Planning Committee (East)

PLANNING COMMITTEE (EAST)

14 November 2012

MINUTES

Held at Main Hall, Kineton High School, Banbury Road, Kineton, Warwickshire, CV35 0JX Meeting commenced: 6.00 p.m. Meeting ended: 8.57 p.m.

Present: Councillor Simon Jackson (Chairman), Councillors P Barnes, R Cheney, R Hamburger, S Kittendorf, C Mills, A Scorer, C Spencer, C Williams and R Wright

Apologies: Councillor Danny Kendall, Substituted by Councillor Alan Scorer Councillor Gillian Roache, Substituted by Councillor Richard Hamburger

469. Disclosure of Interests

All members of the Committee disclosed that they had received communications in respect of application 12/01219/FUL.

Councillor Jackson made the following declarations in respect of application 12/01384/VARY:

• when the previous application for the site (ref: 06/02535/FUL) he had disclosed that his son was personally known to the applicant. For consistency, he made the same disclosure; and

• he had received a letter from George West that had been addressed to Councillor Williams.

Councillor Kittendorf disclosed that the applicant for application 12/01219/FUL was personally known to him.

470. Minutes

The Minutes of the meeting held on 24 October 2012 were approved and signed subject to the following amendments:

• the insertion of a note before 416 indicating that Councillor Barnes had attended the meeting after application 12/00048/FUL had been determined; and

• the deletion of the name of Cllr I Seccombe (District Council Ward Member) from the list of speakers on application 12/01298/FUL.

471. Application No. 12/01384/VARY - The Grange, Hardwick Road, Priors Marston, Southam CV47 7SG

Councillor Williams, as Ward Member, withdrew from the table during the discussion and from voting on this application and took no part in the proceedings other than to address the Committee as Ward Member.

APPLICANT Mr N Hollick APPLICATION SITE The Grange, Hardwick Road, Priors Marston PROPOSAL Variation of condition nos. 1 (shooting days), 2 (one-to-one tuition) and 10 (time limit for removal of existing facilities) of planning permission ref. 06/02535/FUL SPEAKERS Jenny Ellard – Clerk to Priors Marston Parish Council – Objecting Christopher Hodgson (Chairman Priors Hardwick Parish meeting) – objecting Ivan Harvey - objecting Karl Middleditch (Applicants Agent) Mr N Hollick (Applicant) – answered members questions Cllr Jennie Ellard – adjoining Ward Member – supporting Cllr Williams (District Council Ward Member)

Updates since the preparation of the Officer’s report were circulated to the Committee as set out on the attached sheet.

Having considered the application and the representations made at the meeting, the Committee, by 6 votes to 3 votes, supported the Officer’s recommendation and

RESOLVED:

That Planning Application 12/01384/VARY be GRANTED subject to the following (the detailed wording of which be delegated to Officers):

• the 10 conditions contained in the report, with condition 1 being amended in accordance with the update sheet.

472. Application No. 11/02012/FUL - Churchill Farm, Alderminster, CV37 8NU

APPLICANT Mr Martin Johnson APPLICATION SITE Churchill Farm, Alderminster PROPOSAL Demolition of existing general storage building and the erection of indoor horse riding arena and associated works SPEAKERS None

Updates since the preparation of the Officer’s report were circulated to the Committee as set out on the attached sheet.

Having considered the application and the representations made at the meeting, the Committee unanimously supported the Officer’s recommendation and

RESOLVED:

That, subject to the signing of a Section 106 Agreement revoking the indoor riding arena approved as part of 04/00280/FUL, Planning Application 11/02012/FUL be GRANTED subject to the following (the detailed wording of which be delegated to Officers):

Planning Committee (East) 14 November 2012

• the 7 conditions contained in the report; • condition 8 as contained in the update sheet; and • the 4 notes contained in the report.

473. Application No. 12/01219/FUL - Top New Zealand Farm, Napton Road, Stockton, Southam CV47 8HU

Councillor Kittendorf, as Ward Member, withdrew from the table during the discussion and from voting on this application and took no part in the proceedings other than to address the Committee as Ward Member.

APPLICANT Mr Jon Sensecall APPLICATION SITE Top New Zealand Farm, Napton Road, Stockton PROPOSAL Erection of a new agricultural workers dwelling SPEAKERS Cllr John Veasey Napton Parish Council – Supporting Mr Bill Robinson/H Collarson – Stockton PC - supporting John Sensecall – Applicant Cllr Kittendorf (District Council Ward Member)

Updates since the preparation of the Officer’s report were circulated to the Committee as set out on the attached sheet.

Having considered the application and the representations made at the meeting, the Committee, by 6 votes to 3 votes, did not support the Officer’s recommendation. By 6 votes to 0 votes with 3 abstentions, the Committee approved reasons for not supporting the recommendation and by 7 votes to 0 votes with 2 abstentions

RESOLVED:

That, subject to the expiry of the consultation period relating to the revised Certificate C (20 November 2012), Planning Application 12/01219/FUL be GRANTED subject to the following conditions (the detailed wording of which be delegated to Officers):

Standard conditions appropriate for new residential development and the standard “Agricultural worker’s” condition relating to the occupancy of the new dwelling.

Reason for not supporting officer’s recommendation:

The Committee noted that the tests for justification of new agricultural workers in the open countryside were the “Financial” and “Functional” test. The financial test was met and Committee considered that, in the light of the site specific circumstances, the functional test was also passed. The Development was therefore assessed to be in compliance with National Planning Policy Framework paragraph 55. The design of the dwelling was also acceptable.

Planning Committee (East) 14 November 2012

474. Application No. 12/01170/FUL - Dog Lane Fisheries, Napton-on-the-Hill, Southam, CV47 8LT

APPLICANT Mr Edward Whitehead APPLICATION SITE Dog Lane Fisheries, Napton-on-the-Hill PROPOSAL Change of use of part of field for the siting of 10 touring caravans SPEAKERS Alan Bloor – Applicants Agent Cllr Kittendorf (District Council Ward Member)

Updates since the preparation of the Officer’s report were circulated to the Committee as set out on the attached sheet.

Following the representations made at the meeting, there was uncertainty concerning the scale and lawfulness of existing camping activities within the application site. Accordingly, by a unanimous vote the Committee

RESOLVED:

That Planning Application 12/01170/FUL be DEFERRED to enable the planning history relating to the use of the land for camping to be definitively established.

475. Application No. 93/01296/OUT - Land Off, Warwick Road, Wellesbourne

Councillor R Wright, as Ward Member, withdrew from the table during the discussion and from voting on this application and took no part in the proceedings other than to address the Committee as Ward Member.

APPLICANT Stratford-on-Avon District Council APPLICATION SITE Land Off, Warwick Road, Wellesbourne PROPOSAL Variation of Section 106 linked to application 93/01296/OUT to allow £26,250 to be spent as a contribution towards the capital cost of construction of the new Village Sports and Community Hall at Wellesbourne SPEAKERS Cllr R Wright (District Council Ward Members)

Having considered the application and the representations made at the meeting, the Committee unanimously supported the Officer’s recommendation and

RESOLVED:

That the relevant clauses of the Section 106 “Agreement Two” be varied in accordance with the report.

476. Urgent Business

There were no items of urgent business.

CHAIRMAN

Planning Committee (East) 14 November 2012

Minute Item 471

Update Report

Planning Committee 14 November 2012

12/01384/VARY – The Grange, Hardwick Road, Priors Marston

Additional applicant’s comments

The Applicant and his agent have engaged with residents both individually and at public meetings in both Priors Marston and Priors Hardwick.

The proposal accords with Local Plan Policies CTY.4, CTY.10, COM.16 and COM.17 and with paragraph 28 of the National Planning Policy Framework – which has particular regard to the rural economy.

Clay Pigeon shooting is a sport for all and the Applicant provides lessons not only for the able bodied but also for the disabled and/or impaired and the proposed new Clubhouse will fully cater for all groups of people. Sports for this particular group of people have been growing in popularity following on from our Paralympic success. Young people are particularly encouraged to visit the site with various schools from the local area taking group lessons.

88% of households in the two villages (total 331) have not objected to the proposals. Many of the silent are of the belief that by not making representations they are showing support.

All Councillors in adjacent Wards including Wards in Stratford District and South Northamptonshire District Council areas have indicated their wholehearted support for this proposal which brings business to their areas. The South Northamptonshire Councillor lives in close proximity to the site.

The extension of the days whereby shooting is permitted, particularly Saturday, will provide an opportunity for those who are unable to attend during the week because of their employment.

The permitted use of high velocity cartridges will not alter with this proposal.

Although there is no requirement to do so, Honesberie Shooting are now actively discussing methods of further sound reduction with Stratford District Council.

Plan provided showing the site in relation to roads and adjacent settlements.

WARD MEMBER

Councillor Wise

“I support the planning application. It would be an asset to the area and add to the general amenities of the area”. (12.11.12)

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Schedule of proposed amendments

Day Permitted on appeal New proposals Sunday No shooting No shooting Monday (if not a bank No shooting Shooting including one- holiday or Remembrance to-one tuition – high Day) velocity cartridges can be used by one tutor on one of the permitted days per week Bank Holiday Mondays No shooting No shooting Tuesday (if not a Bank Shooting and one-to-one Shooting and one-to-one Holiday or Remembrance tuition, but no high tuition – high velocity Day) velocity cartridges cartridges can be used by one tutor on one of the permitted days per week Wednesday (if not a Bank Shooting including one- Shooting including one- Holiday or Remembrance to-one tuition – high to-one tuition – high Day) velocity cartridges can be velocity cartridges can be used by one tutor on one used by one tutor on one of the permitted days per of the permitted days per week week Thursday (if not a Bank Shooting including one- Shooting including one- Holiday or Remembrance to-one tuition – high to-one tuition – high Day) velocity cartridges can be velocity cartridges can be used by one tutor on one used by one tutor on one of the permitted days per of the permitted days per week week Friday (if not Good Friday Shooting including one- Shooting including one- or other statutory bank to-one tuition – high to-one tuition – high holiday, or Remembrance velocity cartridges can be velocity cartridges can be Day) used by one tutor on one used by one tutor on one of the permitted days per of the permitted days per week week Saturday (if not No shooting One-to-one tuition only – Remembrance Day) no high velocity cartridges Sunday No shooting No shooting Other Bank Holidays, No shooting No shooting (e.g. Christmas Day) and Remembrance Day Other conditions regarding hours of use, number of one-to-one tuition sessions, corporate days and competition days remain the same.

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Conditions

Amended Condition 1

There shall be no shooting of clay targets on Sundays, Christmas Day, Good Friday or Remembrance Day or any statutory Bank Holiday Monday. Shooting of clay targets is also permitted on Saturdays but is limited to one-to-one tuition in accordance with the requirements of condition 2.

11/02012/FUL – Churchill Farm, Alderminster

History/Background

05/02670/FUL Conversion of barn to 2 holiday lets Granted 30.03.2006

Parish Council (additional comments)

Alderminster Parish Council would like to offer their apologies for not attending the planning meeting. Unfortunately the meeting conflicts with a Parish Council meeting on the same evening. However having now been able to read the officer's report and recommendations the members would advise you that providing the conditions recommended by the officer (ie restricted use of the driveway for private purposes of the new dwelling and improvements to the layout of the exit/entrance to the A3400 to the approval of the County Council Highways Department) are imposed then the Parish Council would withdraw their previous objections. (13.11.12)

Conditions

Additional Condition

8. Submission of a detailed drainage scheme for written approval and thereafter the development shall be implemented in full accordance with these approved details.

12/01219/FUL – Land at Top New Zealand Farm, Napton Road, Stockton

1 additional letter of objection received from new owners of Lakeside. Comments made;

“As the closest resident to the proposed development, we object to the application on the grounds that it will breach the tranquillity and peace for which we chose the location when we moved just four months ago.”

12/01170/FUL – Dog Lane Fisheries, Dog Lane, Napton

Napton Parish Council

The overall feeling is that whilst NPC fully supports improving Napton’s tourist facilities, however, we do not feel that the highways issues totally covers the Appeal Inspector’s reasons for dismissing the Appeal. Please find attached photographs which show the visual impact of the caravans from vantage points in the Parish and a photograph of the tents, which seem to blend more into the landscape. If siting the caravans in the next field, behind the second hedge in,

Page 3 reduces the visual impact from the village, NPC would support the caravans being located there.

We do note that improved vision splays are required, especially when leaving the site and NPC would want to ensure that this work was carried out as we have grave concerns regarding the speed of traffic travelling along the Priors Marston Road. Perhaps the wording ‘ and the client should seek to provide these ’ is not stipulated in strong enough language, given the previous history of the site. NPC would seek to have this point being reinforced through a specific planning condition. (02.11.12)

History/Background

Page 67, Paragraph 2 of History/Background section, the additional text is added;

The reference to the camping area is based upon anecdotal evidence and documents submitted by the applicant/agent. I acknowledge that the site has been used for the purposes of camping for some time, however, it transpires that no permission has been granted either through a planning application or Lawful Development Certificate for the use of land for camping.

Principle of Development

Page 67, Additional paragraph within the Principle of Development Section;

The Stratford on Avon District Corporate Strategy seeks to create “A District where Business and Enterprise can flourish”. One of the priorities of this aim is to support the rural economy and tourism within the District. I consider that the proposed development actively supports this priority.

Impact on the Character and Amenity of the Local Area

Page 68, Paragraph 8 of Impact on the character and amenity of the local area section, the following wording to be amended;

“31 March to 1 October” to be replaced with 1 March to 31 October.

Paragraph 1 of Page 69 to be amended to read;

I also consider that another mitigating factor in the assessment of this case that I consider weighs in favour of the scheme is that the proposed touring caravan plots are to be sited on an area of land that is currently being used for camping purposes. As noted within the History/Background section update, the existing camping pitches in the same location do not have the benefit of planning permission but have been in use for a significant period of time in the current position. This area has therefore been used during this period and there would be temporary structures in this location. Notwithstanding that the tents do not benefit from planning permission, I am satisfied that restricting the use of the site to 1 March - 31October is sufficient to mitigate the visual harm when balanced against the economic benefits the development would bring.

Impact on the Public Footpath

Page 70. Section to be replaced with revised wording as detailed below;

The site edged red submitted with the application is intersected by the line of a public footpath as detailed on the definitive footpaths map. The ‘beaten track’ of

Page 4 footpath that can be seen on the site appears to follow the field boundary and would be slightly affected by the proposal. Notwithstanding this, the legal line of the footpath is unaffected by the proposed pitches and is intersected by the access track only. Therefore, I do not consider that a Footpath Diversion Order is required.

I consider it appropriate to add an informative note advising that it is a criminal offence to obstruct the legal line of the Footpath

Conclusion

Page 70 – Conclusion section. Add the following text to first paragraph of section;

The proposal is also considered to accord with Aim 2 of the Stratford on Avon District Corporate Strategy that seeks to create “A District where Business and Enterprise can flourish” by supporting the rural economy and tourism within the District.

Conditions

Amendments to wording of Conditions as follows;

Condition 4;

No part of the application site shall be used for the purposes of siting of caravans until a plan detailing the area of the public highway to be widened to a width of 5.5 metres for a distance of at least 20 metres adjacent to the site access junction has been submitted to and approved in writing by the District Planning Authority in consultation with the County Highways Office and thereafter the works shall be carried out strictly in accordance with the approved details prior to first use of the land.

Condition 5;

No part of the land hereby permitted shall be used for the purposes of siting of touring caravans until the access has been upgraded to include visibility splays with an x’ distance of 2.4m and ‘y’ distance of 160m to the near edge of the public highway to the satisfaction of the County Highways Officer. Thereafter, the visibility splays shall be retained and maintained wholly in accordance with these standards in perpetuity.

Additional Condition as follows;

12. No works or development shall take place until full details of soft landscape proposals have been submitted to and approved in writing by the District Planning Authority and these works shall be carried out as approved.

• Planting plans • Written specifications • A schedule of plants noting species, plant sizes and proposed numbers • Existing landscape features such as trees, hedges and ponds to be retained accurately plotted (where appropriate) • Existing landscape features such as trees, hedges and ponds to be removed accurately plotted (where appropriate) • Existing and proposed finished levels (to include details of grading and earthworks where appropriate)

Page 5

The soft landscaping approved as part of this condition shall be completed within the first planting season following the first occupation of the dwelling hereby permitted.

Any planting that is removed, uprooted, severely damaged, destroyed or dies within five years of the date of planting shall be replaced by the approved type planting by the end of the first available planting season.

Reason: To ensure a high standard of landscape within the development and to increase the boundary screening for the site when viewed from the public highway.

Notes

Revised wording to Note 5 - Footpath Note:

It is a criminal offence to obstruct a public right of way and planning permission does not authorise development upon the legal line of Public Footpath SM42C. If the development commences and affects the legal line of the footpath, Warwickshire County Council will require the owner to remove a sufficient part of the development, to enable members of the public to use the legal line.

93/01296/OUT - Land off Warwick Road, Wellesbourne

No updates.

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