Schedule of Planning Applications

Committee and Date Item Paper

Area Regulatory Committee - Central - 25th June 2009 5 A

Public

SCHEDULE OF PLANNING APPLICATIONS

Background Papers:

For each application for planning permission, the background papers consist of the Development Management application file number referred to.

Page 1 of 34 INDEX

Application Proposal Address Page Recommend Number

1. 09/00127/FUL Erectionof a general Stone House 3 Approve purpose agricultural Farm building. Ruckley Acton Burnell

2. 09/00413/FUL Erection of a 3/4 Former 12 Refuse storey building to Radbrook provide a 69 Hall Hotel bedroom care home Site with associated car Radbrook parking and Road landscaping. Shrewsbury

3. 09/00490/FUL Change of use of 2m Land To The 17 Approve wide strip of land Rear Of across existing Newent landscaped public Close amenity area to Shrewsbury provide private pedestrian and equestrian access.

4. 09/00602/OUT Outline application 4 Carnforth 22 Approve for the erection of Close two dwellings to Shrewsbury include access and Shropshire layout.

5. 09/00651/FUL Application under Land At Well 29 Approve Section 73A of the Lane Hopton Town and Country Nesscliffe Planning Act 1990 for the construction and part retention of an agricultural access and track road (retrospective).

Page 2 of 34 Application No. 1

Development Management Report

Application Number: 09/00127/FUL Parish: Ruckley And Langley

Grid Ref: 353123 - 299895

Proposal: Erection of a general purpose agricultural building

Site Address: Stone House Farm Ruckley Acton Burnell Shrewsbury Shropshire

Applicant: Mr Alfred Murray

Case Officer: Mr Steve Drury email: [email protected]

1.0 THE PROPOSAL 1.1 This proposal is for the erection of an agricultural storage building on land at Stone House Farm, Shrewsbury. The building will measure a floor area of 446 square metres consisting of a length of 24.5 metres and a breadth of 18.2 metres. It will rise to a height of 6.1 metres to the eaves and 8.65 metres to the roof ridge. The building will be steel framed and will contain 3 metre high concrete panels in the sides with green box profile sheeting above. The roof will be covered in fibre cement sheeting in an Anthracite Grey colour. A concrete apron will be provided in front of the building. The building will be located in the North East corner of the site.

1.2 The proposal is further to an application for a similar agricultural storage building made under the prior notification procedure under reference 08/1475/AGR which was refused following concerns that the size, siting and design of the building would have a detrimental impact upon the appearance of the open countryside and special character of the Shropshire Hills Area Of Outstanding Natural Beauty.

2.0 SITE LOCATION/DESCRIPTION 2.1 The application site is located in the North East corner of a field belonging to Stone House Farm, which is situated to the South West of the settlement of Ruckley. The site is located approximately 100 metres due South West of the nearest residential properties, West Farm and Stone House Farm itself. Properties in Ruckley are mostly constructed of local stone which contributes to the character of settlement.

2.2 The site is located in the open countryside and as such consists of agricultural fields surrounded by native hedgerows, interspersed with a number of mature trees. The proposed building will be located 10 metres from hedgerows forming the North West and 15 metres from the North East field boundaries. A narrow track runs along the North West and North East of the side, adjoining the main highway adjacent the North East corner of the site. An existing gated access is located in this corner which will be widened and improved as part of the proposal in order to provide access to the site.

Page 3 of 34 2.3 As a result of the contour of the land, which slopes upwards in a Southerly direction, the application site occupies an extremely prominent position to the South of Ruckley. Views of the site are possible from the settlement and its approach to the North.

2.4 The site is located on the perimeter of the Shropshire Hills Area of Outstanding Natural Beauty.

3.0 RECOMMENDATIONS 3.1 It is recommended that the application is approved subject to conditions.

4.0 REASON FOR COMMITTEE 4.1 Letter of objection received from Parish Council and the recommendation is to approve.

5.0 RELEVANT PLANNING HISTORY 5.1 08/1475/AGR - Erection of a general purpose agricultural building – Prior approval required and refused – 28th January 2009.

6.0 CONSULTEE RESPONSES 6.1 Parish Council object for the following reasons: -

- The proposed development would be intrusive and would have considerable impact upon the landscape and skyline. - The visual amenities of some residents and visitors would be lessened. - An alternative site appears to be available 500 hundred yards away. - Is the proposed building necessary given the scale of farming? - Impact upon AONB.

7.0 PUBLIC REPRESENTATIONS 7.1 Letters of objection received from four local households citing the following concerns: -

- Totally unsuitable for development of any kind because of its status, proximity and visibility from neighbouring settlements and rights of way. - Proposed development cannot be justified in agricultural terms. - Site most unsuitable given proximity to neighbouring properties. - Need for external lighting not proven. - The size and scale of the building are out of proportion with agricultural need. - The building would increase traffic and cause increased pollution from noise, smell and light. - Detrimental impact upon the adjacent right of way and those using it. - Design out of keeping with traditional stone/brick buildings in Ruckley. - Already 2 redundant agricultural buildings in Ruckley which could be utilised without the need for further needless development.

8.0 PLANNING POLICY 8.1 Central Government Guidance: PPS 7 : Sustainable Development In Rural Areas

Page 4 of 34 8.2 West Midlands Regional Spatial Strategy Policies: QE6 : The Conservation, Enhancement And Restoration Of The Region’s Landscape

8.3 Shrewsbury & Atcham Borough Local Plan: GP1 – General Requirements For Development LNC3 – Development In The Countryside LNC9 – Shropshire Hills Area Of Outstanding Natural Beauty

9.0 THE MAIN PLANNING ISSUES It is considered that the main issues relevant to this application are as follows: -  Justification of need for building  Size, siting and design  Impact upon residential amenity  Impact upon character of countryside and AONB  Access

10.0 OFFICER APPRAISAL The principle of the erection of an agricultural storage building on agricultural land is acceptable, subject to a consideration of the issues listed below.

10.1 Justification Of Need

10.1.1 The first issue concerns the case put forward by the applicant in terms of the actual requirement for the building proposed.

10.1.2 The applicant states that the building is for general purpose storage connected to his arable and beef enterprises. The applicant has purchased 50.36 acres, divided into 3 enclosures, however, no buildings are located on the land. The proposed building would therefore provide storage for grain, straw and hay harvested from the site in addition to machinery used on the site and inputs including fertiliser. There is also the intention that the building will also provide accommodation for cattle. The farming enterprises taking place at the site will be mixed, including an arable enterprise producing approximately 150 tonnes of cereals per annum, in addition to approximately 50 tonnes of straw. The applicant intends to carry out most of his own arable operations and has already purchased a 4 wheel drive tractor, fertiliser spreader and round baler and also intends to purchase trailers and cultivation machinery which will require storage.

Page 5 of 34 10.1.3 Reading Agricultural Consultants on behalf of the Council have independently assessed the justification put forward by the applicant. The proposal includes provision to split the building into two, consisting of secure and non-secure halves. With regard to the secure storage area, R.A.C comment that 150 tonnes of wheat, heaped to 3 metres in height would require a storage area of approximately 80 cubic metres. In addition, R.A.C estimate that considering the machinery at the applicants disposal, an area of 80 square metres would be required for its storage with a further 40 square metres for manoeuvring. The remaining 20 square metres in this half of the building would allow for the storage of fertiliser and tools. R.A.C therefore conclude that a secure storage area of the size proposed is reasonably necessary for the functioning of the holding.

10.1.4 With regard to the non secure section, R.A.C suggest that if stacked to 5 metres high, the straw and hay to be stored in the building would require 130 cubic metres of storage area. It is also advised that the applicant intends to keep 25 suckler cows which R.A.C advise would require some 200 square metres of housing space, as set out in BS5502: Part 40: 1990 ‘Buildings and Structures For Agriculture’. Allowing for space between the cattle and bales and some space for manoeuvring, it would appear that the proposed ‘livestock’ half of the building is an appropriate size for the intensions of the applicant.

10.1.5 It is therefore considered that all of the storage area available within the proposed development would be required to satisfy the functional needs of the agricultural business.

10.2 Size, Siting and Design

10.2.1 The proposed building will measure 24.5 metres by 18.2 metres and will cover a floor area of 446 square metres. It will rise to a height of 6.1 metres to the eaves and 8.65 metres to the ridge. The applicant has also stated that the height of the building is required to allow sufficient clearance for lorries to tip grain within the building and therefore cannot be reduced. The building will be cut into the land to reduce its height and prominence.

10.2.2 The building will be sited in the North West corner of the site, set back from the highway and in the lowest part of the field, in order to reduce its prominence within the locality. Alternative sites were discussed with officers during pre-application meetings, but were dismissed due to concerns over their more isolated, elevated and prominent positions. The applicant’s land rises gradually to the South West of Ruckley, and any buildings erected towards the more elevated, Southern section of the land would be visible from some distance to the North and East. In addition, the siting of the building in the vicinity of existing buildings within Ruckley will ensure that the character of the open countryside and Area Of Outstanding Natural Beauty is preserved. In spite of the proximity to the settlement, it is felt that sufficient distance would remain to ensure that the character and setting of the village would not be detrimentally affected by the proposal.

Page 6 of 34 10.2.3 The building will be of standard modern agricultural design and will therefore be steel framed, incorporating concrete panels with box profile sheeting in the sides. The sheeting will be coloured Juniper Green and will therefore blend in with the surrounding countryside. The Fibre Cement sheeting in Antracite Grey colouring is also considered an appropriate material for the roof.

10.2.4 A concrete apron will be provided in front of the building for manoeuvring and parking of machinery. This will be surrounded by a stockproof fence and if necessary will include the planting of a native hedge to help soften the development from the South and South East. The applicant proposes to plant native species including Oak, Ash, Birch, and Scots Pine at two locations to be agreed which will also soften the appearance of the development, in addition to the existing hedgerows to the side and rear of the building.

10.3 Impact upon residential amenity

10.3.1 The siting of the building has been selected to remain within the vicinity of existing buildings in the locality. The nearest building is an existing agricultural building located across the highway. The nearest dwellings are Stone House Farm which is located 100 metres to the East and West Farm located 100 metres to the North. Whilst the development will be clearly visible from both properties, screening in the form of trees and hedgerows does exist, in addition to additional planting to be provided by the applicant. Of particular concern to neighbours is the loss of view which will result, however, this is not a planning matter and cannot be taken into consideration as part of this application. Activities likely to take place at the building will be agricultural in nature and not unreasonable in a rural location. It is therefore felt that at a distance of 100 metres, it is unlikely that the residential amenity of the owners would be affected at an unacceptable level. This aspect of the proposal therefore complies with Policy GP1 of the Borough Local Plan.

10.3.2 The applicant intends to provide two external lights on the building, however, no details have been included with the application. Although the agent has clarified that the lighting would only be used when the applicant is working on site, officers still maintain concerns that such lighting could be harmful to the amenity of neighbours and the rural character of the countryside. Officers will therefore carefully control any external lighting to be provided and details will be requested as a condition of any planning permission.

10.4 Impact upon Character of Countryside and AONB As discussed in Section 10.2.2 of this report, the siting of the building has been selected to reduce the impact upon the character of the open countryside and the Shropshire Hills Area Of Outstanding Natural Beauty. The building will be situated at the lowest point of the site, set back from the highway but will remain within the vicinity of the settlement of Ruckley. As such, the building is considered to be as discreetly sited as is possible within the applicants land. The building materials selected will also help to blend the building in with the surrounding landscape. The proposal is therefore considered to accord with Policies LNC3 and LNC9 of the Borough Local Plan.

Page 7 of 34 10.5 Access The site will be accessed via an existing gate located in the North East boundary, adjacent the junction between the bridleway and the main highway. This will need to be widened an details will be requested as condition of the planning permission. It is considered that traffic generated by the proposal could be accommodated by the surrounding highway network and therefore accords with Policy GP1 of the Borough Local Plan.

11.0 CONCLUSION 11.1 The applicant wishes to erect a general purpose building for the storage of grain, straw and hay, machinery, inputs and potentially to house cattle. The building is considered to be large, however, the justification for such a building has been accepted by Reading Agricultural Consultants. Furthermore, the proposed activities to be carried out at the building are considered appropriate for an agricultural site in a rural location. The building proposed has been sited in as inconspicuous a location as is available to the applicant and has been designed to incorporate materials which will harmonise with the surrounding landscape. The building will also be cut into the land to reduce its height and prominence and additional landscaping can be provided. The building will be sited a sufficient distance from nearby properties and will not be harmful to the residential amenity of neighbouring residents. The siting of the building will not be harmful to the character of the open countryside or the setting and character of the Area Of Outstanding Natural Beauty. Access can be provided through an existing gateway where visibility is good.

11.2 Having regard to the above considerations, it is recommended that the application is approved.

LIST OF BACKGROUND PAPERS: HUMAN RIGHTS Article 8 give the right to respect for private and family life and First Protocol Article 1 allows for the peaceful enjoyment of possessions. These have to be balanced against the rights and freedoms of others and the orderly development of the County in the interests of the Community.

First Protocol Article 1 requires that the desires of landowners must be balanced against the impact of development upon nationally important features and the impact on residents.

This legislation has been taken into account in arriving at the above recommendation.

Environmental Appraisal Included within report

Risk Management Appraisal Not applicable

Community / Consultations Appraisal Included within report

Page 8 of 34 Member Champion None

Local Member Cllr T Barker

Appendices None

Reason for Approval

The proposed development would not be harmful to the amenities of nearby residents and would preserve the character and appearance of the open countryside and the Shropshire Hills Area Of Outstanding Natural Beauty. In determining this application the Local Planning Authority gave consideration to the following policies: -

Central Government Guidance: PPS 7 : Sustainable Development In Rural Areas

West Midlands Regional Spatial Strategy Policies: QE6 : The Conservation, Enhancement And Restoration Of The Region’s Landscape

Shrewsbury & Atcham Borough Local Plan: GP1 – General Requirements For Development LNC3 – Development In The Countryside LNC9 – Shropshire Hills Area Of Outstanding Natural Beauty

Conditions

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 91(1) of the Town and Country Planning Act, 1990 (As amended).

2. The development shall be carried out strictly in accordance with the approved plans and drawings.

Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans and details.

3. The external materials and their colour shall be as shown on the deposited plan, no alterations shall be made to these materials or colour without the express consent in writing of the Local Planning Authority.

Reason: To ensure that the proposed development shall harmonise with surrounding development.

Page 9 of 34 4. No development approved by this permission shall commence until there has been submitted to and approved by the local planning authority a scheme of landscaping and these works shall be carried out as approved. The submitted scheme shall include:

Means of enclosure Hard surfacing materials Planting plans Written specifications (including cultivation and other operations associated with plant and grass establishment) Schedules of plants, noting species, planting sizes and proposed numbers/densities where appropriate Implementation timetables

Reason: To ensure the provision of amenity afforded by appropriate landscape design.

5. All hard and soft landscape works shall be carried out in accordance with the approved details and to a reasonable standard in accordance with the relevant recommendations of appropriate British Standard 4428:1989. The works shall be carried out prior to the occupation of any part of the development or in accordance with the timetable agreed with the Local Planning Authority. Any trees or plants that, within a period of five years after planting, are removed, due or become, in the opinion of the Local Planning Authority, seriously damaged or defective, shall be replaced with others of species, size and number as originally approved, by the end of the first available planting season.

Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs.

6. No development shall take place until details of the means of access, including the layout, construction and sightlines, have been submitted to and approved by the Local Planning Authority. The agreed details shall be fully implemented before the use hereby approved is commenced or the building(s) occupied.

Reason: To ensure a satisfactory means of access to the highway.

7. Prior to installation, precise details of any external lighting to be erected on any parts of the building hereby approved shall be submitted to and approved in writing by the Local Planning Authority, and shall be installed and permanently retained as such unless otherwise agreed in writing with the Local Planning Authority.

Reason: In the interests of visual amenity.

Page 11 of 34 Application No. 2

Development Management Report

Application Number: 09/00413/FUL Parish: Shrewsbury

Grid Ref: 347366 - 311956

Proposal: Erection of a 3/4 storey building to provide a 69 bedroom care home with associated car parking and landscaping

Site Address: Former Radbrook Hall Hotel Site Radbrook Road Shrewsbury Shropshire SY3 9BQ

Applicant: Mr R Gilbert

Case Officer: Mr John Bentley email: [email protected]

1.0 THE PROPOSAL 1.1 Planning permission (06/0333/F) was granted for 55 residential apartments and 5 detached dwellings on this and the adjoining area in 2006. The apartment blocks have now been constructed. An application was made (08/1547/F) to replace the 5 detached dwellings granted with a 3 / 4 storey, 69 bed care home in 2008, but this application was later withdrawn, following concerns expressed about its design and impact. A revised application has now been made for the care home, which has slightly different design details compared to the withdrawn application, but is still for the same 69 bedrooms and is of similar size and shape / footprint.

2.0 SITE LOCATION/DESCRIPTION 2.1 The site is situated off Radbrook Road, in a predominantly residential area, although the Radbrook College premises are immediately to the south. Otherwise, the adjoining land uses are residential. The site is now bordered to the East by the newly constructed three-storey apartments, which would share the access road.

2.2 To the West, and immediately adjacent to the proposed development, there are groups of mature trees. To the North is a housing estate development, which is at a lower level than the application site.

3.0 RECOMMENDATIONS 3.1 Refuse planning permission.

4.0 REASON FOR COMMITTEE 4.1 More than six objections.

5.0 RELEVANT PLANNING HISTORY 5.1 08/1547/F Application for 69 bed care home withdrawn 2008. 06/0333/F Permission granted for 55 apartments and 5 detached dwellings, with associated access and parking.

Page 12 of 34 6.0 CONSULTEE RESPONSES 6.1 Highways – require further information on parking and delivery. Waste Management Officer – minor suggested clarifications and amendments to waste proposals.

7.0 PUBLIC REPRESENTATIONS 7.1 Around 200 letters of objection. The reasons for objection are: scale of development; inadequate parking and access and internal carriageway width; likely to lead to on-street parking; houses more appropriate on the site than large care home; cramped / over-development; height of building; impact on neighbouring homes, including overshadowing, disturbance and noise; safety of pedestrians; impact on trees – likely loss or damage; no drop-off place provided; narrow internal road and lack of passing places; inappropriate use; poorly located in relation to shops / facilities; barrack-block appearance inappropriate in this location, will dwarf adjoining housing / out-of-keeping; lack of amenity space for residents of development; visual impact; insufficient info supplied on staffing levels, parking and traffic; lack of details of external areas and site levels; impact on wildlife, lack of bat survey; inadequate waste facilities; concern about nature of future occupants of (secure) development and compatibility with character of neighbourhood.

8.0 PLANNING POLICY 8.1 Central Government Guidance: PPS1 (Sustainable development)

8.2 Shrewsbury and Atcham Local Plan: GP1 (General development); HS11 (Nursing homes); LNC10 (Trees and Woodland): INF18 (New community facilities); T14 (Parking standards).

9.0 THE MAIN PLANNING ISSUES  Principle of development on this site  Design, scale & character  Impact on adjacent residential amenity  Traffic, access and parking Environmental impact, including impact on trees.

10.0 OFFICER APPRAISAL

10.1 Principle of Development 10.1.1 The proposal is within the urban area of Shrewsbury. The area is predominantly residential, although the site was previously a hotel and there is a college campus across the road. In principle there is no objection to residential care facilities on this site. There is also a need for care facilities in Shrewsbury / central Shropshire. The previous application was withdrawn after officers expressed concern about a number of detailed aspects, including scale of development, parking, tree impact, overlooking and residential impact. It is apparent that the revised submitted proposals are very similar to those previously submitted and some concerns have not been addressed by the applicant.

Page 13 of 34 10.2 Design, Scale and Character 10.2.1 The site was originally approved for five detached dwellings, in a ‘parkland’ setting, among the trees. The proposed development of a 3 storey residential care building (with a 4th basement floor on the North West elevation) is very different from this. The proposed building is ‘T’ shaped, fitting within the trees. The appearance would be similar to the adjoining apartments in terms of height, except that the proposed block is large and continuous, unlike the several, individual apartment blocks. There is limited space around the building and the site appears very cramped and overdeveloped. The proposal does not offer a particularly attractive environment for residents and detracts from the character of the area.

10.2.2 Overall, the large, unrelieved, and tall building block design appears rather alien to the character of the surrounding area, which is made up of individual houses or individual apartment blocks.

10.3 Impact on neighbours/residential amenity 10.3.1 The main impacts of the development would fall on the recently constructed apartments to the East and on the residential estates to the North and West. The applicants have been asked for cross sectional details showing the proposal in the context of adjoining dwellings, to enable impacts to be better assessed, but they have not provided this. There would be a degree of looking across into each others’ windows, between the proposed building and the existing apartment blocks, the distance between being around 26 metres. The land falls away to the North-West and the building would appear to tower over the houses and gardens on the residential estate to the North West. There would also be limited overlooking to the West. It has to be born in mind that the majority of the windows in the new development will be bedrooms, which increases the privacy and overlooking concerns.

10.3.2 The applicant’s state that the site would be fenced for security, but there are no details of the position and appearance of this. A smoking shelter (to the rear of the main building) and garden store are located in the grounds, together with hardstanding areas. It is not considered that use of these external areas would impact on neighbours to any extent.

10.4 Environmental Impact / Impact on Trees 10.4.1 The development as proposed would have an impact on the surrounding, mainly mature, trees, which are within 5-6m of the development. The trees are protected. The applicant has been asked to address the concerns put to them by officers and to supply further details, but no reply has been received. The immediate threat to the trees from building has to be considered, and in addition, it is likely that the very close proximity of the trees to the building would lead to requests over time for their removal to provide more light and openness.

10.5 Traffic, Parking and Access 10.5.1 The development would share a common access to Radbrook Road, with the existing apartments. Twenty parking spaces are provided, including 4 disabled spaces. The applicant has been asked to clarify the type of care and staffing levels, as this affects the parking levels required, and the absence of delivery areas. The requested information has not been received from the applicant, however.

Page 14 of 34 10.5.2 Highways consider that the access to the site is acceptable, to serve the development and the existing apartments. It is also possible that the 30mph limit will be extended in this area, which would further ease the traffic situation.

11.0 CONCLUSION 11.1 The development is considered to be unacceptable in terms of its impact on the surrounding trees and on residential amenity and it is considered to be overdevelopment, out of character with the surrounding area. There are also concerns about parking provision and the applicant has failed to produce any additional information and proposals, which would help meet concerns and mitigate the impact of the development.

LIST OF BACKGROUND PAPERS:

HUMAN RIGHTS

Article 8 give the right to respect for private and family life and First Protocol Article 1 allows for the peaceful enjoyment of possessions. These have to be balanced against the rights and freedoms of others and the orderly development of the County in the interests of the Community.

First Protocol Article 1 requires that the desires of landowners must be balanced against the impact of development upon nationally important features and the impact on residents.

This legislation has been taken into account in arriving at the above recommendation.

Environmental Appraisal In report Risk Management Appraisal N/A Community / Consultations Appraisal In report Member Champion N/A Local Member Cllr P. Nutting Appendices None

Reason for refusal

1. The development represents an overdevelopment of the site and it would have a detrimental impact on the character and appearance of the area, would adversely impact on local residential amenity and privacy and would prejudice the retention of trees. In addition there would be a poor level and quality of amenity space around the home for residents. As such the proposal is contrary to Saved Policies GP1, HS11 and LNC10 of the Shrewsbury and Atcham Borough Local Plan (2001).

Page 15 of 34 2. The Council are not satisfied from the submitted information that the provision for parking and servicing is satisfactory to meet the needs of the development, without impact on highway safety and local amenity. As such the proposal is contrary to Saved Policy GP1 of the Shrewsbury and Atcham Borough Local Plan (2001).

Page 16 of 34 Application No. 3

Development Management Report

Application Number: 09/00490/FUL Parish: Shrewsbury

Grid Ref: 350450 - 313943

Proposal: Change of use of 2m wide strip of land across existing landscaped public amenity area to provide private pedestrian and equestrian access.

Site Address: Land To The Rear Of Newent Close Shrewsbury Shropshire SY1 2UJ

Applicant: Mrs Sharon Price

Case Officer: Mr John Bentley email: [email protected]

1.0 THE PROPOSAL 1.1 The site is a landscaped amenity area at the end of the Newent Close cul-de-sac. It has been maintained (along with other open spaces on the estate) by Shrewsbury and Atcham Borough Council and, now, the Town Council, for over 20 years. The land is not owned by the local authority, however. Like some other areas on this estate, the land was not legally transferred to the Council. Steps are being taken to try to register the land in the name of the Town Council.

The applicant is seeking to establish formal pedestrian / equestrian access 1.2 across the site to the fields she owns to the rear of the cul-de-sac, which are used for grazing. The access would also give entrance to her extended rear garden area. Originally access to the field (including for vehicles) was also available via Warrenby Close to the North, but this land is now being developed with three dwellings and cannot be used as an access.

The applicant had recently sought certificates of lawfulness of existing use across the site for, firstly, general access (including vehicles) and, secondly, pedestrian 1.3 and equestrian access only. Both these applications were withdrawn (the former being an undetermined appeal after a delegated refusal from the Council) following discussions. Council officers did not consider the criteria for a certificate of lawfulness had been met, as this requires the applicant to demonstrate continued use for access for ten years.

It was considered that the matter would best be dealt with by submitting a planning application for the access, as this would enable the matter to be considered on its planning merits, without the need to refer to the legal history. 1.4 Planning permission is required because a change of use is involved. Planning conditions can also be attached to a permission that will give the Council proper control over the use of the access.

Page 17 of 34 2.0 SITE LOCATION/DESCRIPTION 2.1 The site is a piece of land at the end of the cul-de-sac, which is an area of amenity land, now maintained by Shrewsbury Town Council. The proposed access is across the existing paving slabs from the edge of the road to the gate in the hedgerow.

3.0 RECOMMENDATIONS Grant permission with conditions.

4.0 REASON FOR COMMITTEE 4.1 Objections received from Town Council. Recommendation is approval.

5.0 RELEVANT PLANNING HISTORY 5.1 08/0369/O and 08/1428/RM – planning permission granted on appeal (outline) in 2008/9 for extension of garden and construction of residential annex to rear of 14 Newent Close.

5.2 08/1361/CLE Application for certificate of lawfulness for access (same area as current planning application) across land. Refused 2009 (appeal made and then withdrawn).

5.3 09/00107/CPE Application for certificate of lawfulness for pedestrian access across land (same area as current planning application). Withdrawn 2009.

6.0 CONSULTEE RESPONSES 6.1 Shrewsbury TC object:-  Damage to open space / open site should be preserved  Additional activity affects residents  Potential damage to planted area  No parking provided / will obstruct access

7.0 PUBLIC REPRESENTATIONS 7.1 None

8.0 PLANNING POLICY 8.1 Central Government Guidance: N/A

8.2 West Midlands Regional Spatial Strategy Policies: QE4 (Greenspace).

8.3 Shrewsbury & Atcham Local Plan: GP1 (General development).

9.0 THE MAIN PLANNING ISSUES  Impact on neighbouring residential amenity  Impact on open space / amenity area

10.0 OFFICER APPRAISAL 10.1 Principle of Development / Background

10.1.1 The main planning issues are the impact of the proposed access on the amenity of adjoining residents and the impact on the landscaped amenity area. In

Page 18 of 34 principle there would not be an objection to access for pedestrians and horses across the land, provided there is no adverse impact.

10.2 Impact on open space / amenity area 10.2.1 The access would be for pedestrians and horses only, and not for vehicles. There would be no physical change to the site, as there are already paving slabs leading across the site to the field entrance. There is already a gate in the hedgerow, which was installed within the last six months (planning permission for this is not required). It appears the paving slabs were installed many years ago, and similar paving slabs are present on some of the other cul-de-sacs: these provide access to homes for adjoining residents and also for maintenance of the open space. The character and appearance of the site would not be altered, therefore.

10.3 Impact on neighbours / residential amenity 10.3.1 As access is for pedestrians and horses only, there is not considered to be any adverse impact on neighbours. It is likely the use of the path would not be frequent and is for private use only. The applicant has stated that the access / adjoining field would be used by family and friends only and is not used commercially. Generally the access would only be used once or twice a day, as this is the frequency for feeding horses. The applicant states that she is already using the access to the field via the gate she installed. Parking would generally take place in the private parking space owned by the applicant at 14 Newent Close, but with the level of use proposed it is not considered that the activities would create problems for parking and access by other residents.. The permission would need to be conditioned to allow private use for pedestrians and horses only, and no vehicle access.

11.0 CONCLUSION 11.1 The proposal is acceptable in principle and would not have an adverse impact on residential amenity or the quality of the open space area. It is proposed that permission be strictly conditioned to prevent use by vehicles and to limit the use to personal and non-commercial use by the applicant, and this would give the Council planning control over the use of the access..

LIST OF BACKGROUND PAPERS HUMAN RIGHTS

First Protocol Article 1 requires that the desires of landowners must be balanced against the impact of development upon nationally important features and the impact on residents.

This legislation has been taken into account in arriving at the above recommendation.

Environmental Appraisal See above

Page 19 of 34 Risk Management Appraisal N/A Community / Consultations Appraisal See above Member Champion N/A Local Member Cllr A. Mosley Appendices None

Reason for Approval

The proposal would not have an adverse impact on residential amenity or the quality of the open space area. In determining the application the local planning authority has given consideration to the following policies: West Midlands Regional Spatial Strategy Policies: QE4 (Greenery, Urban Greenspace and Public Spaces) and Shrewsbury & Atcham Borough Local Plan: GP1 (General development).

Conditions

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 91(1) of the Town and Country Planning Act, 1990 (As amended).

2. The development shall be carried out strictly in accordance with the deposited plans received 21st April 2009.

Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans and details.

3. The permission shall enure for the benefit of Mrs S. Price and for no other person, and the use shall only be for private and personal use, unless otherwise agreed in writing by the local planning authority.

Reason: The permission is granted exceptionally and only in view of the personal circumstances of the applicant.

4. The access hereby permitted shall be for use for access by pedestrians and horses only, and shall not be used for access by vehicles of any type, nor shall it be used for parking of vehicles, unless otherwise agreed in writing by the local planning authority. Vehicles in this condition includes motor vehicles, motor cycles and horse drawn vehicles.

Reason: in order to protect residential amenity and the quality of the amenity open space.

Page 20 of 34 5. The route of the path will not exceed 2m metres in width and shall follow the line of the paving slabs on the site and no shrubs or trees on the site shall be trimmed, lopped or removed without the prior written approval of the local planning authority.

Reason: in order to protect residential amenity and the quality of the amenity open space.

Page 21 of 34 Application No. 4

Development Management Report

Application Number: 09/00602/OUT Parish: Shrewsbury

Grid Ref: 348151 - 310139

Proposal: Outline application for the erection of two dwellings to include access and layout

Site Address: 4 Carnforth Close Shrewsbury Shropshire SY3 9QW

Applicant: Shropshire Homes Ltd

Case Officer: Mr John Bentley email: [email protected]

1.0 THE PROPOSAL 1.1 This outline application is seeking planning permission for the erection of two detached single storey dwellings on a corner plot within Carnforth Close following the demolition of the existing bungalow.

1.2 The scheme is a nearly identical resubmission of a previous application (09/0102/O) for two dwellings, refused by the former Development Control Committee of Shrewsbury and Atcham BC on 25th March. The scheme, as previously, proposes a new access diagonally through the site from Carnforth Close, which could provide access to an area of land at the rear of the site, which was previously the subject of a planning application for the erection of 5 dwellings (08/1368/F). The scheme for 5 dwellings was recommended for approval by officers, but refused by members on 8th January 2009 and is currently going thorough the appeal process (this scheme retained the existing bungalow).

This application is seeking approval for the access and layout of two single storey dwellings. Appearance, scale and landscaping would be the subject of a 1.3 reserved matters application.

The existing property currently occupies a relatively central location within the site in a large plot at the end of Carnforth Close. The scheme proposes the 1.4 demolition of the existing bungalow and replacement of it with two single storey dwellings - one along the north western side boundary and the other along the southern boundary of the site. Each dwelling would be served by a detached double garage from the extended access road through the site.

The scheme differs from the previously refused application 09/0102/O in that it proposes a landscaped buffer zone, a feature entrance brickwall and a traffic calming chicane adjoining Carnforth Close and 2 metre high accoustic fences on the

Page 22 of 34 1.5 southern and western boundaries. This is an attempt by the applicant to overcome the Committee’s previous reason for refusal, which was:- ‘The proposed access and additional traffic would result in noise and disturbance and an unacceptable impact on the residential amenity of surrounding residential properties contrary to Borough Local Plan Policies GP1 and HS2’.

2.0 SITE LOCATION/DESCRIPTION 2.1 The site is currently the site of a single bungalow and garden at the end of Carnforth Close, Meole Brace.

3.0 RECOMMENDATIONS Recommended for approval subject to conditions set out in this report.

4.0 REASON FOR COMMITTEE 4.1 Shrewsbury Town Council and Councillor objection / more than 6 objections

5.0 RELEVANT PLANNING HISTORY 5.1 08/1368/F - Erection of 5 detached houses and 1 detached garages and creation of new access onto Carnforth Close (amended description). Refused Jan 2009. Currently at appeal. 09/0102/O - Outline application for the erection of 2 bungalows and 2 detached garages and new access road following demolition of existing bungalow to include access and layout. Refused March 2009.

6.0 CONSULTEE RESPONSES 6.1 Highways - No objection. Recommend condition is attached regarding suitable provision of a footway. Shrewsbury TC – additional traffic / disturbance and noise / impact on surrounding properties 7.0 PUBLIC REPRESENTATIONS 7.1 Objections from 9 households received, summarised as follows:  noise / disturbance / impact on neighbours (as previous refusal);  cramped / out of keeping with existing development;  proposed acoustic fencing a traffic hazard / would restrict visibility;  object to backland development being opened-up behind site;  removal of trees / impact on privacy resulting;  impact on sewerage capacity;  impact on wildlife;  access road tortuous and dangerous;  access should be from Fieldhouse Drive side to backland, not Carnforth Close;  conflict with Development Plan objectives for better environment;  question right of applicant to make repeated applications.

Councillor Mike Owen – objection: supports the previous reason for refusal (1.5 above).

Page 23 of 34 8.0 PLANNING POLICY 8.1 Central Government Guidance: PPS1 (Delivering Sustainable Development), PPS3 (Housing)

8.2 West Midlands Regional Spatial Strategy Policies: RPG11

8.3 Shrewsbury & Atcham Local Plan: GP1 (General Requirements for Development, HS2 (Residential Development in Shrewsbury on Unallocated Sites).

9.0 THE MAIN PLANNING ISSUES  Principle of development on the site  Impact on adjoining residential development

10.0 OFFICER APPRAISAL 10.1 Principle of Development

10.1.1 The site is within the built-up area of Shrewsbury and given the residential nature of the surrounding area is acceptable for residential development in principle, under Policy HS2. National Policy Guidance PPS3 recognises the need to make use of existing urban land for new housing. The applicant acknowledges a longer term aim of providing access for 5 new dwellings on land to the rear (this site is currently subject to an appeal), but this is not part of the current application.

10.1.2 As members are aware, each application is to be decided on its own merits, however, in this case the previously refused application for the erection of 5 dwellings is currently at appeal and if allowed, would be served from the access proposal now before the committee. If the appeal were to be dismissed by the Planning Inspectorate, the applicant would presumably have to reassess his proposals for this and the adjacent site.

10.1.3 It is considered that the likely number of traffic movements associated with a residential development of 5 dwelling would be likely to result in an additional two vehicle movements an hour. This level of increase can be accommodated within the existing highway infrastructure without causing detrimental harm to highway and pedestrian safety. It should be noted that the highways advice is that there is no objection to the scheme and the application meets the requirements of Policy GP1 in this respect.

10.2 Design, Scale and Character 10.2.1 The application is in outline only showing the means of access through the site and proposed siting of two new dwellings. Supporting information states that both properties would be single storey in keeping with surrounding properties, and would be constructed at an angle to the proposed access road so as to avoid potential disturbance from traffic using the road - for example traffic movements and car headlights during evening hours. Officers are satisfied that the scheme would provide an adequate level of amenity space provision at both the front and rear of each dwelling. Full details can be adequately controlled through subsequent submission of a reserved matters application.

Page 24 of 34 10.3 Highways and Access 10.3.1 Carnforth Close is an adopted road 4.8m wide with footpaths on either side. The proposed access would narrow through the site to 4m with a pinch point at the western corner to act as a traffic calming measure to maintain the low traffic speed exhibited on Carnforth Close. A detached double garage would serve each property with parking in front to accommodate two additional vehicles.

10.3.2 Highways are satisfied that the public highway has the capacity to accommodate the likely traffic generation created by two dwellings on this site and this was also their view when considering the previously refused application to the rear of the site. It has been recommended that a condition be attached to ensure that the footway crossing is reconstructed to a higher standard to accommodate extra traffic movements.

10.4 Impact on neighbours/residential amenity 10.4.1 No. 4 is situated on a corner plot at the end of Carnforth Close. The attached side garage serving no. 5 would provide a physical barrier between the application site and the neighbouring property. This is not the case for the adjacent dwelling to the north west of the site (no. 3) with habitable rooms along the side boundary with no. 4. However both nos. 3 & 5 are set back from the road with front garden areas and would not be significantly affected by additional traffic movements likely to be generated by this proposal or the larger residential scheme at the rear of the site if approved. The proposed development is of bungalows and it is not considered there would be overlooking or privacy issues.

10.4.2 The applicant has also introduced 2m high acoustic timber fences on the western and southern boundaries to help overcome perceived impact on adjoining residents. The existing hedges are already in excess of this height.

10.5 Trees and Landscaping An Arboricultural Impact Assessment has been submitted and some trees will be removed. It is not considered by the Council’s tree officer that the trees on the site are of sufficient amenity to warrant a tree preservation order, but if the development is approved, a landscaping scheme would be required, which would include many existing trees for retention.

11.0 CONCLUSION 11.1 The site lies within the Shrewsbury urban area and is classified as previously developed land; there is therefore a presumption in favour of residential development on the site, subject to satisfactory environmental impact. It is not considered that the scheme would have an unacceptable impact on existing residents and the applicant has incorporated environmental safeguards into the scheme. There is a mixture of plot sizes within the wider area and Officers do not therefore consider the scheme to be out keeping with the character and appearance of the area sufficiently enough to warrant refusal of the scheme.

LIST OF BACKGROUND PAPERS HUMAN RIGHTS

Article 8 give the right to respect for private and family life and First Protocol Article 1 allows for the peaceful enjoyment of possessions. These have to be balanced

Page 25 of 34 against the rights and freedoms of others and the orderly development of the County in the interests of the Community.

First Protocol Article 1 requires that the desires of landowners must be balanced against the impact of development upon nationally important features and the impact on residents.

This legislation has been taken into account in arriving at the above recommendation.

Environmental Appraisal In report Risk Management Appraisal N/A Community / Consultations Appraisal In report Member Champion N/A Local Member Cllr M. Owen Appendices None

Reason for Approval

The siting of the proposed dwellings and associated access provision is considered to respect the context of the site, the visual amenities of the area and the living conditions of the neighbouring land users. In determining the Local Planning Authority gave consideration to the following policies: Central Government Guidance: PPS1 (Delivering Sustainable Development), PPS3 (Housing) West Midlands Regional Spatial Strategy Policies: RPG11 Shrewsbury & Atcham Local Plan: GP1 (General Requirements for Development, HS2 (Residential Development in Shrewsbury on Unallocated Sites).

Conditions

1. Details of the appearance, landscaping and scale (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

Reason: The application is an outline application under the provisions of Article 1(2) of the Town and Country Planning General Development (Procedure) Order 1995 and no particulars have been submitted with respect to the matters reserved in this permission.

2. Application for approval of reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission.

Page 26 of 34 Reason: This condition is required to be imposed by Section 92 of the Town and Country Planning Act, 1990.

3. The development hereby permitted shall begin before the expiration of two years from the date of approval of the last of the reserved matters to be approved.

Reason: This condition is required to be imposed by Section 92 of the Town and Country Planning Act, 1990.

4. Prior to the commencement of development details of the footway crossing construction shall be submitted to and approved in writing by the Local Planning Authority and these works shall be fully implemented prior to the dwellings being first occupied.

Reason: To ensure the formation and construction of a satisfactory access in the interests of highway safety.

5. All existing trees, shrubs and hedgerows within and bordering the site shall be protected, retained and maintained to the satisfaction of the local planning authority for the duration of any development works and for 5 years thereafter.

Reason: To safeguard the visual amenities of the area.

6. No ground clearance, demolition, or construction work shall commence until a scheme has been submitted to and approved in writing by the local planning authority to ensure no damage to any existing trees or hedgerows within or adjoining the site. The submitted scheme shall include the provision of chestnut pale or similar form of protective fencing to BS5837 : 1991 at least 1.25 metres high securely mounted on timber posts firmly driven into the ground has been erected around each tree/tree group or hedge to be preserved on the site or on immediately adjoining land. The fencing shall be located at least 1.00 metre beyond the line described by the furthest extent of the canopy of each tree/tree group or hedge. The approved scheme shall be retained on site for the duration of the construction works

Reason: To prevent trees or hedgerows on site from being damaged during building works.

7. No development shall take place until details for the parking of vehicles have been submitted to and approved by the Local Planning Authority. The approved scheme shall be laid out and surfaced prior to the first occupation of the development and thereafter be kept clear and maintained at all times for that purpose.

Reason: To avoid congestion in the surrounding area and to protect the amenities of the area.

8. No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: i. the parking of vehicles of site operatives and visitors ii. loading and unloading of plant and materials iii. storage of plant and materials used in constructing the development

Page 27 of 34 iv. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate v. wheel washing facilities vi. measures to control the emission of dust and dirt during construction vii. a scheme for recycling/disposing of waste resulting from demolition and construction works

Reason: To avoid congestion in the surrounding area and to protect the amenities of the area.

Page 28 of 34 Application No. 5

Development Management Report

Application Number: 09/00651/FUL Parish: Great Ness

Grid Ref: 338709 - 319978

Proposal: Application under Section 73A of the Town and Country Planning Act 1990 for the construction and part retention of an agricultural access and track road (retrospective)

Site Address: Land At Well Lane Hopton Nesscliffe Shrewsbury Shropshire

Applicant: Mr Edward Jones

Case Officer: Amy Mottram email: [email protected]

1.0 THE PROPOSAL 1.1 The application is seeking planning permission, part retrospectively, to retain and extend an existing agricultural track to serve an approved fodder store and animal shelter. The access would form a link from Well Lane to a yet to be constructed agricultural building located approx. 110m across the field in a southerly direction.

1.2 There is substantial planning history relating to the development proposed and the erection of the agricultural building it would serve. The track has been partially constructed, as shown on the submitted plans, but is yet to be completed. Access to the building from Hopton Lane was refused however, due to issues regarding elevated ground levels and visual impact concerns the application was refused – 08/0156/AGR in February 2008.

2.0 SITE LOCATION/DESCRIPTION 2.1 The existing track has been formed using a hardcore base and bituminous macadam surface and is defined by metal railings along the edge. The application forms state the access is required to the serve the approved, but not yet constructed, agricultural building 07/1587/AGR, which is required to provide storage for fodder and livestock. The foot print of the building would measure approx. 18m x 9m with open front and sides, vertical timber boarding to the rear elevation and slate blue corrugated roof sheeting. It would be constructed adjacent to the residential property Oakrill - owned by the applicant.

2.2 The majority of the access track is complete; however there is an element of the track which remains incomplete at the top of the track nearest to Oakrill and the site of the agricultural building.

3.0 RECOMMENDATIONS 3.1 The application is approved subject to conditions.

Page 29 of 34 4.0 REASON FOR COMMITTEE 4.1 Objection received from the Parish Council and the recommendation is approve.

5.0 RELEVANT PLANNING HISTORY 5.1 06/1733/F - Change of use of agricultural land to form vehicular and pedestrian access (retrospective). Refused December 2006. 07/0870/F – Construction of a tarmacadam farm lane and erection of metal post and rail fencing. Withdrawn June 2007. 07/1467/F – Erection of a mono-pitch portal framed agricultural building for use as an animal shelter and fodder store. Withdrawn October 2007. 07/1587/AGR – Erection of a mono-pitched, portal framed agricultural building. Prior approval not required October 2007. 08/0156/AGR – Construction of an access track for agricultural purposes. Prior approval required February 2008. 08/1375/AGR - Construction of an access track for agricultural purposes. Withdrawn November 2008.

6.0 CONSULTEE RESPONSES 6.1 Highways – No objections in principle to permission being granted for this proposal. The field in which the agricultural fodder store is located is currently accessed by two gateways from Well Lane and one from Hopton Lane, not including the access to the dwelling which is to be stopped up. The field gateway onto Hopton Lane is considered to be the least desirable due to the nature of the lane. Agricultural traffic using it would be likely to conflict with local residents, the school and users of the nature/recreational facility. Although the carriageway in Well Lane is similar in width, it generally has 1m wide grass verges either side, has fewer dwellings along it and connects directly with the old A5. It is, however, restricted by very high boundary hedges located on the carriageway edge over a short section at the eastern end. Overall, it is considered that agricultural traffic is better encouraged to use Well Lane and therefore support the connection of the fodder store to this lane from a highway point of view.

6.2 Great Ness and Little Ness Parish Council – Strongly object to the application on two grounds: 1. Proposed access onto Well Lane is not suitable as it is a narrow lane. Access for agricultural vehicles would be better suited off Hopton Lane. 2. The plans indicate that an existing agricultural access is already in place on Well Lane, the Council however believe that there is no such access and have in the past submitted aerial photographs to show this. Should permission be granted a condition should be attached to ensure a clear boundary wall or hedge between the house and the fodder store is created and maintained to ensure the new drive is not used to serve the house.

7.0 PUBLIC REPRESENTATIONS 7.1 The application has been advertised by site notice. No comments have been received.

8.0 PLANNING POLICY 8.1 Central Government Guidance: Planning Policy Statement (PPS) 1 (Delivering Sustainable Development), Planning Policy Statement (PPS7) Sustainable Development In Rural Areas.

Page 30 of 34 8.2 West Midlands Regional Spatial Strategy Policies: Policy QE3 (Creating a High Quality Built Environment for All) of the Regional Spatial Strategy.

8.3 Local Plan: Policies GP1 (General Requirements For Development), LNC3 (Development in the Countryside) of the Shrewsbury and Atcham Borough Local Plan (June 2001).

9.0 THE MAIN PLANNING ISSUES  Principle of development  Highway safety  Impact on visual amenity

10.0 OFFICER APPRAISAL 10.1 Principle of Development 10.1.1 Planning permission is required retrospectively for works that have commenced on site and for the proposed extension of the access track to the agricultural building. Officers are satisfied that the existing agricultural access may remain but should be used for agricultural purposes only and not to serve the residential property adjacent to the site.

10.1.2 Highway safety Despite the comments received from the Parish Council, Highways Officers have visited the site and are satisfied that an agricultural access off Well Lane to serve the agricultural building would be more preferable in highway safety terms than an access off Hopton Lane (north of the site). This is due to the nature of the lane being less likely to result in conflict with local residents, the school and users of the nature/recreation facility nearby. Well Lane, although similar in width to Hopton Lane, has fewer residential properties along it and connects directly to the old A5 and overall would be better suited for use by agricultural traffic. Accordingly the application is not considered contrary to Policy GP1 in respect of this matter.

10.1.3 Impact on visual amenity There is a significant change in ground levels across the site in a southerly direction from Hopton Lane down to Well Lane. Semi-mature hedgerows and tress along the northern roadside boundary would provide good screening of the agricultural building throughout the year. Application 08/0156/AGR sought prior approval for the construction of an access track from Hopton Lane; however this was refused on visual impact grounds concerning the route of the track and exacerbated by elevated ground levels. The provision of railings and a grass verge along the side of the track combined with the tarmacadam surface treatment is not considered to have a significant detrimental visual impact on the open countryside nature of the surrounding area.

11.0 CONCLUSION 11.1 Previous attempts have been made to secure access to the agricultural building off Hopton Lane. Due to the elevated nature of the site, the impact of a new access was deemed to form a visually intrusive feature in an area of open countryside, considered to be detrimental to the general character of the locality. In addition to this, comments were received from the Countryside Heritage Sites Manager who raised highway safety concerns regarding a new access off Hopton Lane due to

Page 31 of 34 the close proximity of a designated lay-by parking area serving the neighbouring Nesscliffe Countryside Heritage Site.

11.2 Given the visual impact and highway safety concerns raised by the construction of an access track off Hopton Lane, the retention and extension of the existing access track from Well Lane is considered to be acceptable and unlikely to cause demonstrable harm to the visual amenity of the surrounding open countryside or the amenities of neighbouring land users. The application is therefore recommended for approval subject to suitable conditions relating to the reinstatement of the residential boundary serving the adjacent residential property.

LIST OF BACKGROUND PAPERS:

HUMAN RIGHTS

First Protocol Article 1 requires that the desires of landowners must be balanced against the impact of development upon nationally important features and the impact on residents.

This legislation has been taken into account in arriving at the above recommendation.

Environmental Appraisal In report

Risk Management Appraisal In report

Community / Consultations Appraisal In report

Member Champion Not applicable

Local Member David Roberts

Appendices

Reason for Approval

It is considered that the track would not cause demonstrable harm to the visual amenities of the surrounding area and would have no adverse impact on highway safety. In determining the application consideration has been given to Policies GP1 and LNC3 of the Borough Local Plan (adopted 2001).

Page 32 of 34 Conditions

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 91(1) of the Town and Country Planning Act, 1990 (As amended).

2. The development shall be carried out strictly in accordance with the approved plans and drawings.

Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans and details.

3. The agricultural access hereby approved is to serve the agricultural building approved under planning permission reference 07/1587/AGR only, unless otherwise agreed in writing with the Local Planning Authority.

Reason: In order to protect the visual amenity and rural character of the surrounding area and in the interests of highway safety.

4. Prior to any above ground works commencing the hardcore within the area shaded green on plan no. 4109/02MAC is to be removed and re-laid with 300mm top soil and permanently retained as such unless otherwise agreed in writing with the Local Planning Authority.

Reason: In order to ensure the development approved is used for agricultural purposes and not domestic purposes to serve the adjacent residential dwelling.

Page 34 of 34