Schedule of Planning Applications

Committee and Date Item/Paper Area Regulatory Committee – Central 5 20th August 2009 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 48 INDEX

Application Number Proposal Address

1. SA/09/0306/ADV Erect and display a Adj. To The Willows freestanding parish Yockleton notice board Shrewsbury (amended Location)

2. 09/00390/FUL Alterations and The Stables Limes Paddock conversion of ground Dorrington floor stables, rearrangement of first floor accommodation, erection of two storey extension and balcony, raising of roof with insertion of additional dormer windows and roof lights, infilling covered walk way and erection of a detached double garage to provide an independent five bedroom residential unit (Amended Description)

3. 09/00472/FUL Erection of a single The Limes Limes Paddock storey swimming pool Dorrington room extension and conservatory following infilling of existing pond and removal of existing conservatory

4. 09/01402/FUL Use of existing holistic The Broad Meadow centre and camping site Leebotwood Church Stretton as a touring caravan site for 10 caravans

5. 09/01429/OUT Outline application for Land Adjacent Ashleigh Drury the erection of a dwelling Lane Montford Bridge

Page 2 of 48 6. 09/01618/FUL Siting of a trailer for use Heath Cottage Farm Shoot Hill as a domestic store and Shrewsbury ancillary accommodation in connection with existing caravan used for residential purposes

7. 09/01738/FUL Application under Field No. 9111, Rear Of Section 73a of the Town Primrose Bank Leebotwood and Country Planning Act 1990 for the erection of a timber 5 bay stable building (to include 1 barn, 1 stable, 2 haystores and 1 lock up store), 2 timber sheds and 2 freestanding feeding shelters (part retrospective)

Page 3 of 48 Application No. 1

Development Management Report

Application Number: SA/09/0306/ADV Parish: Westbury

Grid Ref: 339892 - 310126

Proposal: Erect and display a freestanding parish notice board

Site Address: Adj. To The Willows Yockleton Shrewsbury (amended Location)

Applicant: Westbury Parish Council

Case Officer: Ms Lynn Parker email: planningdmc@shropshire.gov.uk

1.0 THEPROPOSAL 1.1 This application is for the erection of a freestanding parish notice board for Westbury Parish Council of 0.7 (height) x 0.9 (width) x 0.2 (depth) metres in size and constructed in green painted wood with a clear Perspex window.

1.2 The proposed notice board is mounted into the ground on tubular legs of approximately 0.9 metres in height. Its position has been amended from that originally proposed outside The Old Post Office and is now proposed adjacent but not affixed to the boundary wall at The Willows. This is a few metres into the side lane alongside the site of the original proposal.

1.3 Members should note that the siting of the noticeboard has been formally amended and this report considers the new siting only.

2.0 SITE LOCATION/DESCRIPTION 2.1 The proposed site is on the eastern side of a lane accessed from the B4386 within Yockleton village.

2.2 The notice board is proposed outside but not attached to The Willows which is approximately in the centre of the village. It will be adjacent to a 1.8 metre high wooden boundary fence and to the south side of a vehicular access serving the Willows. The lane is 5 metres wide at the point at which the notice board is proposed and widens to open area. The site is flat, but slopes downwards towards the north and away from the main road and is finished in varying patches of tarmac, concrete and gravel, though the notice board will be sited on a tarmac area.

Page 4 of 48 2.3 The notice board is set back from the main road by a distance of 4 metres, and therefore will not be easily visible on approach from the east or west and will not significantly distract motorists approaching from either direction. The B4368 is straight for several hundred metres at this point through the village.

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

4.0 REASON FOR COMMITTEE 4.1 The scheme was deferred at the last Regulatory Committee of 23rd July 2009 following receipt of an amendment to the proposed location of the notice board.

5.0 RELEVANT PLANNING HISTORY 5.1 Nonerelevant

6.0 CONSULTEE RESPONSES 6.1 Parish Council is the applicant.

6.2 Highways Development Control – No objections. The lane is not a public highway, but is a ‘bridleway’.

7.0 PUBLIC REPRESENTATIONS 7.1 No letters of representation have been submitted in response to the proposed new siting of the notice board outside The Willows.

8.0 PLANNING POLICY 8.1 Central Government Guidance: PPG19 – Outdoor Advertisement Control. This document provides guidance on outdoor advertising in order to contribute positively to the appearance of an attractive and cared for environment in cities, towns and the countryside

8.2 Shrewsbury & Atcham Borough Local Plan (June 2001): There is currently no saved policy for the control of advertisements within the Local Plan, therefore proposals for development of this kind will be expected to satisfy the criteria outlined in GP1 – General Requirements For Development.

9.0 THEMAINPLANNINGISSUES

9.1  Affect of the proposed notice board on visual amenity in the immediate neighbourhood where it is to be displayed.

 Affect of the proposed notice board on public safety

Page 5 of 48 10.0 OFFICERAPPRAISAL 10.1 Principle of Development 10.1.1 The general approach to dealing with advertisement applications is similar to the process of dealing with planning applications, however there are two important differences from ordinary planning procedures. Firstly, the display of advertisements can only be controlled in the interests of ‘amenity’ and ‘public safety’. Secondly, it is accepted that anyone proposing to display an advertisement “needs” that advertisement in that particular location, whether for commercial or other reasons. These matters are addressed below.

10.2 Design, Scale and Character 10.2.1 The proposed notice board is of a typical design, colour, size and material associated with Parish notice boards. It is an inoffensive structure, which is not an unusual feature within a village setting. It is not proposed to illuminate this notice board.

10.3 Siting 10.3.1 The site is appropriate in that the notice board is proposed within a wide area towards the beginning of an unadopted lane. This allows ample space for both pedestrian and vehicular movement at the site. The notice board is proposed to follow the plane of the boundary wall behind it and as such will not protrude onto the regularly used part of the lane and cannot be regarded as a hazard to pedestrians.

10.3.2 As a post box already exists close by on the pavement along the B4386, it would be logical to erect a Parish notice board where it is more likely to be read i.e. close to where residents come anyway to post their letters.

10.3.3 The proposed position of the notice board will not be detrimental to road users approaching from the east or west as it will not be visible from the main road and it will not draw the attention of motorists due to its subdued appearance. The proposed siting does not raise objections from the Highways Department.

10.3.4 It is not considered that the erection of a proposed notice board will increase the street furniture in the village to a level which will adversely effect its character and the subdued green colour of the notice board will not be as prominent as the red post box or road signs along the main road.

10.4 Impact on neighbours/residential amenity 10.4.1 The proposed notice board will not be out of character within the village setting, nor is it likely to attract a continual stream of visitors. It is considered that the impact on the adjacent dwellings will be minimal.

10.4.2 Any maintenance required of the boundary fence can still be carried out as the proposed notice board will not be sited against the fence, and any excess

Page 6 of 48 noise created by persons ‘chatting’ by the notice board will be sporadic and no louder than the volume of normal speech.

11.0 CONCLUSION 11.1 By its siting, and design, this sign will not be detrimental to the amenity of the village of Yockleton nor to public safety as is therefore not contrary to Central Government Guidance PPG19.

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 Not Applicable Risk Management Appraisal Not Applicable Community / Consultations Appraisal Included in report above Member Champion Councillor M Taylor Smith Local Member D W L Roberts Appendices Not Applicable

Page 7 of 48 Reason for Approval

1. The proposed siting and design of the noticeboard would not be detrimental to the visual or residential amenities of the area and would not impact upon public or highway safety.

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 photographs.

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

3. 1. No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

2. No advertisement shall be sited or displayed so as to: (a) endanger persons using any highway, railway, waterway, dock, harbour or aerodrome (civil or military); (b) obscure or hinder the ready interpretation of, any traffic sign, railway signal or aid to navigation by water or air, or (c) hinder the operation of any device used for the purpose of security or surveillance or for measuring the speed of any vehicle.

3. Any advertisement displayed, and any site used for the display of advertisements, shall be maintained in a condition that does not impair the visual amenity of the site.

4. Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a condition that does not endanger the public.

5. Where an advertisement is required under these Regulations to be removed, the site shall be left in a condition that does not endanger the public or impair visual amenity.

Reason: The above conditions numbered 1-5 are standard conditions under the Town and Country Planning (Control of Advertisements) Regulations 2007.

Page 9 of 48 Application No. 2

Development Management Report

Application Number: 09/00390/FUL Parish: Condover

Grid Ref: 347460 - 303166

Proposal: Alterations and conversion of ground floor stables, rearrangement of first floor accommodation, erection of two storey extension and balcony, raising of roof with insertion of additional dormer windows and roof lights, infilling covered walk way and erection of a detached double garage to provide an independent five bedroom residential unit (Amended Description)

Site Address: The Stables Limes Paddock Dorrington Shrewsbury Shropshire

Applicant: Mr And Mrs Chata

Case Officer: Mr Richard Denison email: [email protected]

1.0 THEPROPOSAL 1.1 This application relates to the conversion of the existing ground floor stables, rearrangement of first floor ancillary accommodation, erection of two storey extension, raising of roof and infilling covered walk way to provide an independent residential unit. The proposed development will result in an entrance hall, kitchen/breakfast room, utility, living room, separate lounge, dining room, study and shower room on ground floor and five bedrooms (two with ensuite bathrooms) and family bathroom at first floor. A balcony which will be supported on two pillars will be provided for the master bedroom and form part of the proposed extension. A double garage and store will also be provided within the frontage of the site.

2.0 SITE LOCATION/DESCRIPTION 2.1 The existing modern ‘L’ shaped building is located to the north west of The Limes dwelling which is in the same ownership and is currently used for ancillary storage purposes. The building consists of four stables with an entrance into corner of the building at ground floor serving the existing residential accommodation which continues into the roof void of the entire building. The north west boundary runs along an open field (not in the applicants ownership) and is separated by a wooden panel fence. A large tarmac area within the site is located to the east of the existing building with access gained from the driveway serving The Limes.

Page 10 of 48 However, this tarmac area does connect onto a gravel track to the north, although this is now in separate ownership. The garden, drive and car parking area of The Limes is located to the south east. The south west boundary backs onto the only adjoining residential property a bungalow which is located at a slightly lower level. A thick mature conifer hedge and wooden fence separates these two properties.

3.0 RECOMMENDATIONS 3.1 This application is being recommended for approval.

4.0 REASON FOR COMMITTEE 4.1 Six or more individual representations have been received relating to material planning reasons.

5.0 PLANNING HISTORY 5.1 98/0032/040/84 – Conversion of stable block into a three bedroom detached dwelling, erection of a detached double garage and formation of new vehicular and pedestrian accesses and change of use of a strip of land from agricultural to domestic curtilage. Granted 11th March 1998.

6.0 CONSULTEE RESPONSES 6.1 No consultee responses have been received.

7.0 PUBLIC REPRESENTATIONS 7.1 Nine letters of objection have been received from local residents on the following grounds:-

Raising of roof and provision of sky lights will result in overlooking and loss of privacy. Inadequate access and increase in traffic. Proposals appears to be an encroachment into the countryside. Increase in noise and disturbance. Light pollution. Drainage. Potential commercial use of building. The boundary hedge should be maintained at existing level.

7.2 Condover Parish Council have raised objection on the following grounds:-

Proposed development is for a commercial purpose. Alterations will result in overlooking into the neighbouring property. Impact on road network. Inadequate drainage.

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

Page 11 of 48 8.2 West Midlands Regional Spatial Strategy Policies: CF4 : The Reuse of Land and Buildings for Housing QE1 : Conserving and Enhancing the Environment

8.3 The Shropshire and Telford & Wrekin Joint Structure Plan: P18 : Conversion of Buildings

8.4 Shrewsbury & Atcham Borough Local Plan (June 2001): GP1 : General Requirements for Development GP2 : Character and Setting GP4 : Alterations and Extensions GP5 : Residential Extensions of Two or More Storeys HS16 : Re-use and Adaptation of Rural Buildings for Residential Use

9.0 THEMAINPLANNINGISSUES 9.1 Principle of Development Design and Appearance Impact on Residential Amenity Highways Drainage

10.0 OFFICER APPRAISAL 10.1 Principle of Development 10.1.1 Planning permission was originally granted in March 1998 for the conversion of the existing stable block into a three bedroom detached dwelling, erection of a detached double garage and formation of new vehicular and pedestrian accesses and change of use of a strip of land from agricultural to domestic curtilage. This permission was implemented and the works undertaken as per the approved plans which included the retention of the existing four stables at ground floor. However, the garage was not constructed and theoretically permission is still valid should the applicant wish to construct this structure.

10.1.2 There are no records or details regarding the previous occupier as to whether this building was occupied as an independent dwelling or as ancillary accommodation to the adjoining property. However, the vehicular access is now via the driveway serving The Limes and has been currently used as ancillary storage and not as a solely independent unit of accommodation. The conversion of rural buildings for residential use is considered acceptable under Policy HS16 of the Shrewsbury & Atcham Borough Local Plan having regard that the building is located wholly within the village development boundary of Dorrington. Having regard to the proximity to neighbouring properties the use of this modern building for residential use would be more appropriate than any commercial or business use which are normally favoured over residential.

Page 12 of 48 10.2 Design and Appearance 10.2.1 The existing building is constructed from a modern mixed red brick with composite slate roof tiles incorporating dormer windows and a design matching that of the adjoining property. The proposed extension will measure 4 metres by 6.5 metres and will be in keeping with the existing design and scale. The proposed garage which has been amended to provide a reduced height will be of a similar scale to that previously approved with a half hipped roof to replicate the design of the adjoining building.

10.3 Impact on Residential Amenity 10.3.1 The proposed eaves height will be increased by 0.7 metres resulting in the roof being positioned at a higher level than as existing. Although there is a slight height difference between the existing building and the adjacent neighbouring property No.20 Limes Paddock there is a six metre area of garden which is separated by a three metre high boundary and a further eight metres to the rear wall of this adjacent property. Having regard to the distance away, boundary treatment and minor increase in height the roof increase will not result in any overbearing impact or loss of light.

10.3.2 The existing layout of the building provides two dormer windows and a roof light facing towards No.20 Limes Paddock which provide a view over the boundary hedge into the private garden of this property. Although the roof ridge will be raised by 0.7 metres to provide increased headroom within the roof void amended plans have been received which indicate that there will only be one false dormer window and two roof lights (one serving an ensuite and the other serving a box bedroom). This will result in a reduction in the number of windows overlooking this property, whilst the roof lights will be conditioned to be obscure glazed.

10.3.3 The proposed balcony will extends on to the strip of residential curtilage area along the north western boundary of the building which was previously open countryside and will not result in any overlooking or loss of privacy.

10.4 Highways 10.4.1 The proposed unit will utilise the existing driveway serving The Limes and provides adequate visibility in both directions onto the estate road. The existing building could be used as an impendent unit of accommodation separate form the adjoining property, whilst the proposed layout will only provide an additional two bedrooms. Adequate off street car parking is provided and the development is unlikely to significantly increase the number of vehicles and would therefore not be detrimental to high way safety.

10.5 Drainage 10.5.1 Concerns have been raised that the proposed extension will increase pressures onto the existing sewerage system over and above its original intention when the estate was constructed. The proposed development will only provide one additional ensuite shower room and a ground floor w.c. over above the existing

Page 13 of 48 potential foul water produced. Although the proposed development will provide two additional bedrooms it is not envisaged that there would result in a significant increase in foul water drainage which the existing public sewer could not accept. There are no known problems with the existing foul drainage within Limes Paddock.

11.0 CONCLUSION 11.1 The proposed use of the building as an independent residential unit is considered acceptable, whilst two storey extension, external alterations and detached garage will not result in any detrimental impact on neighbouring properties from either causing an overbearing impact, loss of light or resulting in overlooking and loss of privacy. The proposed works will not be detrimental to the visual character of this residential estate or impact on the adjoining open countryside, whilst adequate means of access, parking and amenity space is provided.

LIST OF BACKGROUND PAPERS Planning application reference 09/00390/FUL.

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 in the report. Risk Management Appraisal Not applicable Community / Consultations Appraisal Included in the report Member Champion Councillor M. Taylor-Smith Local Member Councillor T. Barker

Page 14 of 48 Appendices None

Reason for Approval

The proposed use of the building as an independent residential unit is considered acceptable, whilst two storey extension, external alterations and detached garage will not result in any detrimental impact on neighbouring properties from either causing an overbearing impact, loss of light or resulting in overlooking and loss of privacy. The proposed works will not be detrimental to the visual character of this residential estate or impact on the adjoining open countryside, whilst adequate means of access, parking and amenity space is provided.

In determining 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: CF4 : The Reuse of Land and Buildings for Housing and QE1 : Conserving and Enhancing the Environment. The Shropshire and Telford & Wrekin Joint Structure Plan: P18 : Conversion of Buildings. Shrewsbury & Atcham Borough Local Plan (June 2001): GP1 : General Requirements for Development, GP2 : Character and Setting, GP4 : Alterations and Extensions, GP5 : Residential Extensions of Two or More Storeys and HS16 : Re-use and Adaptation of Rural Buildings for Residential Use.

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 plan numbers

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

3. No built development shall commence until details of all external materials, including hard surfacing, have been first submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approval details.

Reason: To ensure that the external appearance of the development is satisfactory.

4. No windows or other openings shall be formed within the roof slope at first floor level within the south west facing elevation without the prior consent of the Local Planning Authority.

Page 15 of 48 Reason: To preserve the amenity and privacy of adjoining properties.

5. The roof lights within the south west facing elevation shall obscure glass and shall thereafter be permanently retained as such.

Reason: To preserve the amenity and privacy of adjoining properties.

© Crown Copyright. All rights reserved. Shropshire Council 100049049. 2009 For reference purposes only. No further copies may be made. © Crown Copyright. All rights reserved. Shropshire Council 100049049. 2009 For reference purposes only. No further

Page 16 of 48 Application No. 3

Development Management Report

Application Number: 09/00472/FUL Parish: Condover

Grid Ref: 347467 - 303143

Proposal: Erection of a single storey swimming pool room extension and conservatory following infilling of existing pond and removal of existing conservatory

Site Address: The Limes Limes Paddock Dorrington Shrewsbury Shropshire

Applicant: Mr And Mrs Chata

Case Officer: Mr Richard Denison email: [email protected]

1.0 THEPROPOSAL 1.1 This application is for the erection of a swimming pool with associated changing room, sauna, plant room and bar and a new conservatory following the demolition of the existing conservatory and green house. The proposed extension will measure approximately 7.5 metres by 19.2 metres. The swimming pool with have a flat roof with a parapet wall up to a height of 3.35 metres rising to 3.9 metres due to the slight differences in level of the site. Three small sky lights are provided along the centre of the roof to provide light directly over the swimming pool. The conservatory will have a full hipped glazed roof behind a parapet wall up to a height of 3.35 metres.

2.0 SITE LOCATION/DESCRIPTION 2.1 The proposed site is located towards to the northern boundary of Dorrington village and accessed off Limes Paddock estate. The existing two storey property is set within a relatively spacious plot and has been extended previously. The rear garden has a slight slope towards the south west boundary of the site and is well screened by mature conifer hedge row up to 3-4 metres in height.

3.0 RECOMMENDATIONS 3.1 This application is being recommended for approval.

Page 17 of 48 4.0 REASON FOR COMMITTEE 4.1 The Parish Council have submitted a view contrary to officers based on material planning reasons and these views cannot be overcome by negotiation or imposition of planning conditions and six or more individual representations have been received relating to material planning reasons.

5.0 PLANNING HISTORY 5.1 98/0670/040/84 – Erection of a two storey extension to provide enlarged lounge, new dining room and sun room with two additional bedrooms above. Granted 2nd March 1990.

5.2 97/0340/040/84 – Erection of a detached double garage. Granted 14th May 1997.

5.3 84/0139/040/84 – Alterations and additions to provide new lounge, utility room, wc, private double garage with bathroom and additional bedroom above, together with new facing brick skin wall built around existing walls. Granted 20th March 1984.

6.0 CONSULTEE RESPONSES 6.1 Shropshire Council, Environmental Health – No objection is raised subject to conditions regarding the submission of details of the extraction equipment and insulation of the plant equipment.

7.0 PUBLIC REPRESENTATIONS 7.1 Fourteen letters of objection have been received from local residents on the following grounds:-

Use of swimming pool for ‘swimming parties will lead to increase in traffic. Extension will result in the loss of light. Increase in flooding. The proposed sky lights will result in light pollution. Noise and disturbance. The extension is large and will result in a property significantly larger than originally built. Construction of the swimming pool may result in subsidence. Loss of trees.

7.2 Condover Parish Council have raised objection on the following grounds:-

The extension will not be in keeping with the existing property. Will increase the floor area. The existing property dominants the area. Will result in light and noise pollution to neighbouring properties. Construction work will result in disturbances to local residents. Impact on road network. Inadequate drainage.

Page 18 of 48 8.0 PLANNING POLICY 8.1 Shrewsbury & Atcham Borough Local Plan (Adopted June 2001): GP1 : General Requirements for Development GP3 : Alterations and Extensions

9.0 THEMAINPLANNINGISSUES 9.1 Design and Appearance Impact on Residential Amenity Loss of Trees Highways Drainage

10.0 OFFICER APPRAISAL 10.1 Design and Appearance 10.1.1 The extension will be constructed from brick with detailing to the parapet wall and the provision of timber windows and doors, whilst the sky windows and hipped roof for the conservatory will be of a contemporary design. The extension will not be viewed from any public vantage point and will be located to the rear of the property. The design and appearance would appear satisfactory in relation to this relatively modern property. Although the extension is relatively large it is positioned to the rear of the existing property, set in a spacious plot and is only single storey. Having regard to the location and size the scale of the extension is considered appropriate.

10.2 Impact on Residential Amenity 10.2.1 A number of local residents have raised objection have been raised regarding the scale and position of the extension which will impact on the neighbouring properties and result in an increase in noise and disturbance. The proposed extension will have a floor level that will be identical to the existing property with a parapet wall around the flat roof to a height of 3.35 metres adjacent to the existing property rising to 3.9 metres at the furthest point away due to the slight slope of the rear garden. Having regard to the distance away from the boundaries of the adjacent properties and that a natural high conifer hedge provides a wall thick screen the proposed extension will not result in any loss of light, cause an overbearing impact or result in loss of privacy. The plant room will be positioned 10 metres from the nearest boundary and 19.5 metres from the nearest residential property. There will be a small vent protruding from the roof, although no objection is raised from Public Protection and subject to safeguarding conditions regarding the extraction equipment and noise levels there will be no detrimental increase in noise and disturbance. Noise created by anti social behaviour can not be considered under the planning process and would have to be considered under separate Environmental Health legislation.

Page 19 of 48 10.3 Loss of Trees 10.3.1 The proposed development will result in the loss of two trees within the southern corner of the site. However, these trees are not protected by a tree preservation order and the site is not within a Conservation Area. The trees are located to the rear of the property and provide little amenity value to either the existing occupiers or adjoining residential properties and therefore the loss would not impact on this locality.

10.4 Highways 10.4.1 The existing vehicular access onto the estate provides good visibility and there is adequate off street car parking, whilst the proposed extension will not increase the number of residents residing at this property and therefore not increase the number of traffic movements from the occupiers of this property. Therefore, it is not considered that this extension would lead to an increase in traffic movements detrimental to highway safety. The proposed construction of the extension will result in a small increase in works vehicle movements, although having regard that excavated earth will be used to slightly re-grade the garden and that there will not be an excessive number of heavy goods vehicles this development will not cause any noise or highway implications.

10.5 Drainage 10.5.1 Concerns have been raised by Condover Parish Council that the proposed extension will increase pressures onto the existing sewerage system over and above its original intention when the estate was constructed. The provision of surface water drainage will be dealt with via soakaways within the garden, whilst it is intended that the drain from the swimming pool filter backwash will discharge into the main public sewer. There are no known problems with the existing public sewers and are considered acceptable to accommodate any increase in the rate of foul water proposed.

11.0 CONCLUSION 11.1 The proposed development will not result in any detrimental impact on neighbouring properties from cause an overbearing impact, loss of light or resulting in any overlooking or loss privacy, whilst the plant equipment will not cause any detrimental increase in noise and disturbance. The proposed extension will not result in the loss of any significant import trees, whilst the development is located comfortably within the plot and provides adequate amenity space and car parking provision.

LIST OF BACKGROUND PAPERS Planning application reference 09/00472/FUL.

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

Page 20 of 48 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.

Reason for Approval

The proposed development will not result in any detrimental impact on neighbouring properties from cause an overbearing impact, loss of light or resulting in any overlooking or loss privacy, whilst the plant equipment will not cause any detrimental increase in noise and disturbance. The proposed extension will not result in the loss of any significant import trees, whilst the development is located comfortably within the plot and provides adequate amenity space and car parking provision. In determining the Local Planning Authority gave consideration to the following policies: Shrewsbury & Atcham Borough Local Plan (June 2001): GP1 : General Requirements for Development and GP3 : Alterations and Extensions.

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).

Page 21 of 48 2. The development shall be carried out strictly in accordance with the deposited plan numbers

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 shall match those of the existing building and there shall be no variation without the prior consent in writing of the Local Planning Authority.

Reason: To ensure that the works harmonise with the existing development.

4. No development shall take place until a scheme for the enclosure of any plant and machinery with sound-proofing material and details of mounting to reduce vibration has been submitted to and approved by the Local Planning Authority. The approved scheme shall be completed prior to the first occupation of the building and shall thereafter be retained.

Reason: To protect the amenities of occupiers of nearby properties from excessive noise.

5. No development shall take place until a scheme for the extraction and treatment and dispersal of fumes and odours has been submitted to, and approved by, the Local Planning Authority. The approved scheme shall be implemented prior to the use commencing and thereafter retained.

Reason: To protect the amenities of occupiers of adjoining properties.

Page 23 of 48 Application No. 4

Development Management Report

Application Number: 09/01402/FUL Parish: Leebotwood

Grid Ref: 347741 - 298815

Proposal: Use of existing holistic centre and camping site as a touring caravan site for 10 caravans

Site Address: The Broad Meadow Leebotwood Church Stretton Shropshire

Applicant: Mrs Gillian Lewis

Case Officer: Mrs Jane Raymond email: [email protected]

1.0 THEPROPOSAL 1.1 This application relates to the change of use of part of an existing campsite to allow the camping area to also be used as a touring caravan site for up to 10 touring caravans.

2.0 SITE LOCATION/DESCRIPTION 2.1 The site forms part of the holistic centre and camping site that has already been established at the edge of the village of Leebotwood. The site is a level field situated to the rear of the Copper Kettle and is accessed by a new access off the A49. The part of the site where the touring caravans will park is the part of the field already available for up to 10 tents. The log cabin toilet/shower block and the static caravan for holiday let that were both approved under the previous permission are now in place.

2.2 The site is screened from view by the mature hedge along the A49 but views of the camping site have been opened up at the new entrance to the site. However a new hedge has been planted to screen the camping pitches.

3.0 RECOMMENDATION 3.1 Recommend approval subject to no objection from the Highways Agency.

4.0 REASON FOR COMMITTEE 4.1 The Parish Council has submitted a view contrary to officers based on material

Page 24 of 48 planning reasons and these views cannot be overcome by negotiation or imposition of planning conditions.

5.0 RELEVANT PLANNING HISTORY 5.1 04/1305/F - Erection of log cabin for human/animal holistic centre/rural retreat, siting of 1 static caravan for holiday let, campsite for 10 tents, formation of access track and car park and associated landscaping and erection of four field shelters/stables for horse livery (part retrospective) (amended description). Approved27th October 2004.

06/1340/VAR - Variation of conditions 10 & 11 of planning permission 04/1305/F granted 27th October 2004 to create a new vehicular access onto the A49 and formation of parking area in association with human/animal holistic centre/rural retreats. Approved 6th December 2006.

6.0 CONSULTEE RESPONSES 6.1 SC Highways Development Control – The site is accessed of the A49 Trunk Road under the control of the Highways Agency. If it was accessed of a County Road would require the access to be constructed in accordance with the submitted plans.

Highways Agency has been consulted but no response received as yet (expires 18th Aug 09). (To be updated at committee)

SC Pollution Team Leader – No objections but should the application be approved there will be a requirement for the applicant to obtain a Site Licence under the Caravan Sites and control of Development Act 1960.

Leebotwood Parish Council – Oppose the application on the grounds that the increased volume of traffic resulting from the expansion would be hazardous. The access is close to the 40mph speed restriction and as vehicles are driving at higher speeds than this they would have to slow for vehicles entering or leaving the site and would present a high risk of accidents occurring. Also concerned that further expansion of the site cannot be sustained by the village and site.

7.0 PUBLIC REPRESENTATIONS 7.1 Ten letters of support have been received (some from local residents and some from businesses and customers that use the site) summarised as follows:

The caravan site will enable customers of the holistic centre (courses, field trips and workshops) to stay at the site in the comfort of their own caravan in preference to a tent.

It is preferable for owners of horses who are attending a course to be able to stay near their horses.

Page 25 of 48 The site is an ideal location for holiday makers and walkers and will enable more holiday makers to stay at the site and use facilities and services in the locality and will therefore bring extra custom to local businesses including the Pound Inn, Copper Kettle and local farm shop and stores and other businesses in Dorrington and Church Stretton.

It would be advantageous if the site belonged to the ‘Camping and Caravanning Club’ but there are other local businesses fulfilling this role so this site would not be in competition with these.

The application is for a limited number of caravans for which there is demand and potential customers have had to be turned away.

Since the launch of the business it has fitted seamlessly into the village and has produced no access, noise or nuisance problems.

The site is screened from the A49 by hedges and trees and the infrastructure is now in place so 10 additional caravans will bring no detriment to the village.

The new access was completed last year with full approval and up to 200 vehicles safely entered and exited the site on the opening day; a good wide access has been provided and the caravans that would exit and enter the site would be staggered and individual.

One letter of objection has been received from the owner of a touring caravan site in the village summarised as follows:

Dispute the need for another caravan site as they have some vacancies the majority of the time and there are also other sites locally in the Stretton area.

Understand that allowing caravans would financially assist the business but at the expense of others already in existence.

Not having the site staffed 24 hours a day can lead to Health and Safety and security issues and could lead to a future application for a dwelling.

Question the new entrance/exit off the busy A49 in relation to highway safety due to the speed of traffic and the bend in the road before the entrance.

8.0 PLANNING POLICY 8.1 Central Government Guidance: PPS7: Sustainable Development in Rural Areas PPG21:Tourism

8.2 West Midlands Regional Spatial Strategy Policies: PA10: Tourism and Culture

Page 26 of 48 8.3 Local Plan: TLR12: Holiday Camping and Touring Caravan sites. LNC3: Development in the Countryside

9.0 THEMAINPLANNINGISSUES 9.1 Themain issues indeterminingthis proposal are: Principle Scale and Appearance Access/Highway Safety Impact on local residents

10.0 OFFICERAPPRAISAL 10.1 Principle of Development 10.1.1 The principle of the development is acceptable under Local Plan Policy TLR12 provided that the proposal meets the criteria of this policy. The first and major criterion is that the site is located close to a settlement defined by Local plan Policy HS3 or HS4. Whilst not being wholly considered within the settlement the site is situated on the edge of Leebotwood which is considered to be an HS4 settlement. The principle of a touring caravan site in this location is therefore acceptable.

10.2 ScaleandAppearance 10.2.1 The site is an established camping site for up to 10 tents and also a holistic centre providing alternative therapies and courses and country craft workshops in addition to alternative therapies for horses and natural horsemanship. The application will allow up to 10 touring caravans in addition to 10 tents and the one static holiday caravan on site. The toilet and shower facilities are provided in the log cabin already on site in addition to an enclosed area for waste and re-cycling. No chemical waste disposal will be provided as the proprietor of the business explained during the site visit that customers will use the shower and toilet facilities rather than their own. It is considered that the site is an adequate size to accommodate this small expansion of the business and would not be an over intensification of the use of the site.

10.2.2 The site is well screened form the A49 by a mature hedge except for at the entrance to the site which has recently been improved and widened. A hedge has been planted to screen the camping and caravan pitches from the entrance and parking area in front as part of the landscaping approved under the previous permission for the site. It is considered that no further landscaping is required and that the proposal will have no harmful impact on the character and appearance of the locality or the wider landscape.

10.3 Access/HighwaySafety 10.3.1 The site is easily accessible off the main road network being adjacent to the A49 trunk road. Allowing 10 caravans in addition to the established use will not generate unacceptable volumes of traffic. The site will be accessed via a recently improved access which was the subject of a Section 278 Agreement

Page 27 of 48 with the Highways Agency and it is considered that the number of vehicles towing caravans would be able to enter and exit the site without detriment to highway safety.

10.3.2 The Highways Agency has been consulted and members should note that this recommendation is subject to no objections being received from this statutory consultee.

10.4 Impact on local residents 10.4.1 The site is situated behind the Copper kettle and the nearest residential properties are those opposite the entrance at ‘Cooper’s Meadow’. Whilst an increase in use of the site by up to 10 more families or couples will obviously result in some increase in noise and activity at the site and a slight increase in vehicular movements it is considered that the proposal would not result in any significant increase in noise and disturbance that would be detrimental to local residents above that of the existing use of the site.

11.0 CONCLUSION 11.1 The use of the site for 10 touring caravans would not result in an over intensification of the use of the site and the scale of the development is acceptable in this location. The use of the site by up to 10 touring caravans in addition to the existing use would have no adverse impact on the appearance of the locality or the landscape and would not be detrimental to the occupiers of nearby properties. An improved and safe means of access already exists and the proposal will not generate a significant increase in the level of traffic.

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 the report Risk Management Appraisal N/A Community / Consultations Appraisal Included within the report

Page 28 of 48 Member Champion Councillor Martin Taylor-Smith Local Member Councillor Tim Barker Appendices None

Reason for Approval

The proposed use of the land as a touring caravan site for up to 10 touring caravans in addition to the existing use of the site is acceptable in this location and will have no harmful impact on the occupiers of nearby properties, will not be detrimental to the character and appearance of the locality, will preserve the landscape character and appearance of the area and will have no adverse impact on highway safety.

In determining the application the Local Planning Authority gave consideration to the following policies:

Central Government Guidance: PPS7: Sustainable Development in Rural Areas PPG21:Tourism

West Midlands Regional Spatial Strategy Policies: PA10: Tourism and Culture

Local Plan: TLR12: Holiday Camping and Touring Caravan sites. LNC3: Development in the Countryside

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. No more than 10 caravan pitches shall be available at any one time and the 10 pitches shall be located in the camping area hatched green on the approved block plan reference BM-SP-001, unless otherwise agreed writing with the local planning authority.

Reason: To ensure that an uncontrolled intensification of the use of the site does not occur to the detriment of the surrounding area.

Page 29 of 48 3. Access to the site shall only be via the new access constructed in accordance with the approved plan reference BM-L-01 Rev B unless otherwise agreed in writing with the Local Planning Authority.

Reason: In the interests of highway safety

Page 30 of 48 Application No. 5

Development Management Report

Application Number: 09/01429/OUT Parish: Bicton

Grid Ref: 343506 - 314937

Proposal: Outline application for the erection of a dwelling

Site Address: Land Adjacent Ashleigh Drury Lane Montford Bridge Shrewsbury Shropshire

Applicant: Mr And Mrs L Bloomfield

Case Officer: Ms Lynn Parker email: [email protected]

1.0 THEPROPOSAL 1.1 This application is an outline proposal for a dwelling with all matters reserved. The proposal is a resubmission of outline planning application ref: 09/0207/O withdrawn on 17th April 2009 in order to commission a Flood Risk Assessment in respect of the Environment Agency’s Flood Risk Standing Advice as the site lies within Flood Zone 2.

1.2 The site proposed is a basically rectangular parcel of land of 0.06 hectares within the domestic curtilage of ‘Ashleigh’, Montford Bridge and separated from the main body of the garden to the west by a brook.

1.3 Both a Flood Risk Assessment and Historical Assessment have been submitted with this application.

2.0 SITE LOCATION/DESCRIPTION 2.1 The proposed site is within open countryside to the south east of the village of Montford Bridge and accessed from Preston Montford Road via the B4380. The plot lies on the south east edge of a group of seven dwellings along Drury Lane and inbetween a brook and the road.

2.2 The site is laid to grass with a group of mature trees at the southern end and young trees along the brook bank. The boundary with the road to the east comprises mature hedging with has recently received work to fill in gaps in the foliage with horizontally placed branches. The site is generally flat but slopes

Page 31 of 48 down towards the brook and was soft underfoot.

2.3 A wide gated access is already provided to the north east corner with a patch of rough gravel and opens onto the entrance to Drury Lane rather than Preston Montford Road. The access affords good visibility in both directions. The northern end of the plot appears to be currently used for parking vehicles – a single car was parked there on the site visit.

2.4 The plot size is smaller than the two dwelling immediately adjacent, but is similar to and in some cases larger than others within Drury Lane. A substantial garden would be retained at ‘Ashleigh’, but there is no other parking provision as the existing dwelling itself has only pedestrian access from Drury Lane.

3.0 RECOMMENDATION 3.1 It is recommended that this application be refused.

4.0 REASON FOR COMMITTEE 4.1 The scheme does not comply with the delegation to officers as set out in Part 8 on the Shropshire Council Constitution as the Parish Council have submitted a view of ‘no objections’ based on material planning reasons and these views cannot be overcome by negotiation or imposition of planning conditions and it is contrary to officers recommendation for refusal. In addition 6 or more individual representations of support have been received relating to material planning reasons.

5.0 RELEVANT PLANNING HISTORY 5.1 09/0207/O – Outline application for the erection of a dwelling. Withdrawn 17th April 2009.

5.2 77/1089 – Erection of two dwellings and formation of vehicular and pedestrian accesses. Refused 21st February 1978.

6.0 CONSULTEE RESPONSES 6.1 Bicton Parish Council – No objections raised, but wish to point out that the applicants currently park their cars on the site, and if it is developed this may lead to on street parking and inconvenience neighbours.

7.0 PUBLIC REPRESENTATIONS 7.1 Six letters of support have been received from six neighbours which are available to view on file, but précised as follows:

Believe that reasonable development is essential for the economic future of the village. There has been recent investment in a new school at Bicton, it is therefore essential to encourage families to move into the village. A recent set back reduced Post Office services in the village, therefore the

Page 32 of 48 village shop is seeking to diversify. A new dwelling will bring a small contribution to the economy of the village and boost a declining community. The plot seems an ideal site for infilling and to a small degree will assist in meeting housing needs for the area. It will benefit the appearance of the entrance of the lane. It is assumed that suitable conditions would be imposed with regard to the disposal of sewage.

7.2 In addition, two letters of support have been submitted which refer to the previously withdrawn application. The writers have instructed the applicant to submit them again expressing their support as follows:

The proposal is in line with central government policy, which has stressed the benefit of new development on a scale able to be absorbed into the existing community in support of local services. Drury Lane was a community with residential, commercial and chapel facilities prior to the construction of Telford’s new bridge. A local authority housing scheme and sewage works have been provided on land closer to the River Severn. No reference is made in parish records over the last 100 years to river overflow reaching Drury Lane. The site is unwanted amenity land. Additional traffic generated by the development would not significantly change Drury Lane nor cause access problems. There are two other plots at Drury Lane that would be suitable for development.

8.0 PLANNING POLICY 8.1 Central Government Guidance: PPS3 – Housing. Sets out the national planning policy framework for delivering the Government’s housing objectives. PPS7 – Development In The Rural Areas. This document provides guidance on the Governments objectives for rural areas including the prudent use of natural resources and the continued protection of the open countryside.

8.2 West Midlands Regional Spatial Strategy Policies: RR1 – Rural Renaissance. A key objective which recognises that rural areas will be regenerated through the improvement of choice in housing according to need. QE6 – The Conservation, Enhancement And Restoration Of The Region’s Landscape. Sets out the aims to conserve, enhance and where necessary restore the quality, diversity and distinctiveness of landscape character.

8.3 Shropshire and Telford & Wrekin Joint Structure Plan Policies: P5 – Development Outside Settlements

8.4 Shrewsbury And Atcham Borough Local Plan (June 2001):

Page 33 of 48 GP1 – General Requirements For Development HS4 – Residential Development In The Rural Areas. LNC3 – Development In The Countryside.

9.0 THEMAINPLANNINGISSUES 9.1 Whether there is justification for the erection of a new dwelling in the open countryside. Visual effect of a dwelling on this plot on the adjacent countryside

10.0 OFFICERAPPRAISAL 10.1 Principle of Development 10.1.1 Policy HS4 of the Shrewsbury & Borough Local Plan only allows the provision of new dwellings in the countryside subject to the site being located within a settlement with service provision. Criteria (ii) of this policy, however, requires that the site is wholly located within the settlement. Additional housing development in settlements with a dispersed or isolated pattern, such as Montord Bridge, is not considered suitable where the proposed site is located on the periphery of or outside settlements as it contributes to the spread of such development patterns in the open countryside. Within the Historical Assessment submitted with the application, Montford Bridge is presented as comprising three main groups: The North Group; The Middle Group; The South Group. Montford Bridge village shop is located in The North Group, the proposed site in The South Group. The River Severn is located inbetween The North and Middle Groups, and The South Group is a separate hamlet with countryside inbetween. As such, is not located within easy walking distance of any services. Accordingly it is considered that the site cannot be classed as wholly contained within the settlement and fails to fulfill Local Policy HS4.

10.1.2 Central Government Guidance PPS7 states that development in rural areas should be positioned in a sustainable location which should reduce the need to travel to gain access to essential day to day services such as shops, schools and employment opportunities. The proposed site can be considered as isolated in that the village shop, until recently also containing a Post Office which is now closed, is approximately 700 metres from the site. There is a school to the east in Bicton approximately 1200 metres along unpavemented road and B8 use at Forton West Farm approximately 1400 metres to the north east. Therefore, the provision of this dwelling within the countryside would result in an unsustainable location for residential use where there would be a requirement to drive to access essential day to day services.

10.1.3 Sites located on the periphery of or outside of settlements such as Montford Bridge are classed as being located within the open countryside and are assessed under Policy LNC3 of the Local Plan. This policy seeks to protect the character of the open countryside by preventing the gradual expansion of villages onto surrounding land. Applications for the erection of dwellings in the countryside are not normally supported.

Page 34 of 48 10.1.4 Members should also note that the scheme has not been submitted as an affordable single plot exception site or for the provision of an agricultural or forestry worker.

10.2 Impact on the Countryside 10.2.1 The dwellings on Drury Lane are set back from Preston Montford Road behind the brook which makes a natural boundary line. The land can be described as open countryside with ancillary residential use as there is an access through to the garden and the site is maintained but not cultivated. Although not resulting in the loss of agricultural land, to erect a dwelling on this site would visually extend the hamlet into the countryside to the east. The village of Montford lies to the west. This proposal is therefore also contrary to Local Policy LNC3 in that it would have an adverse effect on the character of the open countryside.

10.2.2 Whilst the support of the neighbouring residents is given with the best of intentions with the aim of boosting their declining community, it is not clear how a single dwelling would achieve their aspirations. Nor is it considered that the merit of providing an additional dwelling, the scale and type of which is not specified, will outweigh the loss of open countryside resulting from the extension of the hamlet to the east.

10.3 FloodRiskAssessment 10.3.1 The decision to submit a Flood Risk Assessment (FRA) has been taken by the agent in respect of the Environment Agency’s Flood Risk Standing Advice as the site lies within Flood Zone 2. The Environment Agency provided comment on the previously withdrawn application (09/0207/O) which confirmed that the proposal falls within the scope of EA Flood Risk Standing Advice and therefore the Agency should not have been consulted on the application.

10.3.2 The submitted FRA states that notwithstanding the position of the site at the extremity of Flood Zone 2, the actual levels confirm that there can be no flood risk associated with any future development of the site. The maximum predicted flood height of 58.24 metres is below the lowest point of the application site as a topographical survey confirms this to be 59.35 metres. The highest point being 60.75 metres.

11.0 CONCLUSION 11.1 The proposed dwelling will constitute the provision of a new residential unit in open countryside and would extend development into countryside to the east. It is therefore contrary to Central, Regional and Local Policies.

Page 35 of 48 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 Flood Risk Assessment included in report above Risk Management Appraisal Not applicable Community / Consultations Appraisal Included in report above Member Champion Councillor Martin Taylor-Smith Local Member Councillor E J Everall Appendices Not applicable

Reason for Refusal

1. The proposed development is not wholly located within the settlement of Montford Bridge and would erode the character of the open countryside and result in a dispersed pattern of development. Accordingly, the proposal would be contrary to Policies HS4 and LNC3 of the adopted Shrewsbury And Atcham Borough Local Plan (June 2001).

Page 37 of 48 Application No. 6

Development Management Report

Application Number: 09/01618/FUL Parish: Ford

Grid Ref: 341699 - 312417

Proposal: Siting of a trailor for use as a domestic store and ancillary accommodation in connection with existing caravan used for residential purposes

Site Address: Heath Cottage Farm Shoot Hill Shrewsbury Shropshire SY5 9NR

Applicant: Miss Joanna Hora

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

1.0 THEPROPOSAL 1.1 The application seeks retrospective planning permission for a green coloured trailer (which is a former contractor’s mobile site hut), which is used as a domestic store and ancillary accommodation, in association with the caravan which is situated adjacent, and which was granted planning permission by the Council at the July Committee. The green trailer is not used as sleeping accommodation.

2.0 SITE LOCATION/DESCRIPTION 2.1 The site of the trailer is located on the edge of the hamlet of Shoot Hill, south of Ford, and is located behind a hedgerow and adjacent to agricultural buildings around 20 metres north of the highway. The access is via an existing driveway, which also serves Heath Cottage. The occupation of Heath Cottage is completely separate from the caravan, previously granted permission, and the farm building complex. Shoothill is a loose-knit hamlet and the site is outside of the framework of the settlement, although it can be considered to be just within a farm curtilage.

3.0 RECOMMENDATION 3.1 Grant planning permission subject to conditions.

4.0 REASONFOR COMMITTEE 4.1 It is considered that the application should be considered by committee in line

Page 38 of 48 with the application determined in July.

5.0 RELEVANT PLANNING HISTORY 5.1 09/00758/FUL – retrospective siting of a caravan approved by July Committee Enforcement notice (APP/06/0024/ENF) issued against siting of caravan and use of portable structure for ancillary residential storage [the latter is the trailer which is the subject of the current application]. An appeal was dismissed and the Enforcement Notice upheld by a planning Inspector. 05/1514 – invalid and withdrawn outline planning application for agricultural worker’s dwelling, 2005.

6.0 CONSULTEE RESPONSES 6.1 None received.

7.0 PUBLIC REPRESENTATIONS 7.1 None received.

8.0 PLANNING POLICY 8.1 Central Government Guidance: CLG Circular 1/2006 (Planning for Gypsy and Traveller Caravan Sites).

8.2 West Midlands Regional Spatial Strategy Policies: CF9 (Sites for Gypsies and Travellers)

8.3 Local Plan: Shrewsbury and Atcham Borough Local Plan Policy GP1 (General development), HS4 (housing in the countryside), LNC3 (development in the countryside).

Other Guidance Gypsy and Traveller Accommodation Assessment for Shropshire, Herefordshire, Telford & Wrekin and Powys, 2008

9.0 THEMAINPLANNINGISSUES 9.1 Visual impact on the countryside and compliance with rural planning policies

10.0 OFFICERAPPRAISAL 10.1 Principle of Development 10.1.1 The principles and detailed issues surrounding the application are fully explained in the attached copy of the previous committee report for the stationing of the caravan (09/00758/FUL).

10.1.2 The principle of stationing the original caravan was agreed by this previous permission (09/00758/FUL), it being considered that the impact on the countryside had to be balanced against the personal circumstances of the applicant, particularly her gypsy / traveller status. National Planning Guidance

Page 39 of 48 makes provision for provision of sites for gypsies and travellers in rural locations.

10.1.3 During consideration of the previous planning application for the caravan it was noted that the green trailer, which the applicant also uses, was situated on the site and, following discussions with the agent, it was agreed that a planning application needed to be submitted for the trailer. The principle of stationing the trailer as ancillary accommodation is the same as the principle of stationing the original caravan, in policy terms. The additional visual impact has to be considered, however. The original caravan is relatively small and it seems reasonable that the applicant would require an additional trailer to store domestic goods and to use as ancillary accommodation.

10.2 Design, Scale and Character 10.2.1 The trailer is painted green and sited close to the caravan which has been granted planning permission. It is located behind the hedge and a tree and there are only limited views from the road. From the road it appears as part of the farm complex and is not overly obtrusive.

10.2.2 The applicant’s agent has stated that a landscaping scheme could be carried- out on the northern side of the site, which can be seen from a public footpath. However, it is not considered that this is necessary, as the trailer is just one further piece of equipment in the farmyard area and such a scheme would have limited effect screening the farm complex as a whole. In addition, the stationing of the original caravan and the trailer is not permanent, so as to warrant a landscaping scheme which will take a considerable time to mature.

10.3 Impact on neighbours/residential amenity 10.3.1 The caravan and farm are adjacent to Heath Cottage, but there are no other immediate neighbours, and there is no tangible visual impact on neighbours. As the trailer is ancillary to the caravan and is only used for domestic activities there are no significant disturbance issues. The main impact would be the shared access with Heath Cottage, but this is already the farm access, and the applicant’s use of the track is likely to be very limited, bearing in mind she lives alone and does not conduct any business.

11.0 CONCLUSION 11.1 It is considered that limited additional domestic facilities to supplement the existing caravan are justified, given the applicant’s existing caravan is relatively small, and that the trailer has a limited visual impact on the countryside.

Page 40 of 48 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 Councillor Martin Taylor-Smith Local Member Councillor D Roberts Appendices Committee report 09/00758/FUL

Reason for Approval

Given the low key nature of the proposal and the positioning of the trailer to avoid visual impact, it is considered that it will not harm local residential amenity or the character and appearance of the countryside. In determining the application, the Local Planning Authority gave consideration to the following policies:-

Central Government Guidance: CLG Circular 1/2006 (Planning for Gypsy and Traveller Caravan Sites).

West Midlands Regional Spatial Strategy Policies: CF9 (Sites for Gypsies and Travellers)

Local Plan: Shrewsbury and Atcham Borough Local Plan Policies GP1 (General Requirements for Development), HS4 (Development in the Rural Areas) and LNC3 (Development in the Countryside).

Conditions

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

Page 41 of 48 Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans and details.

2. The trailer hereby permitted shall only be used as a domestic store and ancillary accommodation in association with the caravan as approved by application 09/00758/FUL dated 5th August 2009. When the caravan ceases to be occupied by Miss Hora the trailer as hereby permitted shall be removed within one calendar month.

Reason: To ensure personal occupation of the site only.

3. The trailer shall remain positioned as shown on the submitted plan and shall remain painted green unless otherwise agreed in writing by the local planning authority. If the trailer is to be replaced, the details of the replacement shall first be agreed in writing by the local planning authority and the replacement shall then be carried out as agreed.

Reason: In order to protect rural amenity.

Development Management Report

Application Number: 09/01738/FUL Parish: Leebotwood

Grid Ref: 348016 - 297995

Proposal: Application under Section 73a of the Town and Country Planning Act 1990 for the erection of a timber 5 bay stable building (to include 1 barn, 1 stable, 2 haystores and 1 lock up store), 2 timber sheds and 2 freestanding feeding shelters (part retrospective)

Site Address: Field No. 9111, Rear Of Primrose Bank Leebotwood Church Stretton Shropshire

Applicant: Mrs Karen Emery

Case Officer: Mrs Jane Raymond email: [email protected]

1.0 THEPROPOSAL 1.1 This application relates to the erection of a 5 bay stable building to provide 1 open hay barn, 2 open hay stores, 1 stable and 1 lock up store in addition to 2 freestanding feeding shelters and 2 sheds one of which is a small garden type shed and the second a larger lock up store that will be situated adjacent to the proposed stable building. The application is part retrospective as the majority of the development has already been implemented including the feeding shelters, part of the stable building and the small shed.

2.0 SITE LOCATION/DESCRIPTION 2.1 The proposed buildings will be situated at the bottom of a field which extends to 13.5 acres used for the grazing of horses and to make hay to feed the horses. The field is situated outside the village of Leebotwood and is accessed via a field gate off the road to Cardington. The field is surrounded by mature hedges and trees and is fairly level but slopes down away from the access gate. There are no residential properties nearby and the proposed buildings will not be visible from any public highway.

In addition to the feeding shelters and 4 sections of the stable building that have already been erected a caravan has been parked at the site for which permission has previously been refused. No action has been taken as yet to remove this caravan as it will no longer be needed by the applicant if approval is given for the proposed buildings.

Page 43 of 48 3.0 RECOMMENDATION 3.1 Recommend approval

4.0 REASON FOR COMMITTEE 4.1 The Parish Council has submitted a view contrary to officers based on material planning reasons and these views cannot be overcome by negotiation or imposition of planning conditions.

5.0 RELEVANT PLANNING HISTORY 5.1 08/1513/F – Erection of a timber framed 4 bay stable block (to include stable, 2 open hay stores, and a lock up store), 2 freestanding feeding shelters, 1 shed and the siting of a caravan. Refused 20th January 2009.

6.0 CONSULTEE RESPONSES 6.1 Leebotwood Parish council – Opposes this development as it is retrospective, is excessively large and substantial for the purposes outlined and drainage is also considered to be an issue as a brook traverses the field.

7.0 PUBLIC REPRESENTATIONS 7.1 None received

8.0 PLANNING POLICY 8.1 Central Government Guidance: PPS7: Sustainable Development in Rural Areas

West Midlands Regional Spatial Strategy Policies: 8.2 QE6: The Conservation, Enhancement and Restoration of the Region’s Landscape

Local Plan: 8.3 GP1: General Requirements for Development LNC3: Development in The Countryside

9.0 THEMAINPLANNINGISSUES 9.1 The main planning issues in determining this application are the principle and scale of the development, the impact on the character and appearance of the landscape and access and drainage.

10.0 OFFICERAPPRAISAL 10.1 Principle and Scale of the Development 10.1.1 The buildings will be situated in a field that is currently used as a paddock for 6 horses owned by the applicant and to make hay to feed the horses. The principle of the erection of a stable and building for the storage of hay in this rural location is acceptable. A similar scheme has previously been submitted

Page 44 of 48 (08/1513/F) and was refused for the following reason:

‘Whilst the Local Planning Authority raises no objection to the erection of the 4 bay stable block, 2 free standing feeding shelters and a shed, it considers that the siting of a caravan would have an undesirable harmful impact on the appearance of the locality and would be contrary to Policies GP1 and LNC3 of the Borough Local Plan’.

10.1.2 The majority of the main stable building to be erected is an open fronted building to be used for the storage of hay. Only one stable is provided as the horses remain out on the field all year and can shelter in the 2 proposed feeding shelters. The proposal includes a shed and lock up store and one of the bays of the stable building is also a lock up store. These are required to provide secure storage for saddle and tack, one to house a pony trap and as the Caravan is to be removed from the site will also be used as a shelter and toilet facility whilst the applicant is at the site riding and tending to the horses.

10.1.3 The use of the buildings is considered acceptable and the size of the proposed buildings are commensurate with the size of the field and the 6 large horses that are kept at the field.

10.2 Impact on the Character and Appearance of the Landscape 10.2.1 The proposed building will be situated at the bottom of the field and will not be visible from any public highway. The buildings are timber framed with timber panels to the external walls and a corrugated steel roof. The design of the buildings are inoffensive and appropriate to the use proposed and will not have a significant adverse affect on the character and appearance of the open countryside.

10.3 AccessandDrainage No new access is proposed and the entrance to the site is via an existing field gate at the top of the site. A rutted access track has formed by vehicles travelling to the bottom of the site where the buildings will be situated but no hard surfaced track is to be formed. In addition no hard surfacing is proposed around the proposed buildings and there is not a requirement for any surface water drainage as the water off the roofs of the buildings will simply percolate into the ground as existing. In addition there is no requirement for foul water drainage.

11.0 CONCLUSION 11.1 The proposed buildings will have no significant adverse affect on the character and appearance of the open countryside and are considered acceptable and appropriate for the use proposed.

LIST OF BACKGROUND PAPERS HUMAN RIGHTS Article 8 give the right to respect for private and family life and First Protocol

Page 45 of 48 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 the report. Risk Management Appraisal N/A Community / Consultations Appraisal Included within the report Member Champion Councillor Martin Taylor-Smith Local Member Councillor Tim Barker Appendices None

Reason for Approval

The proposed buildings will have no significant adverse affect on the character and appearance of the open countryside and are considered acceptable and appropriate for the use proposed. In determining the application the Local Planning Authority gave consideration to the following policies:

Central Government Guidance: PPS7: Sustainable Development in Rural Areas

West Midlands Regional Spatial Strategy Policies: QE6: The Conservation, Enhancement and Restoration of the Region’s Landscape

Local Plan: GP1: General Requirements for Development LNC3: Development in The Countryside

Page 46 of 48 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 shall be as indicated on the deposited plan, no alterations shall be made to these materials without the express consent in writing of the Local Planning Authority.

Reason: To ensure a satisfactory appearance to the development.

4. The stable and buildings hereby approved shall only be used for the personal use of the applicant and not for any commercial uses such as livery, stud, riding school etc.

Reason: In the interests of visual and neighbouring amenity.

5. There shall be no hard surfacing of any part of the site unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure a satisfactory appearance to the development.

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