PLANNING and DEVELOPMENT COMMITTEE Is at 6.30Pm on THURSDAY, 13 JUNE 2013 at the TOWN HALL, CHURCH STREET, CLITHEROE
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RIBBLE VALLEY BOROUGH COUNCIL please ask for: OLWEN HEAP Council Offices direct line: 01200 414408 Church Walk CLITHEROE e-mail: [email protected] Lancashire BB7 2RA my ref: OH/CMS Switchboard: 01200 425111 your ref: Fax: 01200 414488 date: 3 June 2013 www.ribblevalley.gov.uk Dear Councillor The next meeting of the PLANNING AND DEVELOPMENT COMMITTEE is at 6.30pm on THURSDAY, 13 JUNE 2013 at the TOWN HALL, CHURCH STREET, CLITHEROE. I do hope you can be there. Yours sincerely CHIEF EXECUTIVE To: Committee Members (copy for information to all other members of the Council) Directors Press Parish Councils (copy for information) AGENDA Part I – items of business to be discussed in public 1. Apologies for absence. 2. To approve the minutes of the last meeting held on 23 May 2013 – copy enclosed. 3. Declarations of Interest (if any). 4. Public Participation (if any). DECISION ITEMS 5. Planning Applications – report of Director of Community Services – copy enclosed. Chief Executive: Marshal Scott CPFA Directors: John Heap B.Eng. C. Eng. MICE, Jane Pearson CPFA 6. Ribble Valley Core Strategy – Evidence Base Employment Land Review – report of Chief Executive – copy enclosed. NB: Peter Crompton, the Council’s Consultant on the Employment Land Review, will be present to answer questions on this item. INFORMATION ITEMS 7. Core Strategy Update – Minutes of Working Group dated 10 May 2013 – copy enclosed. 8. Appeals: a) 3/2012/0843/P – Change of use from Bakery (Class A1) to Betting Shop (Class A2) including alterations to shop front and signage (1 internally illumined fascia sign and 1 illuminated hanging sign). Includes erection of 3, 900mm satellite dishes to roof of ground floor rear outrigger – appeal dismissed. b) 3/2012/0723/P – Demolition of existing stable block and erection of 2 x two storey four bedroom detached houses and garage block at former stables, Trapp Lane, Simonstone – appeal dismissed. c) Cost decision - 3/2012/0723/P - Demolition of existing stable block and erection of 2 x two storey four bedroom detached houses and garage block at former stables, Trapp Lane, Simonstone – application for the award of costs refused. Part II - items of business not to be discussed in public None. INDEX OF APPLICATIONS BEING CONSIDERED MEETING DATE: 13 JUNE 2013 Application No Page Officer Recommendation Site A APPLICATIONS REFERRED BACK TO COMMITTEE FOR APPROPRIATE CONDITIONS NONE B APPLICATIONS WHICH THE DIRECTOR OF COMMUNITY SERVICES RECOMMENDS FOR APPROVAL 3/2012/0870/P 1 CS AC Dove Syke Eaves Hall Lane, West Bradford 3/2012/0954/P 12 GT AC Lower Gazegill Cross Hill Lane, Rimington 3/2013/0145/P 23 GT AC Towneley Auction Rooms Towneley Road, Longridge 3/2013/0315/P 33 MB AC Anam Cara Birks Brow, Thornley 3/2013/0411/P 37 MB AC The Tile Co Friendship Mill, Read C APPLICATIONS WHICH THE DIRECTOR OF COMMUNITY SERVICES RECOMMENDS FOR REFUSAL 3/2013/0336/P 42 GT R 4 The Green Osbaldeston D APPLICATIONS UPON WHICH COMMITTEE DEFER THEIR APPROVAL SUBJECT TO WORK DELEGATED TO DIRECTOR OF COMMUNITY SERVICES BEING SATISFACTORILY COMPLETED NONE E APPLICATIONS IN ‘OTHER’ CATEGORIES NONE LEGEND AC Approved Conditionally JM John Macholc GT Graeme Thorpe R Refused SW Sarah Westwood MB Mark Baldry M/A Minded to Approve CS Colin Sharpe CB Claire Booth AD Adrian Dowd SK Stephen Kilmartin DECISION RIBBLE VALLEY BOROUGH COUNCIL REPORT TO PLANNING AND DEVELOPMENT COMMITTEE Agenda Item No meeting date: THURSDAY, 13 JUNE 2013 title: PLANNING APPLICATIONS submitted by: DIRECTOR OF COMMUNITY SERVICES PLANNING APPLICATIONS UNDER THE TOWN AND COUNTRY PLANNING ACT 1990: APPLICATION NO: 3/2012/0870/P (GRID REF: SD 373163 445294) CHANGE OF USE OF AN AGRICULTURAL BUILDING WITH OFFICE AND STAFF FACILITIES TO MIXED USE FOR AGRICULTURAL, OFFICE, STAFF FACILITIES, CIDER MAKING AND HOLIDAY COTTAGE USE (PART RETROSPECTIVE) AT DOVE SYKE NURSERY, EAVES HALL LANE, WEST BRADFORD BB7 3JG PARISH COUNCIL: Has no objections to the change of use for staff facilities and a cider making plant. The Parish Council, however, objects to the conversion of part of the building into a holiday cottage. Councillors feel that this may set a precedent for other agricultural buildings of this type of construction to be converted into holiday and permanent homes within the Parish and feel the application should be refused as the building is not suitable as a residential property. ENVIRONMENT No objections to the application on highway safety grounds DIRECTORATE although the combination of commercial unit and holiday (COUNTY SURVEYOR): accommodation is unusual, the two bedroom holiday unit would have no discernable impact on the safe operation of the adjacent highway and as such no objection is raised to its provision. However, it will be necessary to provide a clear route to and from the holiday accommodation distinct from and not impeded in any way by the operation of the commercial unit. This will include the introduction of designated and permanently marked parking spaces for two vehicles. A plan should therefore be submitted that shows a designated route to the holiday accommodation and the associated parking spaces. ADDITIONAL Three letters of objection have been received. Two of these REPRESENTATIONS: are identical letters from the owners/occupiers of two nearby dwellings. The third is from a planning consultant acting on behalf of those local residents. The observations and objections contained in the letters are summarised as follows: 1. The proposal relates to an unsightly and inappropriate building in the AONB and to uses which give rise to significant noise nuisance, cause physical damage to the local access lane and result in traffic danger. 1 2. Permission 3/2007/0603 for the erection of an agricultural building with office and staff facilities was subject to 9 conditions, numbers 3 and 6 of which require the submission and approval, prior to the commencement of development, of important details relating to site levels, site plans and elevations and a scheme for the disposal of foul and surface water. Condition number 5 required the submission and approval of details of walls, roofing and window surrounds prior to their use in the proposed works. No details have ever been submitted to discharge these conditions. As these prior submission details go for heart of the planning permission, the whole of the building as it stands and the uses approved are unauthorised and do not benefit from any planning permission. The reference in the application to ‘part retrospective’ is therefore inaccurate and the whole of the proposal falls to be considered anew. 3. This building was to be used for agricultural purposes with office and staff facilities, the last two uses clearly intended to be ancillary to the principal agricultural use. That agricultural use, which mainly involved the growing and sale of Christmas trees is now a minor part of the use of this site. Other uses appear to include cider making, mainly from imported juice, the importation for sale of Christmas trees not grown at the site (this is a retail use) the retail and wholesale selling of cider on site and the holding of festivals. Some of these activities take place outside the hours of operation restrictions imposed by condition 9 of permission 3/2007/0603. 4. Not only is the building unauthorised but it has also been substantially altered from the scheme previously approved by the addition of windows, doors and first floor accommodation. The proposal therefore falls to be considered against relevant policies of the Local Plan. In terms of building design, the proposal which involves a utilitarian building of no design merit is clearly contrary to Policies G1 and ENV1 both of which require a high standard of building design particularly in an AONB location. 5. With regards to the use of the site, the trees which are sold are largely imported on to the site. This is therefore a change of use from a growing nursery to a retail use which requires planning permission. 6. The use of the site for cider production and sale is similarly not an agricultural use in that it relies very substantially on imported juice. Of great concern to neighbours is that this could give rise to 45,000 litres 2 using existing equipment. The additional juice is brought into the site on heavy commercial vehicles which are clearly unsuitable for the access track and cause significant damage to the neighbouring residents’ access. What has now been created on site is an industrial use for which planning permission is required. 7. The use of the site for cider and beer festivals that take place four or five times a year result in a high level of noise and disturbance late into the night. Whilst these festivals are licensed under other legislation they are however required to operate under planning controls. Uses of this site by customers are restricted by condition 9 to daytime hours and must cease by 6pm (4pm Sundays). The festival use outside of these hours therefore requires planning permission. 8. The proposed use of the building as a ‘holiday let’ as described in paragraph 5.3 of the Planning Statement is clearly an on-site residence for use by the applicants and not a holiday let. From the layout of the building it is also clear that it could not be let independently. As such the application description of the holiday let is clearly misleading and inaccurate and the proposal should be evaluated as an on-site dwelling. 9. The proposal is contrary to Policies G1 and ENV1 by virtue of its design and fails to meet the requirements of Policy G1 as it is not sympathetic in terms of size, intensity and nature; the access arrangements are clearly inadequate for the proposed uses; the materials are not sympathetic to the character of the area; and, above all, it will adversely affect the amenities of neighbour and therefore fails the principal test of Policy G1.