.4.2. the Owner after she has disposed of her interest in the Site, or in the event of a disposal of part, in the part disposed of, other than disposal of an interest in the nature of an easement or the benefit of a restriction or similar, but not so as to release the Owner from any antecedent breach, non-performance or non-observance of her obligations. 4 4. Owner's covenants The Owner covenants with the Authority as set out in Schedule 3. 5. Provisions of immediate effect 5.1 Nothing in this deed shall create any rights in favour of any person pursuant to the Contracts (Rights of Third Parties) Act 1999. 5.2 The Owner shall pay to the Authority on completion of this deed the reasonable legal costs of the Authority incurred in negotiation, preparation and execution of this deed. 6. Notices 6.1. Any notice or other written communication to be served upon a Party or given by one Party to any other under the terms of this deed shall be deemed to have been validly served or given if delivered by hand or sent by recorded delivery post to the Party upon whom it is to be served or to whom it is to be given or as otherwise notified for the purpose by notice in writing. 6.2. The address for any notice or other written communication shall be within the United Kingdom. 6.3. A notice or communication shall be served or given on the Owner at Green Farm, King Sterndale, Buxton, Derbyshire, SK 17 9SL or such other address as shall be notified in writing to the Authority from time to time. 7. Local land charge This deed shall be registered as a local land charge. 8. Jurisdiction and legal effect 8.1. This deed shall be governed by and interpreted in accordance with the law of England and Wales. 8.2. In so far as any clause or clauses of this deed are found (for whatever reason) to be invalid, illegal or unenforceable, that invalidity, illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions of this deed. 8.3. No waiver (whether expressed or implied) by the Authority of any breach or default in performing or observing any of the covenants terms or conditions of this deed shall constitute a continuing waiver and no such waiver shall prevent the Authority from enforcing any of the relevant terms or conditions or from acting upon any subsequent breach or default. 5 8.4. The provisions of this deed (other than this clause 8.4 which shall be effective in any event) shall be of no effect until this deed has been dated. IN WITNESS of which the Owner has signed this Unilateral Undertaking as a deed on the date first written above. SCHEDULE 1 The Owner's Title and Site Description ALL THAT freehold farm, farmhouse and other buildings known as Green Farm, King Stemdale, Buxton, Derbyshire, SK 17 9S{llS is S~OWfl fOf=tflll-fllll'Pooe- .eh-d'Wili:eiitlolizonly shown edged with red on the Plan. ~~IA. -h.~ I'\.JJ-~ !IN'-\lt1.t.2t SCHEDULE 2 Draft Planning Permission See Draft Planning Decision Notice attached. SCHEDULE 3 The Owner's Covenants with the Authority 1. Progress of development The Owner shall notify the Authority immediately I.I. upon the Commencement of Development 1.2. upon Occupation of any part of the Development And 1.3. upon any agreement for the sale of Bam 3after the date of this deed. 2. Approval and implementation of The Approved Scheme 2.1. Before the Commencement of Development the Owner shall submit the Approved Scheme to the Authority and obtain approval of it. 2.2. The Owner shall fully implement the Approved Scheme, within 2 years of the first sale of Bam 3after the date of this deed. 3. Application of proceeds of sale 6 3.1. In the event of the sale of Barn 3 with the benefit of the Planning Permission the Owner shall after the deduction of the necessary estate agents', surveyors' and conveyancing fees associated with the sale, place the net proceeds of sale on deposit in the name of the Owner and such net proceeds of sale shall be applied as follows: 3.1.1. To the cost of repair, refurbishment and improvement of Barns I and 2 and the Courtyard in accordance with Schedule 4. 3.1.2. To the cost of all professional fees associated with the repair, refurbishment and improvement as aforesaid. 3.1.3. Any balance to be paid and released to the Owner absolutely. 3.2. If the net proceeds of sale of Barn 3 are insufficient to meet all the cost of repair, refurbishment and improvement of Barns I and 2 and the Courtyard then such proceeds shall be applied towards the works in the order set out in Schedule 4 up to a maximum value not exceeding the net proceeds of sale. 3.3. The Owner shall provide to the Authority on demand details of the sale price of Barn 3, associated costs of sale, costs of repair, refurbishment and improvement of Barns I and 2and Courtyard, costs of associated professional fees, and balance (ifany) due to the Owner. SCHEDULE 4 ,fv-..o.. The works to Barns 1and 2 andf!urtyard 1. Existing hedges and modern divisions within the Gurtyard contained by Barns I -3 are to be removed. 2. Consolidated gravel (ofty,ge and colour to be approved by the Authority) is to be laid within the ground of the ~urtyard, (except for a stone flagged path along south west elevation of Barn 3). 3. Arch to Barn I south elevation gable end -Broken sections of the voussoirs are to be cut out and new sections inserted to match original stonework by a specialist stonemason where damaged on inner face, following insertion of steel beam. Steelwork to timber first floor room immediately inside the arch is to be removed. Timber floor to be re- instated as the original. Infill blockwork within the cart entrance is to be removed and vertically boarded timber doors are to be fitted. (Method of fixing the doors to the host building is to be agreed with the Authority on site depending upon the condition of the stonework). 7 4. Arch to Barn I East Elevation - Quoins are to be repaired with damaged sections cut out and new sections to be inserted to match the original stonework by a specialist stonemason where damaged externally. 5. Fit two box sections, steel frames inside the arched opening to support the arched stonework to S.E. and Archirtects details. Two vertically boarded timber doors are to be fitted into the opening, supported on brackets hung from the outer steel frame. The doors are to be divided at first floor level to allowseparate access to ground and first floors. A brick pier is to be constructed internally, up to the underside of first floor level and a new oak beam inserted to span from the pier to the internal wall to the right of the opening (viewed from outside). The roof to Barn I is to be stripped and repaired as necessary and re-clad in natural blue slates and blue clay ridge tiles, re-using existing slates and ridge tiles where in sound condition. Existing fascia boards are to be removed and half round cast iron gutters shall be fitted on rise and fall brackets. Rafters, wall plates and other timbers are to be repaired, and replaced where necessary, following stripping of the roof covering. 6. Where applicable - openings with concrete lintels are to be replaced with natural gritstone to match exactly, eg stone type, design, dimensions and tooling of original lintels elsewhere on property. All mortar mixes shall be lime based. Defective inner lintels are to be replaced with seasoned oak sections to match original dimensions. Any concrete windo~lls shall be replaced with stone sills, full details of all new windowsills to be agreed byr13e Authority. 7. All doors and windows, including pitching do~ to Barns I & 2 are to be repaired or replaced with units of an approved detail by- ~j: Authority and painted an approved colour. SIGNED as a deed by } STELLA ANN WILLIAMS } In the presence of: } 8 Green Farm, King Sterndale ., 0 , 0 , / 0 , , , , 0 , , j1f2"1_ :~. 0 , . , . , .... 0 , 0 I, ! I 23 23 .., 22 .- .. 22 2' . 21. j .21l... ~ 95 56 I , 1111 I I I I [ I N ,David SUlhl!l1and '", os u. rtr\IlP 29 AlIlIIIII :zooe _.unltefM~.com +I I ,1'.2SOO ~P",.u. M IOC_C Tel: 01629 816200 Fa." 01629 816310 E-mail: [email protected] Web: www.pcakdistricLorg Minicom: 01629816319 Aldern House. Baslow Road. Bakewell. Derbyshire. DE45 IAE - NATIONAL PARK AUTHORITY To: Mrs Stella Williams P.10137 Clo David Sutherland Architects 2 Curzon Terrace Litton Mill BUXTON Derbyshire SK178SR THIS NOTICE RELATES TO PLANNING CONT Y CONSENT MUST BE OBTAINED FROM THE APPROPRIATE TOWN & COUNTRY PLANNING ACTS & GENERAL D In pursuance of the powers vested in the Authority under the above Acts and Order, and with reference to your applicati . of which are as follows: Office Code No. NP/HPKl0609/0493 Date received: 09 June Proposal: Chang restoration works to barns 1& 2 Location: Gre Ki Parish: NOT ERMISSION FOR THE PROPOSED DEVELOPMENT in the man hown on the accompanying plans and drawings is Statutory Tim 1 The dev eby permittea 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 9June 2009; and Drawing No.s 1484/06B and 1484/09 both received by the National Park Authority on 10 September 2009, subject to the fOllowing conditions or modifications: Contld ... Signed Date Attention is called to the notes at the end of this Decision Notice Form TCP3 NP/HPKl0609/0493 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 Pr'lor 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 d agreed in writing by the National Park Authority. Thereafter the development shall arried out in complete accordance with the approved scheme which shall be mai throughout the life of the development free from any impediment to its designated us Landscaping 6 No development shall take place until there h nd approved by the National Park Authority a scheme of landscapi lanting, seeding or turfing, earth mounding, walling, fencing, pa . .The scheme shall include indications of all existing tree .s of any to be retained, together with measures for their pr Reasons for Conditions: 1 try Planning Act 1990 (which osa esh after a period of years) as ase Act 2004. 2&3 4-6 haracter and appearance of the curtilage listed of the legal agreement attached to this permission under the rn and Country Planning Act 1990 . \ Note: nning and Compulsory Purchase Act 2004 requires that proposals be nce with the development plan, unless material considerations indicate otherwise. Se 8(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 term 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 APPLICANT'S 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 Local 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 da of this notice, using a form which you can get from the Planning Inspectorate at Customer Sup. nit, Temple Quay House, 2The Square, Temple Quay, Bristol BS1 6PN, telephone No. 72 8000 or www.planning- inspectorate.gov.uk. The Secretary of State can allow a longer period for givi n appeal, but he will not normally be prepared to use this power unless there ar nces which excuse the delay in giving notice of appeal. The Secretary. of State need not consider an a he local planning authority could not have granted planning per nt or could not have granted it without the conditions they im uirements, to the provisions of any development order and to a under a develop nt order. In practice, the Secretary of State does not refus r appeals solely because the local planning authority based its decision a direction giv m. olde eal Pilot (FTHA) in Janua ry h of time it will to make a decision aims to Ide householder appeals in eight an previousiy. original application file held by the local planning e appeal. The local planning authority will rely gether with any internal reports. They will not d the site visit. The Secretary of State can allow e of an appeal, he will not normally be prepared to use this power ances which excuse the delay in giving notice of appeal. m the date of the decision in which to submit an appeal and will tatem ith their appeal forms. I Pia entirel elEictronically, based on the electronic file provided by the local planni ctor will visit the site alone, with the appellant present in some cases only to pr ite. Further infor ast Track Appeals scheme can be found at: www.planningportal.gov.uk Online Appeals The planning inspectorate have introduced an online appeals service which you can use to make your appeal online. You can find the service through the Appeals area of the Pianning Portal - see www.planningportal.gov.uklpcs. The inspectorate will publish details of your appeal on the internet (on the appeals area of the Planning Portal). This may include a copy of the original planning application form and relevant supporting documents supplied to the local authority by you or your agent, together with the completed appeal form and information you submit to the Planning Inspectorate. Please ensure you only provide information, including personal information belonging to you that you are happy will be made available to others in this way. If you supply personal information belonging to a third party please ensure you have their permission to do so. More detailed information about data protection and privacy matters is available on the Planning Portal. Purchase Notices If either the local planning authority or the Secretary of State for Communities and Local Government refuses permission to develop land or grants it subject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial use in its existing state nor render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted. In these circumstances, the owner may serve a purchase notice on the Council (District Council, London Borough Councilor Common Council of the City of London) or, where the land is situated in a National Park, the National Park Authority for that Park in whose area the land is situated. This notice will require the Council or Authority to purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990. To The Applicant Dear Sir or Madam Please find attached a copy of the decision notice which gi e e development outlined below. If the approval is subject to conditions or footnote se are complied with when the development is carried out. I strongly reco ilder a copy of the conditions before he starts any work and please chec ed plans. If you wish to modify your plans in any way, you must first ity. Yours faithfully Robert Bryan Head of The Plannin Tel: 01629 816200 Fax: 01629 816310 E~mail: [email protected] Web: www.peakdistrict.gov.uk Minicom: 01629 816319 Aldern House. Baslow Road. Bakewell. Derbyshire. DE45 lAE ------NATIONAL PARK AUTHORITY Yourref: NJSrrCIWIL871/3 Pricketts Solicitors 30 Great Underbank Ourref: LT/Green Farm Stockport Date: 17 February 2010 SK1 1NB Dear Sirs Proposed Planning Agreement - Green Farm. Earl Sterndale Application Number: NP/HPKl0609/0493 Thank you for your letter dated 2 February 2010, on which I have now taken advice from the conservation officer. I confirm that your proposed amendments relating to paragraph 2, 3 and 7 of the schedule of works are agreed. Please re-instate the word "sections" in paragraph 3, line 2. With regard to paragraph 6, please replace the final sentence ("are any new stone sills proposed?") with the following: "Any concrete window sills shall be replaced with stone sills, full details of all new window sills to be agreed by the Authority". I confirm that the intention is for you to attach the draft planning permission sent with my letter dated 4 January 2010 to the Unilateral Undertaking. I look forward to hearing further from you in connection with the draft Undertaking and your client's title. Yours faithfully Louckia Taylor Assistant Solicitor Legal Services :~" Member of the Association of National Park Authorities Holder of Council of Europe Diploma .. Chief Executive: Jim Dixon Chair: Narendra Bajaria CBe Deputy Chair: Trevor Bagshaw Working together for the Peak District National Park: -A special environment -A welcoming place at the heart of the nation -Vibrant communities and a thriving economy .~ ee4>e'CCb\. IAJ~~~ , 30 Great Underbank Prlcketts Stockport SKI INB Telephone, 0161 429 8000 ~ I _ SOliCiTORS 0161 480 3636 ~ (,,~ ~e,VLJ ~V"'-Q---VJ Facsimil" 0161 480 0968 DX No, 19666 Stockport 1 Email: [email protected] c-V\. C&v~t/.J 10 S.t~klQ 1 c'\.lc,-ykj _ www.prickens.co .uk Cio celleJ.. fP'U'-Yl) bu2J&-0 _~,'--tJs L.?l/cck"-A .- 02 February 20 I0 Your Ref: LT/Green Farm ~~ Our Ref: NJSIBH/WIL871/3 ace ~ p~~ (WL 0.-> -p<.Fng 'rellirQ!i~UiAIiQHA!iM'KAimjQB[iYlPEAK Q!nB1c1 NATIONAL eABK AUTHORITY Mrs L Taylor ~ ALLOCATED 'GR(lUP _/ Assistant Solicitor - Legal Services OFFICER Ll (Ct Pcak District National Park Authority 'E:,e.e-t.-, (6.2. '10 .DATE I Aldern House "-.J ;;"C'D 03FE8 LU iU BaslowRoad ACKNOWLEDGEMENT: Bakewell REPLY' . FILE ALLOCATJON:-': Derbyshire ..;QPIED TO: DE45lAE Dear Mrs Taylor Proposed Planning Agreement - Green Farm,Earl Sterndale Application Number: NP/HPKl0609/0493 We thank you for your letter of 4th January together with its enclosures. We have discussed the proposed amended schedule of works with the Architect, and suggest the following amendments:- ~ Ib We suggest that paragraph 2 read as follows: f'. ~\ {'>k9r>~C) , "consolidated gravel (oftype and colour to be approved by the Authority) is to be laid A.>~ , within the ground of the yard (except for a stone flagged path along the south west elevation of bam 3)". = In paragraph 3, on line 2, the \vord "sections" has been deleted. What iCDlains does .\ ~ \ not make sense, What should take its place? re .pr~~,~~h k.~ .e.c.~ 1.""\ Again in paragraph 3 the final sentence should be replaced with the following: "method of fixing the doors to the host building is to be agreed with the Authotity on OJ;. site depending upon the condition of the stonework". The Architect says that he re.p~ would prefer the Authority not to ask for the doors to' be supported on pintles set into ~ the stonework, as old stonework is often in poor condition where the original pintles "(..oc..o<\ have decayed or expanded and caused damage to the stones they are set into. If this pI...",,';"'. were to be the case, it would be' necessary to cut out and replace sections of the A.;>~.~ original quoins. The Architect says he would prefer the detail of the door hanging to be agreed on site, depending upon the condition of the stonework if possible. No doubt you will take advice from your colleagues, Partners: Martin Wragg Ll.B. (:-'bnaging Partner) Prickett~ Practice Mallager: Ellen Jackson Kendrick Newlon Nichobs J. SC)'010UI' Ll.B. (Senior Parmer) Ingham & Wainwright Pricketts Alan Shackleton Bowdclls Shipton & Tomlinson SR,l No r;7S6 Elizabeth Jrlee The Prickett Partnership OjfiCl:$ al: Stockport and Bm:lll!l R gllialed !J:{ If,e SoJic;fOrs Regll~lIi(m Author/ty C c' oS sy,.; -i , 0 1- (,-..~ s:...Uo s-\:crvL I" J:.tL ~1- ;;J.J ~ ~cL""" ~ To l::>e aqre.n..d ~ , ,v 'I , "*""-' ~ .pk>n,,'vc,,\ ../::>.)tIr,~ . ~'kE>'~??P'OG'=- e9cy~ ;tX!:; ~e \7[2S'>'\":;/ In paragraph 6 the final sentence should be deleted Care any new stone sills proposed?") We are told'that no new stone sills are proposed, although there is a possibility that that may become necessary during the course of the works, In paragraph 7 replace PDNPA with "The Authority". . ,,~' I I ; >~\"">.12- ~ L-ocdl P1 &rY';1 II An application to register the Title at the Land Registry for the first time has been submitted p->~t;;; and acknowledged. At this stage we cannot say how long the process will take. We will come back to you with regard to the planning agr The agreement provides in Schedule 2 for the draft planning penmSSlOn, Is it your suggestion that we attaeh the draft that you supplied with your latest letter? We look forward to hearing from you shortly. N J Seymour Pricketts nickseymour@prieketts,co.uk 30 Grear Underbank Pr-cketts Stockport SKI INB Telephone: 0161 429 8000 SOLICITORS 0161 480 3636 Facsimile: 0161 480 0968 DX No: 19666 Stockport I Email: [email protected] www.prickctts.co.uk 02 February 2010 Your Ref: LT/Green Farm Our Ref: NJS/BH/WIL871/3 ew DISTRICT flATIQNA~ fAfl.Il AUTHORITY Mrs L Taylor ALLOCATED :GR(lUP L~! Assistant Solicitor - Legal Services OFFICER / {(. e, Peak District National Park Authority DATE o.,iC'O AldemHouse 03 FEB iu iJ BaslowRoad ACKNOWLEDGEMENT: Bakewell REPLV' FILE ALLOCATION: Derbyshire ....:OPIEDTO: DE451AE Dear Mrs Taylor Proposed Planning Agreement - Green Farm,Earl Sterodale Application Number: NPIHPKl0609/0493 We thank you for your letter of 4th January together with its enclosures. We have discussed the proposed amended schedule of works with the Architect, and suggest the following amendments:- We suggest that paragraph 2read as follows: "consolidated gravel (oftype and colour to be approved by the Authority) is to be laid within the ground of the yard (except for a stone flagged path along the south west elevation of bam 3)". In paragraph 3, on line 2, the word "sections" has been deleted. What remains does not make sense. What should take its place? Again in paragraph 3 the final sentence should be replaced with the following: "method of fixing the doors to the host building is to be agreed with the Authority on site depending upon the condition of the stonework". The Architect says that he would prefer the Authority not to ask for the doors to be supported on pintles set into the stonework, as old stonework is often in poor condition where the original pintles have decayed or expanded and caused damage to the stones they are set into. If this were to be the case, it would be necessary to cut out and replace sections of the original quoins. The Architect says he would prefer the detail of the door hanging to be agreed on site, depending upon the condition of the stonework if possible. No doubt you will take advice from your colleagues. Partners: Martin Wragg Ll.B. (Managing Parmer) Pricketts Praaice Manager: Ellen Jackson Kendrick Newton Nicholas J. Seymour Ll.B. (Senior Partner) Ingham & Wainwright Pmkctts Alan Shackleton Bowdens Shipton & Tomlinson SRA No 57786 The Prickett Partnership Elizabeth Ince Offices at: S~kport and Buxtoll Regulated Uy the Soht;itors Regulation Authority In paragraph 6 the final sentence should be deleted ("are any new stone sills proposed?") We are told that no new stone sills are proposed, although there is a possibility that that may become necessary during the course ofthe works. In paragraph 7 replace PDNPA with "The Authority". An application to register the Title at the Land Registry for the first time has been submitted and acknowledged. At this stage we cannot say how long the process will take. We will come back to you with regard to the planning agreement shortly. We need to take instructions on the identification and definition ofthe Courtyard. The agreement provides in Schedule 2 for the draft planning permiSSion. Is it your suggestion that we attach the draft that you supplied with your latest letter? We look forward to hearing from you shortly. N J Seymour Pricketts [email protected] Tel: 01629816200 Fax: 01629 816310 E~mail: [email protected] Web: www.peakdistrict.gov.uk Minicom: 01629 816319 Aldern House, Baslow Road, Bakewell, Derbyshire, DE45 lAE NATIONAL PARK AUTHORiTY You,,.': NJSfTCIWIL87113 Pricketts Solicitors 30 Great Underbank Oune': LT/Green Farm Stockport Date: 4 January 2010 SK1 1NB Dear Sirs Proposed Planning Agreement - Green Farm, Earl Sterndale Application Number: NP/HPKl0609/0493 Thank you for your letter dated 26 November, which must have crossed with my letter of 24 November. I now enclose a copy of the proposed amended Schedule of works, Revision A for your consideration, I also enclose a copy of the draft planning permission in this matter, for your information. I look forward to hearing from you regarding the amended Unilateral Undertaking, Schedule of works and your client's title as soon as possible. Yours faithfully Louckia Taylor Assistant Solicitor Legal Services '(i'. Member of the Association ofNational Park Authorities Holder of Council of Europe Diploma ' . Chief Executive: Jim Dixon Chair: Narendra Bajaria CBE Deputy Chair; Trevor Bagshaw Working together for the Peak District National Park: -A special environment -A welcoming place at the heart of the nation Vibrant communities and a thriving economy Page 1of 1 Taylor Louckia From: Waddington Rebecca Sent: 07 December 2009 10:17 To: Taylor Louckia Cc: Fridlington Christopher Subject: RE: Green Farm, King Sterndale Attachments: SCHEDULE OF PROPOSED WORKS TO GREEN FARM.doc f:li Loukia, I refer to our recent discussions regarding the above. Please find attached the amendments that I suggest for the Schedule that will form part of the 106 Agreement for the above. If you have any queries regarding the amendments then please do not hesitate to canatct me on ext 238. Kind regards, Rebecca Waddington Conservation Officer Cultural Herit"ge Section 04/0112010 SCHEDULE OF PROPOSED WORKS TO GREEN FARM, KINGSTERNDALE Suggested amendments to REVISION 'A'. Works to Barns 1 & 2, including the yard. 1. Existing hedges and modern divisions within the yard contained by Barns 1-3 courtyard area are to be removed. 2. Consolidated gravel (details of type & colour) is to be laid within ffi the 800Fl ground of the yard, (exceptfor a stone flagged path along s.w. elevation of Barn 3). 3. Arch to Barn 1 south elevation gable end - Broken sections of the Vyoussoirs are to be cut out and new sestions inserted to match the original stonework" by a specialist stonemason" where damaged on inner face, following insertion of steel beam. Steelwork to timber first floor lG-room immediately inside the arch is to be removed. Timber floor to be replased dilto re-instated as the original. Infill blockwork fwithin the cart entranceffiffi opening is to be removed and vertically boarded timber doors are to be fitted. (Method of fixing the doors to the host building e.g. The doors shall have metal strap hinges and hung on pintles bed into the stonework.) 4. Arch to Barn 1 East Elevation - Quoins are to be repaired with damaged sections cut out and new sections to be inserted to match the original stonework by a specialist stonemason where damaged externally. 5. Fit two box sections, steel frames inside the arched opening to support the arched stonework to S.E. and Architects details. Two vertically boarded timber doors are to be fitted into the opening, supported on brackets hung from the outer steel frame. The doors are to be divided at first floor level to allow separate access to ground and first floors. A brick pier is to be constructed internally, up to the underside of first floor level and a new oak beam inserted to span from the pier to the internal wall to the right of the opening (viewed from outside). The roof to Barn 1 is to be stripped and repaired as necessary and re-clad in natural blues slates and blue clay ridge tiles, re-using existing slates and ridge tiles where in sound condition. Existing fascia boards are to be removed and half round cast iron gutters shall be fitted on rise and fall brackets. Rafters, wall plates and other timbers are to be fefllaGeGfrepaired, and replaced where necessary, as besomes evident following stripping of the roof covering. 6. Where applicable - openings with concrete lint~Gls are to be replaced with natural gritstone to match exactly, e.g. stone type, design, dimensions and tooling tJ:le-styIe and appearanse of original Iint~Gls elsewhere on property. All mortar mixes shall be lime based, Defective inner lint~ols are to be replaced with seasoned oak sections to match original dimensions, (Are any new stone sills proposed?) 7. All doors and Iwindows, including pitching doors. to Barns 1 & 2 are to be repaired or replaced with units of !!'l.approved detail by PDNPA and painted an approved colour. 30 Great Underbank Pr-cketts Stockport SKI INB Telephone: 0161 429 8000 SOLICITORS 0161 480 3636 Facsimile: 0161 480 0968 DX No: 19666 Stockport 1 Email: [email protected] www.prickctts.co.uk 26 November 2009 Your Ref: LT/Green Farm Our Ref: NJSIPJC/WIL87113 Mrs L Taylor Assistant Solicitor - Legal Services Peak District National Park Authority AldemHouse BaslowRoad Bakewell Derbyshire DE451AE Dear Mrs Taylor Proposed Planning Agreement - Green Farm,Earl Sterndale Application Number: NPIHPKl0609/0493 Thank you for your letter of 17th November together with the draft Unilateral Undertaking approved as amended by you. I shall come back to you once I have taken instructions on it. With regard to the question of title, because we have now completed an Assent of the deceased's undivided share in the property, there will be first registration at the Land Registry. This ought, therefore, to deal with the three questions you have raised in your letter. Yours sincerely, eymour Pricketts "~ DISTRICT fjp,1!.Q!!!A1.!'L"IllK AllItlQBrrit[ [email protected] ALLOCATED :~!"1:'." ~5~ ~. C->,/.R L..-'" l DATE RECO Z7 NOV 2009 ACKNOW....L,.....;.. _l~ ,; REPLY: FtLE ALLOCATION: e6PIEl:It Partners: Manin Wragg Ll.B. (Managing Partner) Pricketts Practice Manager: Ellen Jackson Kendrick Newton Nichol~s J. Seymour Ll.B. (Senior Panner) Ingham & Wainwright lTicketts Alan Shackleton Bowdens Shipton & Tomlinson SRA No 57786 The Prickett Partnership Elizabeth [nee Offices at: Srockport and Buxkm Regulated by the Solicitors Regulation Authority Tel: 01629816200 Fax: 01629816310 E mai t: [email protected] Web: www.peakdistrict.gov.uk Minicom: 01629 816319 Aldem House. Baslow Road. Bakewell. Derbyshire. DE45 IAE NATIONAL PARK AUTHORITY- Your ref: NJSfTCIWIL871/3 Pricketts Solicitors Ourre': LT/Green Farm 30 Great Underbank Date: 24 November 2009 Stockport SK1 1NB Dear Mr Seymour Proposed Planning Agreement - Green Farm, Earl Sterndale Application Number: NP/HPKl0609/0493 Further to my letter dated 17 November, I have now heard from the conservation officer regarding the proposed Schedule of Works, who has confirmed that there are some amendments which will be required to the Schedule. I will revert to you shortly with the proposed amendments. Yours sincerely Louckia Taylor Assistant Solicitor Legal Services :@"" Member of the Association of National Park Authorities Holder of Council of Europe Diploma '.' Chief Executive: Jim Dixon Chair: Narendra Bajaria CBE Deputy Chair: Trevor Bagshaw Working together for the Peak District National Park: A special environment A welcoming place at the heart of the nation -Vibrant communities and a thriving economy