'1'0: Chris Fridlingtoii 7 19 November 2009 From: Louckia Taylor
Re: Green Farm,King 8terndale,8106 Unilateral Undertaking
Chris,
I attach a copy of the draft Unilateral Undertaking which I have amended and returned to the applicant. You raised several issues in your instruction form, which I will deal with below.
1. I don't think it matters that the resolution states that the approval is subject to entry into a s106 agreement, and they have offered a Unilateral Undertaking. The effect is the same and the UU would be acceptable instead of an I' _ agreement - we do not need to re-draft it as an agreement. - VI. i) f fd\f\.Jl..,{'"'l
2. You also highlighted in your instruction form the fact that the wording of the UU does not conform with part of the Committee resolution. The resolution approves the permission: "... subject to entry into a s1061egal agreement securing the refurbishment works to Barn 3..."
The refurbishment works to Barn 3 are not currently included in the s106 obligations, as they are presumably required as part of the planning permission itself and would not normally be requirements in a s106. However, it appears that the reason it was included in the resolution is that the report envisages that the proposed works to Barn 3 be completed before first occupation. I could put in an obligation that the Development be completed before first occupation of Barn 3, although this would mean amending the deed so that the obligations also extend to the subsequent owner of Barn 3(which they don't at the moment - see clause 3.4). The other way of doing it would be to make this a requirement in the planning permission. -
Perhaps we c01.!ld disyuss how lhis issue should be deall'l'ith. C I I "J ( I - I ~tk Cvf ev. c<-f(JlcJ (Jrl~ CN1 01' 'l ""-- V-Ju- r:! 3. You questioned whether the mechanism proposed in the draft s106 is d-<.J ~( sufficient to secure works to Barns 1and 2. I believe that the UU is sufficient J..J in this regard. It imposes obligations on the owner of Green Farm to submit an 1.-' approved scheme for Barns I and 2 for the Authority's approval before commencing development, and to fully implement the scheme within 2 years of the first sale of Barn 3. It requires the owner, in the event of a sale of Barn 3, to apply the net proceeds of sale of Barn 3to the cost of repair, refurbishment and improvement of Barns 1and 2 and the courtyard, in the order set out in Schedule 4, and up to a maximum value of the net proceeds of sale. Let me know if you think there is anything of concern with this. - I "'1 "'J ~c.,f'{1
Louckia ( To: Chris Fridlington 19 November 2009 From: Louckia Taylor
Re: Green Farm, King 8terndale, 8106 Unilateral Undertaking
Chris,
I attach a copy of the draft Unilateral Undertaking which I have amended and returned to the appl icant. You raised several issues in your instruction form, which I will deal with below.
I. I don't think it matters that the resolution states that the approval is subject to entry into a sl06 agreement, and they have offered a Unilateral Undertaking. The effect is the same and the UU would be acceptable instead of an agreement - we do not need to re-draft it as an agreement.
2. You also highlighted in your instruction form the fact that the wording of the UU does not conform with part of the Committee resolution. The resolution approves the permission: "... subject to entry into a slO61egal agreement securing the refurbishment works to Barn 3..."
The refurbishment works to Barn 3are not currently included in the sl 06 obligations, as they are presumably required as part of the planning permission itself and would not normally be requirements in a sl 06. However, it appears that the reason it was included in the resolution is that the report envisages that the proposed works to Barn 3 be completed before first occupation. I could put in an obligation that the Development be completed before first occupation of Barn 3, although this would mean amending the deed so that the obligations also extend to the subsequent owner of Barn 3(which they don't at the moment - see clause 3.4). The other way of doing it would be to make this a requirement in the planning permission.
Perhaps we could discuss how this issue should be dealt with.
3. You questioned whether the mechanism proposed in the draft sI06 is sufficient to secure works to Barns I and 2. I believe that the UU is sufficient in this regard. It imposes obligations on the owner of Green Farm to submit an approved scheme for Barns I and 2for the Authority's approval before commencing development, and to fully implement the scheme within 2 years of the first sale of Barn 3. It requires the owner, in the event ofa sale of Barn 3, to apply the net proceeds of sale of Barn 3to the cost of repair, refurbishment and improvement of Barns I and 2 and the courtyard, in the order set out in Schedule 4, and up to a maximum value of the net proceeds of sale. Let me know if you think there is anything of concern with this.
Louckia Tel: 01629 816200 Fax: 01629 816310 E-mail: customer,[email protected] Web: www.peakdistrict.gov.uk Minicom: 01629 816319 Aldem House. Baslow Road. Bakewell. Derbyshire. DE45 IAE ~------NATIONAL PARK AUTHORITY
Your ref NJSITCIWI L871/3
Pricketts Solicitors Ourref: LT/Green Farm 30 Great Underbank Dale: 17 November 2009 Stockport SK1 1NB
Dear Mr Seymour
Proposed Planning Agreement- Green Farm. Earl Sterndale Application Number: NP/HPKl0609/0493
Thank you for your letters dated 15 and 21 October with enclosures. I apologise for the delay in reverting to you.
I have now considered the draft Unilateral Undertaking, and enclose a copy of it with some proposed amendments for your consideration.
As to the Authority's fee for dealing with this, I would estimate that this would not exceed 200.
With regard to your comment about the risk of the application being disposed of, I confirm that any delays on the part of the Authority will of course not be attributed to your client when deciding whether the application should be disposed of on account of delays.
Turning to your client's title, I confirm that I do not wish to see a copy of the 1950 conveyance, but should be grateful if you would deal with the following:
1. I am returning the 1986 conveyance and would be grateful if you would provide a certified copy. 2. I note that the joint tenancy was severed. In these circumstances please confirm whether there has been/will be an assent vesting the legal estate in the name of a trustee. 3. Please confirm that there are no mortgages on the land.
I look forward to hearing from you.
Yours sincerely
Louckia Taylor Assistant Solicitor Legal Services
:4i', Member of the Association of National Park Author/ties Holder o(Council of Europe Diploma '. .
Chief Executive: Jim Dixon Chair: Narendra Bajaria CBE Deputy Chair: Trevor Bagshaw Working together for the Peak District National Park: -A special environment -A welcoming place at the heart of the nation -Vibrant communities and a thriving economy. THIS UNILATERAL UNDERTAKING is given on 2009
BY: STELLA ANN WILLIAMS of Green Farm, King Stemdale, Buxton, Derbyshire, SK17
9SL ('the Owner')
TO: PEAK DISTRICT NATIONAL PARK AUTHORITY of Aldem House, Baslow
Road, Bakewell, Derbyshire, DE45 IAE ('the Authority')
RECITALS
I. The Authority is the local planning authority for the purposes of th,e 1990 Act for the area
in which the Site is situated. / 2, The Owner is the freehold owner of the Site as sct out in Schedule 1. c 3, The Owner has by the Planning Application applied to the Authority for permission to "'\-" ; carry out the Development. 'c. '" /' 4, The Authority has decided to grant Planning Permission for thc Development In
accordancc with the Planning Application subject to conditions and subjcct to the making
of this deed without which Planning Permission for the Deyelopment would not ~. bel!t'l granted. tl'..~, .' s, The Owner is .prepared to' enter into,1h~d~}d'in ordcr to'secure thc planning obligations "';- .10 ,f' '! ,.t it creatcs. .,' C'" / I" 1.1. DefinitionS. ' / ~~o~~:g~~ses of~thi,~ deed the following expressions shall have,the following A~ ~ ,./ -. ~ 1.1.1. 'the 1990 Act' means the Town and Country Planning Act 1990, \,~\ ~:~ '" '1.1.2. 'the Approved Scheme' means a scheme of measures to repair and restore v. / ~ /'W. ~v.rtl "".C'.Bal"ns I and 2,::,s serout in Schedule 4 below, 1.1.3: 'Authority' includes the successors to the Authority as Local Planning Authority, 1.104. 'Bam 3' means the area shown coloured yellow on the Plan and 'Barns I and 2' means the area shown coloured green on the Plan and 'Barns J 2 ".h. and 3' together shall be read and construed accordingly, o/. -> .\"'- ~"M.R.l>c.N\/.l vw. IN&. $'W-w'''' cJ1~ """~ r """'- 1.1.5. 'the Commencement of Development' means the commencement of any material operation (as defined in the 1990 Act section 56(4)) fonning part of the Development other than (for the purposes of this deed and for 1 no other purpose) operations consisting of site clearance, demolition work, archaeological investigations, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, diversion and laying of services, erection of any temporary means of enclosure, the temporary display of site notices or advertisements and 'Commence the Development' shall be construed accordingly, I 1.J .6. 'the Date of Practical Completion' means the date of~ue of a certificate i of practical compleiion by the Owner's archited6;' if~e Development . ,fA' IS constructed by a party other than t,hzpwner,.b that other party's " z architect, "~~~ p~: 1.1.7. 'the QeveLopm,ent' means the ,~e ~(}t US .ot:-Bam :~J:-alld'IS ~. ( , fe.-f1lM/Yl'\""'- 0 ~~.r~ ~UUO.eA "" ~ . ftl>ri.A..oo..k"'" Olltg'"Id U:l gS-tG-a-slilgle-t>pen-fllllfket-dwellmghoosel V- 1.1.8. 'a Dwelling' means a dwell;;f~(JtClUdi;(g':""house,,,-r flat or maisonette) to be constructed pursuant to the PlanriingPermission and 'Dwellings' shall ':\ I .... be construed accoroingly, ~,''<'7 .1.9. 'Green Farm' mra:~~ti1}~~n(sdescribed in Schedule I, 1.1.10. 'to Occupy' means to~~y/or p;pnit or suffer to be occupied for the purp6te1>~~itted bY ,pfe Planning Permission and 'Occupation' and L;T .d li.o.. ,.... l:~ccuple 's all be construea accordmgly, J .1. ~.I~'~m1ts:::tlj'e'PI$~tached to this deed, l'!4.1.~,~e PliJ.~ng Application' means the planning applic~tion for full Plannin~mll1siOn for the Development dated 5th June 2009 submitted ( " ":) H (f '. by tlj,,>Owner to the Authority and allocated reference number \.If(IH'4'0(,OGl./clt'l.3 ( h LB. 'the~lanning Permission' means the full planning permission subject to ,~,c~itions to be ~an!ed by ,the Authority pursuant to the p.lannin g ...... o,~o'\;~.lS~~ . , . 'P~ PUMWI""': .~/Apphcatioi\}f s' set o'illm Schedule 2, c:wflI~ ~,cp~~" -( ,-::J ....,.,. ,AL,.! ~. ~ ~ ~ 0-fPnve.J.o ~ VOLflW...... ' 'lo CllwUh"IiVJ tl'7,:::A'";;, 'J.- 1.1.14. 'the Site' means Green Farm against which this deed may be enforced ~ . . . shown edged red on the Plan and described in Schedule I \ml-e-~ '" ,\ .\ ". ,\ 'i ,.,,' ,. ~ms h~ anQ.;l\ 1.2. Interpretation 1.2.1. Reference in this deed to any recital, clause, paragraph or schedule is, unless the context otherwise requires, a reference to the recital, clause, paragraph or schedule in this deed so numbered. 2 1.2.2. Words importing the singular meaning include the plural meaning and vice versa where the context so admits. 1.2.3. Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeable in that manner. 1.2.4. Wherever an obligation falls to be performed by more than one person, the obligation can be enforced against every person so bound jointly and against each of them individually unless there1: an '~xpress provision otherwise. 1"~'., /'/ ". ""- 1.2.5. Any reference to an Act of Pariiamel!t \~all include'llllY modification, . f h h . b /'fi' d extensIOn or re-enactment 0 t at&'A,i'\\' oct lor t e lIme emg~,,-,. In' orce an ~/' / . shall include all instrumentsyord~rs, pl. s~egulations, pe~issions and fi d lreclIons. or th e tnne. b cmg., /,\~ma\,~,"lssue // d 'or gIven. un der th at A ct or deriving validity from it. ~# 1.2.6, References to any'Party shall include thesu~cessors in title to that Party '''} " F~ and any person< uenvmg'lItf "'<".''''1 e thr oug h orun/7d er th at Party and' m th e case of the Authority the ~cess~';:~~-;;respective statutory functions. V;' "".' ,- 1.2.7. Headi~g-;'~~e they trti~cluded are for convenience only and are not '//d d ''''tl h(\'~' f h ~,-e,', toA m' , uence t e-l~terpretal1on 0 t e agreement. 2. Legal basis " ..~/~Q~<) 2.1. This'deed is matle.pursuant to the 1990 Act section 106. 21.~; h:~~~~is&~'treate planning obligations binding on the O~ner pursuant (~7~tOSection 106}of the 1990 Act and are enforceable as such by the Authority as \local plannin~'authority. ,~ /" 3. Conditioris;dura'ti' and enforcement ,\'11' , 3.1. Conditions precedent v This deed is conditional upon: 3,1.1. the grant of the Planning Permission, and 3.1.2. the Commencement of Development save for the provisions of clause 5, which shall come into effect immediately upon completion of this deed. 3.2. Duration 3.2.1. This deed shall cease to have effect, in so far only as it has not already 3 been complied with, if the Planning Pennission is quashed, revoked or otherwise withdrawn or, without the consent of the Owner, it is modified by any statutory procedure or expires before the Commencement of Development. 3.2.2. No person shall be liable for any breach of any of the planning obligations or other provisions of this deed after parting with his entire interest in the Site, but without prejudice to liability for any subsisting breach arising before parting with that interest. ~:~'V 3.2.3. Nothing in this deed shall prevent compliance/.<, with any obligation pursuant to it before that obligation comes)htb effect under this clause 3, and no such early compliance shall ap1\l'hnJ to a w~i~~r>{lf the effect of this clause 3. /~ ')0 3.3. Other development ~(. .~ /' Nothing in this deed shall prohibit odimit th;,pght to develop any part of the Site in accordance with a planning pennission ~tfier tha~the Planning Pennission) granted (whether or not on'appeal) after the date~~liis~ed. 3.4. Non-enforcement <-r~(,).~i>~...... Q" This deed shall not be enfdrceable again',fi owner-occupiers or tenants of I, ,..,.~,,',\X,....,-3-A""~ P!i Stnm1-1f~he nl'~' P .. 'h \ ""wettlllgs--corrsmi. r _, r 'annmg-,ernusslOn nor agamst t ose -----: ._~- -<'.~ --- -\ .. deriving,title from suc!Jowner-occupiers or tenants,~t .<",' (-' ",,,',....., .-, 'I ~~U"Jtt;~~~,*S<;~f;hal7:;'~;b;b~d~g~POn ~r enf~~~e:ble ~~,g~m~\" ~\.. ',~: {' .,' pV3.4.1. any;statutoty~u'ltdertakeror other person who acquires an~ part of Barns .(~~",_ I 2~d 3~ any interest in them for the purposes of the supply of ~~ ele!fiicity, gas, water, drainage, telecommunication services or public ,..)t" , .. transport servIces, , 'V' 3.4.~)~_ 'the Owner after she has diS~d of her interest in the Site, or in the event of a disposal of part, in the part,- disposed of, other than disposal of an interest in the nature of an easement or the benefit of a restriction or / similar, but not so as to release th~ Owner from any antecedent breach, 'non-perfonnance or non-obserVance of her obligations. 4. Owner's covenants The Owner covenants with the Authority as set out in Schedule 3. 4 5. Provisions of immediate effect 5\ Nothing in this deed shall create any rights in favour of any person pursuant to the Contracts (Rights of Third Parties) Act 1999. . _ ~ S". "l- 'Ih.Ow I'-V" ~~ r<":j \-b t4 ;\-vc~~ ~ G>vv-f.~""" ~ .~tluJ 1W. ~~ 6. Notices ~ cvM "'\_ V\....o.Av..~ V'\c~il \0'\. ~...b'-i ~~~ ~. _ -'!.9 one Party to any other under the terms of this deed shall be deemed to have been validly served or given if delivered by hand or sent by recorded delivery post to the Party upon whom it is to be served or to whom it is to be gi~en or as otherwise notified for the purpose by notice in wrIting. . /. '. 6.). The address for any notice or other written conllTIl:lni~ation shall be within the "." '\:. '. United Kingdom. ~~\~"'\ /' 6.3. A notice or communication shall be served or given on the Owner ~ Green Farm, /;!' //' King Sterndale, Buxton, Derb y shire)'J(I7 9SL 61~Ch other address as shall be notified in writing to the Authority (ro'~~~J&e. 7. Local land charge ~ This deed shall be registered as ~eed., ,\:(. j <8'3K No waiver (.whethfr expressed or implied) by the Authority of any breach or ~default in peflorming or observing any of the covenants terms or conditions of t~~.~;,1~constitute a continuing waiver and no such waiver shall prevent the AuttJnty from enforcing any of the relevant terms or conditions or from acting upon any subsequent breach or default. 8.4. The provisions of this deed (other than this clause 8.4 which shall be effective in any event) shall be of no effect until this deed has been dated. IN WITNESS of which the Owner has signed this Unilateral Undertaking as a deed on the date first written above. 5 SCHEDULE I The Owner's Title and Site Description, ALL THAT freehold farm, ,farmhouse and other buildings known as Green Fann, King Stemdale, Buxton, Derbyshire, SKI? 9SL as is shown for the purpose of identification only shown edged with red on the Plan. 7~~ SCHEDULE 2rV'~ Draft Planning Permissi~;~'\~ "- (where available insert details or auach the draft plannl~i p~;:mission and an;;;;trservation area or listed building consent) ",,1 ""', (/" (r"., ..I/O, ~( A ,~~ ~~~( /Q~ '0'" , '~/ 6 SCHEDULE 3 Av....1!'wr;( The Owner's Covenants with the G9uRcil- :::s 1. Progress of development !~'b"~ ... , 't ,, ,"" The Owner shall notify the 6etllletl: ~ ~ 1.1. upon the Commencement of Development aM- 1.2. upon Occupation of any part of the Dev.elop ent.a.,...J '. \o:~., 'J '-.~: .;"..~ ~" " 13 v.J/'G>V\ t"'-:::l ""ftl"W,'''Qv,kC(Yr ~ ~,>""a - '3 ~ ~ ~'T . 2. Approval and ilhplementatlOn of a scheme of i~sert details '. .A~'~ 2.1, Before the Commencement of Development the Owner,snail submit the Approved Scheme to th~~t:~nd obtain approval of it. /' 2.2. 'The Owner shall fully implement the Approved Scheme, within 2 years of the first sale of Bam 3 after the date of this ~~~~( <)." " ~~ 3. A I, t' f d f Ii ' ,"- <7 pp lea IOn 0 procee s,0 sa e .:.01."f.; _) .le'>'" .'',,_ '/ , '." .. , ~'~,:J .,(~,~to' Q- _,' )t...... 3.1. Iri the event of the "sale of Bam 3.witB.the,bendit-of-the-Plannirrg-Pennission the I, . . '.:"'" Owne~,~hall after ihe deduction 0tb.amQl)n~~quireu::ro=rdeelTHlny-mortgage, ,00: e~algecsecUl'ecl=O~Barp~~the neeessa~~sraZ agents', surveyo~s' ~nd.> ,C 'Ii .v."". ':,A. / / f eonveya.nelllg ees assoetate~wlt Ii"!~Ja~> place the net proceeds 0 sale on depOSIt III the name of the Owner andsueh~proeeeds of sale shall be apphed as follows: ..... ".",,t!} <:,:~.,.. ' -~,7". ~\.w.Cow~cJ. A (7 I- . .,if....,aeeor', d' anee ~. Wit' c' h Se h' e d u Ie 4. "''''-.A' ,'.' 3,k2, . ,.. To the :eost of all professional fees associated with the repair, /f,.:'~' '\.", ,:,,:, /. . _, I A'/'" re~~lshm~~J.and Improvement as aforesaId. :''\:;~3, 1.3, AnY;b,~lanc..e to be paid and released to the Owner absolutely. 3.2. -If th.e net pr~.e, ~eds of sale of Bam 3 are insufficient to meet all the cost of repair, '\"', /1" ~'Ji ~1 refur~0~ent and improvement of Barns I and 2~hen suCh proceeds shall be appl~d 'towards the works in the order set out in Schedule 4 up to a maximum value not exceeding the net pr::;:::~t,;;",. ~ 3,3 1k ~~t~~ ~:~'11W<.~~~~~ 1.Vv.l~ Ci:>'X\S 't scJ..>-) e h '1- ~,'~~iI>.~ ." '4 1- r;ev'V\S \ OV' The works to Barns 1 and 2 and COLI rtva I'd I, Existing hcd!ling 8nd divisions to courtvard arc to be removed. 7 2. Consolidated gravel is to be laid to the courtyard, (except for a stone flagged path along s.w elevation of Bam 3). 3. Arch to Bam I south elevation gable end - Voussoirs are to be cut out and new sections inserted to match original stonework by a specialist stonemason where damaged on inner face following insertion of steel beam. Steel-work to timber first floor to room immediately inside arch is to be removed. Timber floor to be replaced to ditto. lnfill blockwork from opening is to be removed and vertically boarded timber doors are to be fitted. 4. Arch to Bam 1 East Elevation - Quoins are to be repaired with dam~d'sections cut out and new sections to be inserted to match the original stof{work by a specialist stonemason where damaged exte~ally. /"~ 5. Fit two box section, steel frames inside the arched\.op~ning t~Upp.ort the arched stonework to S.E. and Archirtects details. Two vertit~lIy' boarded timbel~oorS'are to be fitted into the opening, supported on brackets hung/'. from the outer steel frame.""'" The doors are to be divide~ at first floor level to allo~.(eearate a!tc'e~s to ground (n'd fIrst floors. Two separate bnck piers are to be constructeddntemally;up to the underside of truss . ,. ,., ,iT level. A steel beam to span between the piers is to 'support the truss at eaves level. ''''~ 6. The roof to Bam 1 is to be stripped and repaired as ne~~ll~d re-clad in natural blue slates, re-using existing slates wh~~ in sound condition. Existing fascia boards are to be removed and gutters fitted on"'ris~~~d" [all(brackets. (Rafters, wall plates and other timbers are to be replaced/repaired a~' bec~m~{~~ident following stripping of the roof covering. . V;r (/ 7. Where apPlicab1e~p~n~ with cO~fte lintols are to be replaced with natural gritsto~e to ~;!~",~he styl~}nd ~ppe~r~nce of original lintols elsewhere on property. Defeclive mner lintols are<'to,be;'repla~ed with seasoned oak sectIOns to match ongmals dimensio<~~ ~( , 8. A~;~~Wind~~Bams~::t2 are to be repaired or replaced with units of approved detail by the Authonty and.pamted an approved colour. <>'" ~)' ... SIGNED''STELLA ANN WILLIAMSY }J In the presence of: } 8 Partners: 30 Great Underbank Pr-cketts Stockpon SK1 1NB Telephone, 0161 429 8000 SOLICITORS 0161 480 3636 Facsimile: 0161 480 0968 DX No: 19666 Stockport 1 Email: [email protected] www.pricketts.co.uk 21 October 2009 Your Ref: LTIGreen Farm Our Ref: NJSIHA/WIL871/3 ~KIDsrn~T~T'O""P'RKA """"'" R UTHORITr Mrs. L. Taylor ALLOCATEO 'GROUP LTI'r-. '1\" OFFICER Lt- Dear Mrs. Taylor: Proposed Planning Agreement - Green Farm,Earl Sterndale Application Number: NPIHPKl0609/0493 Further to our letter of 15th October, we now enclose the following by way of evidence of our client's title:- 1. Copy conveyance of 26th September 1986 2. Death Verification Form 3. Copy Grant of Probate. You will note that the conveyance of 1986 makes reference to a conveyance of 1950. Do you require sight of that in these circumstances? The conveyance of 1986 puts the property in the joint names of Dr. and Mrs. Williams. At the time they were joint tenants but have subsequently severed the joint tenancy. Again, we doubt that this will affect your position; no doubt you will advise. e ook forward to hearing from you shortly. NJSeymour Pricketts [email protected] Martin Wragg U.B. (Managing Partner) Pricketts Practice Manager: Ellen Jacbnn Kendrick Newton Nicholas]. Seymour Ll.B. (Senior Parmer) Ingham & Wainwright Pricketts Alan Shackleton Bowdens Shipton & Tomlinson SRA No 57786 The Prickett Partnership Elizabeth Ince Offices at: SlOckport and Buxton Regulated by the Solicitors Reglflatiull Allthon"ty 30 Grear Underbank Srockporr SKI 1NB Telephone: 0161 429 8000 SOLICITORS 0161 480 3636 Facsimile: 0161 480 0968 DX No: 19666 Srockporr 1 Email: [email protected] www.prickctts ,co.uk 15 October 2009 Your Ref: LTIGreen Farm Our Ref: NJS/TC/WIL871/3 ~DISTRICT NATIONAL !'ARKAUTHORITY ALLOCATEO :GROUP LEO (:, '\.U O'"'GFA LT. Ms Louckia Taylor DATE 1 6 0CT 2009 Assistant Solicitor - Legal Services REC'D Peak District National Park Authority ACKNOWLEDGEMENT: Aldern House REPLY: FII::E AI::b0BATleN: BaslowRoad !lPIEB : Bakewell Derbyshire DE451AE Dear Ms Taylor Proposed Planning Agreement Green Farm,Earl Sterndale Application Number: NP/HPKl0609/0493 Thank you for your letter of29'h September, received during the writer's absence on holiday. We shall provide you with an Abstract of our client's registered title shortly. In the meantime, 6erhats you would'be good enough to let me have some idea of the fee vJhi~h the authority proposes to ~harge in this respect. I note what you say with regard to delay and the risk of ilie application being disposed of for th that reason. However, I note iliat I submitted the draft document on 29 June last, and that you have responded three monilis later. I hope this will be taken into account if there is any further risk to our client's application. S ymour Pricketts [email protected] Parmers: Martin Wragg Ll.B. (Managing Partner) Prickctts Practice Manager: Ellen Jackson Kendrick Newton Nicholas J. Seymour Ll.B. (Senior Partner) Ingham & Wainwright Pricketts Alan Shackleton Bowdens Shipton & Tomlinson SRA No 57786 The Prickett Partnership Eliwbeth Inee O!fias at; Sttxkport and Buxton Regulated by the Solidtors Regullltion Authority . ~. - Q ~ ~,,-3. ~ ~.~ t . . \ vJ - ~ ,Wi\ S ~ ~ ~~~s -~~ ,- (l?1Ak CCMA ~fP ~^}). Slk o~~ ,bV)e Vo , {)b~1 " _6 p~, . 2.. - '&A.rf'J..) 1 l' . t-v.)hn"e.. - - - ~ tJ61 ~ o.._t~ ,~,~r~~_ ~ ~ k>,",~~3,~,~-~ - li"r wl\:l . - - ~~~ -4- .~o" ro I.r-.~.~(kJ/\ t '2. :' ~,\ 3 ~~~ ~ r- , ,:e~ S\ob ,y -' _..tJ ' , Otr' rJ/'f ~~,tr-')" ~~~~(Jt ~s*~, ~~ ~'l,~ 17 &U" ;S t ?r?" J~ fG'jf;'L~t, -~~ - ~ ~,~ __~._c.~ '!' _~ ,,_ _ t-- ' "",' - ~ ,''::''; M - ;^AIY_-~ 'l-vJ.1...t~v '. , ~ ~ . -'~~,.- _ll_oIb_ l.o 'tk, '_, _,___- _ _ _ _ _ ~~_ _~~_ \Dls~~Vl ,~~-f ,- jL_l(99_ ko. &,JI'-c ~ . -tt~f) ~ 6\.,~ .~ 3 7: ~~. 3 _~_ .le..b.L _ _KOJL\ J r 2_- .~' S~~_ ~-s~r--~- -or~~ o.,.J:slh ~~ .'1- .Cc~ --~. -. {\-Q.O d S:~_Lr-~' ~!l. .. frP'f02-ov1- . - -. -~ - .- ~W').(, f3~f\. 5. h ~iYl.c_Je.J.. ~vvJd.-. J-Nf-lJ-::;. _ t,,~ r:e--~to, .(thk.~~ <:. {Aku1.:c.. .~cv(t3_)r: _ _ ._ _~ _~h-vtc.._ LV>..~f.ec;..,.rI\.S _Lu- 2 ..a:- sg.~~ .. ~'-~ f2-~~. . . - .'-- -. _._~-- .. n ~._v.. U -- CTI.-.I~ 6>~# '1 qr-e.a-....-h..-r~ _cav-k _~_ _. _ - - ~ ~ f~J -s~ - 1. _&tAf.tt 5_h_~~ - - _ _ _~b, .S,;vl\.LL ~2,.~~re.. oWNU tZ~'5_~ - - ~~~ ~e~ _S~. .~b. - {~~ ~ccU(. '~selb - -s:e--V - .-, - -- - ., - .--- - - f?:.(N";3."?- - ~l ~4-. ~~ ~s- .to.:~,,3 - ~,~~ ..- p.t1.rl-. ~ (8(,- - _C'c.CYf_C<\n.c:... 'oK-JeMCL.9- s u..fr ~k_ - ~~ - _~V'c.~ .. ~- s;- ~J- ~ re-o~c._ ~-J .. 1- ;,..(S&--",o'J_ .. l_~ 2~cA..- ~ _~_b_ ~c.a.d_ M.~ ?_ .. _ wi l::". 2 ~ ~. _s<>J.A -"1- fl,e-v-...f'.:5 .______Tel: 01629 816200 Fax: 01629 816310 E-mail: [email protected] Web: www.pcakdistrict.gov.uk Minicom: 01629 816319 Aldem House. Baslow Road. Bakewell. Derbyshire. DE45 lAE NATIONAL PARK AUTHORITY Your ref: NJSITCIWIL871/3 Pricketts Solicitors Ourref: LT/Green Farm 30 Great Underbank Date: 29 September 2009 Stockport SK1 1NB Dear Mr Seymour Proposed Planning Agreement - Green Farm, Earl Sterndale Application Number: NP/HPKl0609/0493 I have been instructed by the Planning Service to deal with a proposed planning agreement in respect of the above matter. I have seen the draft Unilateral Undertaking enclosed with your letter dated 29 June 2009. You will be aware that the Authority resolved to approve the application at Planning Committee on 14 August 2009, subject to a s106 agreement securing the refurbishment works to Barn 3, funding and implementation of the schedule of works to Barns 1 and 2, and the future management of the site (and sUbject also to conditions). I will consider the draft deed enclosed with your letter shortly. In the meantime, I should be grateful if you would let me have evidence of your client's title to the land to be covered by the obligations. A fee in respect of the legal work involved in the preparation and completion of the agreement will be payable by your client to Peak District National Park Authority upon completion of the agreement. Please note that the s1 06 agreement should be progressed as quickly as possible to completion in order that the planning permission can be issued within a reasonable time period. If the matter is unduly delayed, so that the decision notice cannot be issued within say 8 months of the date the application was submitted, the Authority is likely to treat the application as being finally disposed of, with the effect that a new application will be required for the development and a further fee may be payable. Finally, I shall be grateful if you will remind the Applicant that planning permission will not be granted and, therefore, the development cannot be commenced until the Section 106 Agreement has been completed. Member of the Association of National Pari< Authorities Holder of Council of Europe Diploma :.'.' . Chief Executive: Jim Dixon Chair: Narendra Bajaria CBE Deputy Chair: Trevor Bagshaw Working together for the Peal< District National Park: .A special environment A welcoming place at the hearl of the nation -Vibrant communities and a thriving economy I look forward to hearing from you with the title evidence in due course. Yours sincerely Louckia Taylor Assistant Solicitor Legal Services PEAK DISTRICT NATIONAL PARK AUTHORITY REQUEST FOR LEGAL ADVICE/ACTION To: Legal Services File No: p.10137 Target date for reply: ASAP From: CF Corporate/Enforcement Deadline (if urgent) and reason: Priority (1,2 or 3): Date: 16/9/2009 Authority for Action: (Ifcommittee or RMT decision please give minute no. If delegated to officer, please sign here). August Planning Committee - resolution to approve sUbject to entry into a s.106 agreement Re: Williams, Green Farm, King Sterndale - NP/HPKl0609/0493 Type of Matter: Unilateral Undertaking Details of advice/action required {Please attach af! relevant correspondence, plans and documents and give case history if relevant. If file is attached please flag the relevant items). Please find attached the draft unilateral undertaking The attached minutes show at11 0.09 the committee resolution of approval subject to entry into an appropriate s.1 06 agreement N 0 The first question is does this mean that we now draft an appropriate agreement based---- on the I original unilateral or do we advise Stella Williams' solicitors of any changes that we require [ and invite submission of an amended unilateral agreement...... ~ , However, the resolution differs from the unilateral insofar as we ar.ei'uggesting the first \\\\ occupant of the approved d\l(ellirw should be obliged by way 0f til'e I~gal agreement to carry '*'~ . out the approved scheme ~ &=.r 1\ 3 . .7 I am also unsure wheiher the mechanism proposed in the draft unilateral does do what it needs to do in terms of securing the works to ,Barns 1ancLEiarns,2, The schedule of works has since been amended (and attached) and we also have a.revised plan for Barn 3which is on the LBA file at the minute So I am really not sure which way we take this forward now to get to a point where we can issue the approval For Leaal use onlv Allocated to: Date of allocation: Date concluded: Planning Committee Minutes Page 8 14 August 2009 Members considered the application and a motion for refusal, based on the reason given in the refusal notice of September 2000 regarding higher density of use and contrary to policies, was moved and seconded. In response to Members' queries regarding the unauthorised chimney, the Enforcement and Monitoring Team Manager stated that he had spoken to the tenant regarding this issue and that he would submit a retrospective planning application but was awaiting the outcome of this application first. The motion for refusal was voted on and carried. RESOLVED: That the application by REFUSED for the following reason: 1 The higher density of use resulting from a full-time residential use would give rise to a loss of privacy and amenity for the adjacent dwelling as a result of the consequently higher levels of actiVity, noise and overlooking. This would be un-neighbourly and contrary to policy LC4 and intent of LR6. 3.30pm Prof J Herbert, elr A Favell and Mrs K Potter all left the meeting. 110109 7. FULL APPLICATION - CHANGE OF USE OF BARN 3TO RESIDENTIAL USE & REPAIR I RESTORATION WORKS TO BARNS 1 & 2, GREEN FARM, KING STERNDALE (NP/HPKl0609/0493,P.10137, 31.7.09, 409256/37220B/CF) The Planning Officer corrected the report on page 1, the first entry under the History section should state 1988 and not 1998. The folloWing spoke under the Public Participation Scheme: Mr 0 Sutherland, Agent. Members considered the application and the recommendation for approval subject to conditions was moved, seconded, voted on and carried. RESOLVED: That the application be APPROVED subject to entry into a s.106 legal agreement securing the refurbishment works to Barn 3, funding and implementation of the schedule of works to Barns 1 and 2, and the future management of the site subject to the following conditions: 1 Submission of amended plans dealing with minor design amendments and the detailed treatment of the curtilage listed buildings, including precise details of hard and soft landscaping. 2 Definition of residential curtilage associated with the proposed domestic use of Barn 3. 3 Define parking and manoeuvring spaces for occupant's and visitor's vehicles associated with the domestic use which once agreed in writing shall remain free from any impediment to their designated use. 111/09 9. FULL APPLICATION - ERECTION OF 6kw WIND TURBINE ON A 15M MAST, JUNCTION HOUSE, DUNFORD ROAD, HADE EDGE, HOLMFIRTH (NP/B/0409/0296,P.1529, 21.04.09, 1495 0429/KW) Parrners: ckens ! 30 Great Underbank Stockporr SKI INB Pr Telepbone: 0161 429 8000 SOLICITORS 01614803636 Facsimile: 0161 480 0968 DX No: 19666 Stockport 1 Email: [email protected] Your Ref: CAF/P.IOI37 www.prickeus.co.uk Our Ref: NJSrrC/WIL871/3 29 June 2009 Mr C Fridlington Senior Planner Planning Service Peak District National Park Authority fW Q! 1B1l;l NATIONAL l:8BK AUTHORITY Aldem House ALLOCATEO:GROUP {)~ Baslow Road __ C"_~ Cf . Bakewell DATE 3( JUN 1009 Derbyshire REC'D DE451AE ACKNOWLEDGEMENT: REPLY: 0 0 \nit FILE ALLOCATION: "f .\ ;:,' COPIED TO: Dear Mr Fridlington Planning Agreement - Green Farm, Earl Sterndale We act on behalf of Mrs Stella Williams, the owner of the above property, and we are aware of the discussions which have taken place between you and her architect, Mr David Sutherland, concerning the application to change the use of Barn 3 in conjunction with the refurbishment of Barns I and 2 at the farm. The writer has a copy of your letter of 2nd March of this year setting out the authorities preference for a Unilateral Undertaking to support the application for planning permission in respect of Barn 3, and accordingly I have been instructed to draft such a document and it is enclosed for your consideration and, no doubt, that of your legal department. Our client prefers the second scheme, namely that Barn 3 is converted to a single open market dwelling, is sold and the proceeds of sale applied to the restoration of Barns I and 2, and the Unilateral Undertaking, as drafted, reflects this position. We realise that there yet may be amendments to the details of the scheme, both as to the intended works and also conditions attached to them, but we are also aware that now that the application for planning permission has been lodged with you, you would like to see the general proposal with regard to a unilateral undertaking at the same time. Please do not hesitate to come back to me with any suggested amendments for our client's further consideration. Yours sincerely, N J Seymour Pricketts [email protected] M"rtin WI':l.gg Ll.B. (Man:oging Parmer) Pricketts Pracdcc Manager: Ellen Jackson Kendrick Newton Nicholas). Seymour Ll.B. (S.njorP~'lner) OffiCts at: Stockport and Buxton Ingham & Wainwright Alan Shackleton Bowdens Shipton & Tomlinson ~ Fjizabeth Incc ~ The Prickett Partnership Regulated by the SQlicitors Regulation Authority THIS UNILATERAL UNDERTAKING is given on 2009 BY: STELLA ANN WILLIAMS of Green Farm, King Stemdale, Buxton, Derbyshire, SKI? 9SL ('the Owner') TO: PEAK DISTRICT NATIONAL PARK AUTHORITY of Aldem House, Baslow Road, Bakewell, Derbyshire, DE45 IAE ('the Authority') RECITALS 1. The Authority is the local planning authority for the purposes of the~~Actfor the area in which the Site is situated. b( , 2. The Owner is the freehold owner of the Site as set out in SCfie~~ 3. Th' Ow,cr h" by ~r Cl..,4 IW (ev.)h,'ArA ,~) ams I and 2as set out m Schedule 4 below, 1.1.3~uthority' in~udes the successors to the Authority as Local Planning Authority, 1.1.4. 'Barn 3' means the area shown coloured yellow on the Plan and 'Barns I and 2' means the area shown coloured green on the Plan and 'Barns I 2 and 3' together shall be read and construed accordingly, I 'Af (,'".~h" C<-tVl" f'o ~) I~ w<"C4 ~)1\ rJi,,,,.rf' J 1.1.5. 'the Commencement of Development' means the commencement of any' material operation (as defined in the 1990 Act section 56(4)) forming part of the Development other than (for the purposes of this deed and for no other purpose) operations consisting of site clearance, demolition work, archaeological investigations, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, diversion and laying of services, erection of any temporary means of enclosure, the temporary display of site notices or advertisements and 'Commence the Development' shall be construed accordingly, 1.1.6. 'the Date of Practical Completion' means the date of'Wsue of a certificate of practical completion by the Owners arch~?"i~e Development ( is constructed by a party other th~nthe O~'}~bY that other party's , architect, , .". '. \' (' ~. ~ j ...... Jvv. .. "'1''''- 1.1.7. 'the Development' means the change ~use of Bp A' and its 'ld' / .gl . d '1' 1 ' nk .. /' outb UI mgs to a SID e open mar~k'/ et we lns"ouse, U.8. 'a Dwel~ng' means a dwell''i'0~I!!di~~'ilOuse, flat or maisonette) to 1 be constructed PUTS,uant to ,the Pl~~rmission and 'Dwellings' Shall be construed aC5~Y' .~ 1.1.9. 'Green Farm' m=s.!~ /J"C.ngs described in Schedule I, 1.1.10. 'to Occupy' means to~c~:or ~rmit or suffer to be occupied for the P, ote~itt,'" . ..M=;.g p=;~;oo ...""""'' 00' md '. :" ccupied' sltall be con~ accordingly, 1.1.~ I.~ 't11~(.t4"e()1$ attached to this deed, U1l2. 'the N~ing Application' means the planning application for full r l""'m-~;oo '0' Application as set out in Schedule 2, ....(~ i ~ (\\.1 19.0<; MQ~"'~ 1.1.14. 'the Site' means Green Farm against which this deed may be enforced n \roo>'.\ shown edged red on the Plan and described in Schedule I but-excluding ,'pJ ~ I .rY'' '1 '-n \.-O~ 1\W;\;',)'((QPI('(' \Dams-:l,~2-and.3. \?I. " 1.2. Interpretation 1.2.1. Reference in this deed to any recital, clause, paragraph or schedule is, unless the context otherwise requires, a reference to the recital, clause, paragraph or schedule in this deed so numbered. 2 1.2.2. Words importing the singular meaning include the plural meaning and vice versa where the context so admits. 1.2.3. Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeable in that manner. 1.2.4. Wherever an obligation falls to be performed by more than one person, the obligation can be enforced against every person'~bound jointly and against each of them individually unless there1(an ~press provision otherwise. A~ 1.2.5. Any reference to an Act of parliamen~Ii~1 include .any modification, extension or re-enactment of tha~for the time b~}i(,}orce and shall include all instrumenh~" PI~egUlations, ie"issions and directions for the time bein~~e,.... ~ed or given under that Act or deriving validity from it. ~g 1.2.6. References to any'Party shall include the successors in title to that Party and any person~~~itl$.,through or~er that Party and in the case of the Authority the ~cess'~~respective statutory functions. VV' 1.2.7. Head~l&~here they are,i;:;;luded are for convenience only and are not '~/d d Y.fl th~A . fth A,-.e. t.0 l~,' uence e~erpretatlOn 0 e agreement. 2. Legal basis .~ .V~~ 2.1. :J:hi 'deed is made-pursuant to the 1990 Act section 106. 2.2.~;;~\f~s"tl~~eate planning obligations binding on the Owner pursuant ~oSection ~>Of (t;'990 Act and are enforceable as such by the Authority as v "\::local Planni~authOrity. 3. Conditi::;;'~duratilm and enforcement \v/ 3.1. Con$tions precedent This deed is conditional upon: 3.1.1. the grant of the Planning Permission, and 3.1.2. the Commencement of Development save for the provisions of clause 5, which shall come into effect immediately upon completion of this deed. 3.2. Duration 3.2.1. This deed shall cease to have effect, in so far only as it has not already 3 been complied with, if the Planning Pennission is quashed, revoked or otherwise withdrawn or, without the consent of the Owner, it is modified by any statutory procedure or expires before the Commencement of Development. 3.2.2. No person shall be liable for any breach of any of the planning obligations or other provisions of this deed after parting with his entire interest in the Site, but without prejudice to liability for any subsisting breach arising before parting with that interest. ~ 3.2.3. Nothing in this deed shall prevent compliance with any obligation pursuant to it before that obligation COm(;ifu'ti;{ect under this clause 3, ::'::"'" _1>- '~""w)\..~..,'" of 3.3. Othe.r d~vel~pment .. ~(..~ ~. Nothmg m this deed shall prohibIt odlmlt~ght to develop any part of the SIte in accordance with a planning pennission (O~\.th:bhe Planning Permission) granted (whetheror not on/appeal) after the date ~\lhls~ed. 3.4. Non-enforcement ~<::>~~ t/ ~ This deed shall not be enfl/5e~ble again.st owner-occupiers or tenants of 0.\ = . . . th \').J ~ I'I' D~I?~C;"~~y pUi3tl1KR,.,wA//l. kelfJlJ1mg-..:;FIl1lsslon. PI"" n~ nor agamst ose :- \ -I'd" .I:!Jfr "" ~/.. J1 .n_,1 L" oiJ:o' envmg,tJ e om sucu'ownFr:oc5~plers or tenants~c,a. ~iI\JI. ~""'i1tv. :1 ~,,-?'''' (W~ &~3. ~.~ c~W~ !'" f/I.o <;oJ.~tJi,... lttJ. 'f'>or;,'~ The obhga .ons cont'WlI<.(j~n::tl:(is deed shall not e bmdmg upon or enfo/a1jle if' , ag~~, . '. ~. Av.r-. 3.4.1. a~atut ~:4iiliertaker or other person who acquires any part of Barns I 2 d 31(;';any interest in them for the purposes of the supply of electricity, gas, water, drainage, telecommunication services or public ,,':I // . 1,.; .ansport servIces, ~ I 3.4.2. %e Owner after Sh.e has dis~ed of he.r. interest in the Site, or in the '" event of a disposal of part, in'th~art di~~ of, other than disposal of II " h f ''0,;/ h b fi f .. t an mterest m t e nature 0 an easement or t e ene It 0 a restncllon or ~ I'. similar, but not so as to relea~~~r{om any antecedent breach, non-perfonnance or non-obse?,~lceof h~~bligations. 4. Owner's covenants The Owner covenants with the Authority as set out in Schedule 3. 4 5. Provisions of immediate effect Nothing in this deed shall create any rights in favour of any person pursuant to the Contracts (Rights of Third Parties) Act 1999. 6. Notices 6.1. Any notice or other written communication to be served upon a Party or given by one Party to any other under the terms of this deed shall be deemed to have been validly served or given if delivered by hand or sent by recorded delivery post to the Party upon whom it is to be served or to whom it is to be.~en or as otherwise notified for the purpose by notice in writing. d V 6.2. Th, oddrere '0'my o,,"co 0'0"''' wri"'" ,o"",,""(.ili~Il.,b e within the United Kingdom. ~~ ~ 6.3. A notice or communication shall be served,of~n on the Owner at G~en Farm, // // King Sterndale, Buxton, Derbyshire, SJq'7 9SL ~such other address as shall be notI'fi Ie d' m wntmg.. to the A uth onty . ,rom/~~ tlmeJo /~ hme. 7. Local land charge This deed shall be registered as ~land charge. 8. Jurisdiction and legal effect <::>~J>~ 8.1. This deed shall be governed {~,jrinterp.1eted in accordance with the law of England a~W11~~ 7 8.2. In so ~a~ claus~or clause~his deed are found (for whatever reason) to be invalid;\ill~~o4~nfor5:e~ble, that invalidity, illegality or unenforceability sh~~ot aff~,.t;(validity or enforceability of the remaining provisions of this ~ed.~y (,813(~NO wai~er t~hi~ sue~snai d /c/I constItutel a contmumg.. waiver.. and no such waIver ' sh a II prevent the AuthJig'from enforcing any of the relevant terms or conditions or from acting V upon any subsequent breach or default. 8.4. The provisions of this deed (other than this clause 8.4 which shall be effective in any event) shall be of no effect until this deed has been dated. IN WITNESS of which the Owner has signed this Unilateral Undertaking as a deed on the date first written above. 5 SCHEDULE 1 The Owner's Title and Site Description , ALL THAT freehold farm, fannhouse and other 'buildings known as -Green Fann, King Stemdale, Buxton, Derbyshire, SKI? 9SL as is shown for the purpose of identification only shown edged with red on the Plan. SCHEDULE 2 \, , 6 SCHEDULE3 ~ The Owner's Covenants with the Council- ~ 1. Progress of development . ~. _"'~' .~ ,J - 1- l AA A;v..V'Nf I' tfVWV'lL-"''-''0.-1" - ~ The.Owner shall notify the G~I'UIGi-I: 1.1. upon the Commencement of Development and . 0 Q ~ V\..O J.913 1.2. upon OccupatIOn of any part of the DevfI~I1mel1t. .l.A: oIL ~""-'(\;, !:J. '"'C- .... ,"'!. ~".,., ~ ~\IrO r roo"!l- ~ q.... , "!\- .,v04 ~ 2. Approval and implementation of a scheme of <' 'hAh" I (//th d f I conveyancmg lees assoclate~lt~d" ~ e...s~ e, pace e net procee s 0 sa e on deposit in th~name of the Own-C;. and"~~roeeeds of sale shall be applied as follows: ~~ 0/ . 3.1.1. )!'p the cost ofrepair, re~b~hment and improvement of Barns I and 2in {/'~~rdance value not exc~eding the net procel!'ds of sale. J ( SCHEDULE 4 The works to Barns 1and 2 and courtvard I. Existing hedging and divisions to courtyard are to be removed. 7 2. Consolidated gravel is to be laid to the courtyard, (except for a stone flagged path along s.w elevation ofBam 3). 3. Arch to Bam I south elevation gable end - Voussoirs are to be cut out and new sections inserted to match original stonework by a specialist stonemason where damaged on inner face following insertion of steel beam. Steel-work to timber first floor to room immediately inside arch is to be removed. Timber floor to be replaced to ditto. Infill blockwork from opening is to be removed and vertically boarded timber doors are to be fitted. 4. Arch to Bam I East Elevation - Quoins are to be repaired with da~,sections cut out and new sections to be inserted to match the original stdcfwork by a specialist stonemason where damaged externally. A~ 5. Fit two box section, steel. frames i~side the arc~~~pt-ning to. sUI;.i?~rt the arched stonework to S.E. and ArchIrtects details. Two verticaIlY4'boarded limber~oorS>are to be fitted into the opening, supported on brackets hunl'r;;'m the outer steel fr~~rThe doors are to be divided at first floor level to allo~s~arate a'!2ess to ground atd fust floors. Two separate brick piers are to be constructell3fterna11lf,''tIp to the underside of truss level. A steel beam to span between the pier~ is to ~tptrt the truss at eaves level. 6. The roof to .Barn ~ i~ to be striPP5(a.nd repaired as~~ptd re-c!ad in natural blue slates, re-usmg eXlstmg slates w~erl{.lJl:spu~d condlllOn. J':,rlstmg fasCIa boards are to be removed and gutters fitted on rise~an'd'fall~brackets. 7. Where applicab~L openings~ with cencreteY' lintols are to be replaced with natural gritsto~e t? m~(.~he style,.~d ~ppe~r~n~ of original lintols ~Isewhere on pr~p~rty. Defective Inn~r lIn ols are,1'o",b~r~ptac$d WIth seasoned oak sections to match ongmals dime~ 8. A~<.~00r/wind~~?,.Bam;;")\'~P2 are to be repaired or replaced with units of,~id detaJ1.~e Authonty an~amted an approved colour. . ,_.. ./.-/' -'--.: SIGNED as a deed.by } STELLA ANN WILLIAMS } In the presence of: } 8 .' Green Farm, King Sterndale , 0 , , ow,o~ , , , 0 0 , 0 , 0 , , , 0 , ,..24.. 0 ,. 0 , , 0 0 0 , 0 , = 23 23 a ,G:llI:l(l'O)tI$l70IOIOUIl UI ' , N 'T' 29 ""'USl ~ooe + IOSM".'~'_~pIl"" COtI'l I ~ 12SOO K:8le PMI M M o CfOWfI Copyngtll M 00/l1S ~W~ Louroce 00 CENTREMAPSlive' _ ccntre....l live.'o_u~ _ _ _,1000,gge SCHEDULE OF PROPOSED WORKS TO GREEN FARM, KING STERNDALE REVISION A' Works to Barns 1 & 2and courtyard ~. Existing hedging and divisions to courtyard are to be removed .. 2. Consolidated gravel is to be laid to the courtyard, (except for a stone flagged path along s.w. elevation of Bam 3.) 3. Arch to Bam 1 south elevation gable end - Voussoirs are to be cut out and new sections inserted to match original stonework by a specialist stonema- son where damaged on inner face following insertion of steel beam. Steel- work to timber first floor to room immediately inside arch is to be removed. Timber floor to be replaced to ditto. Infill blockwork from opening is to be removed and vertically boarded timber doors are to be fitted. 4. Arch to Barn 1 East Elevation - Quoins are to be repaired wnh damaged sections cut out and new sections to be inserted to match the original stonework by a specialist stonemason where damaged externally. 5. Fit two box section, steel frames inside the arched opening to support the arched stonework to S.E. and ArcMects details. Two vertically boarded timber doors are to be fitted into the opening, supported on brackets hung from the outer steel frame. The doors are to be divided at first floor level to allow separate access to ground and first floors. A brick pier is to be con- structed internally, up to the underside of first floor level and a new oak beam inserted to span from the pier to the internal wall to the right of the opening (viewed from outside.) Green Fann, King Stemdale paga 1 David Sutherland Art:hilects 6. The roof to Bam 1 is to be stripped and repaired as necessary and re-clad in natural blue slates, re-using existing slates where in sound condition. Ex- isting fascia boards are to be removed and gutters fitted on rise and fall brackets. Rafters, wall plates and other timbers are to be replaced/repaired as becomes evident following stripping of the roof covering. 6. Where applicable - openings with concrete Iintols are to be replaced with natural griistone to match the style and appearance of original Iintols else- where on property. Defective inner lintols are to be replaced with seasoned oak sections to match original dimensions. 7. All doorslwindows to Bams 1 & 2 are to be repaired or replaced with units of approved detail by PDNPA and painted an approved colour. f'ffA l{ PISTJiIC:( NAiiott iEA~A!i~;IlY ,ALLOGAi'.!;O :G1l'C-:'lP i cr;t'~"""~~i=1 , ~ DATE ,Rf::C'D 10 SEP 2009 ,i I ~;KNOWi.Er...(:';G,""IEI~ r~ I,' I nc:PlY; ~Il~ .<\I..L.OCATiON: ~ ...OPIED TO: ; .....;.;.;;;:;;.~---_...... ~, i Green Fann, King Slemda/. pago2 David SuIhorland Archffects Tel: 01629816200 Fax: 01629 816310 E-mail: [email protected] Web: www.peakdistrict.gov.uk Minicom: 01629 816319 Aldem House. Baslow Road. Bakewell. Derbyshire. DE45 IAE NATIONAL PARK AUTHORITY Mrs Stella Williams Your ref: c/o David Sutherland Architects 2 Curzon Terrace Currel: RC/A.11432 Litton Mill Date Date as postmark BUXTON Derbyshire FIRST CLASS SK178SR Dear Sir/Madam Planning Application - Determination Full Application - Change of Use of Barn 3 to Residential Use & Repair I Restoration Works to Barns 1 & 2, Green Farm, King Sterndale INP/HPKl0609/0493, P.10137, 31.7.09, 409256/372208/CF) The above application will be considered by Planning Committee on Friday 14 August 2009 at 10.00 am in the Board Room, Aldern House, Baslow Road, Bakewell (copy report enclosed). Should you wish to speak at the meeting under the Authority's 'Public Participation Scheme' (copy attached), please notify Democratic Services either in writing, bye-mail [email protected], fax 01629 816311 or by telephone 01629 816362 or 01629816382 by 12 noon two working days before the meeting. if no notification is received by this deadline you will not be allowed to speak. If you do give notice to speak please telephone Democratic Services after 2.00 pm on the Wednesday prior to the meeting when you will be advised as to the estimated time that your item will be heard. If you do not wish to speak but just wish to attend the meeting to listen to the debate please telephone Democratic Services after 10.00 am on the Thursday prior to the meeting for the estimated time that your item will be considered by the Committee. If you require further help or advice regarding the Public Participation Scheme or committee procedure, please telephone Democratic Services on 01629 816362 or 01629 816382. Please note that your planning application may be subject to an informal site visit by Members of the Committee on the Thursday preceding the Friday Committee meeting. These visits are purely fact finding visits and no decisions will be made at the site visit. You will not be notified of the visit unless there is a need to gain entry to your land. Yours faithfully Democratic Services Encs M:\shared\CustomerService\PLANNING\DRAFTS\letters re Public Participallon\HPK 0609-0493f05f08/09 11 :43/RN ,::\:,,~ ~1~1?::2009 :.'. Member of the Association of National Park Authorities -~..Dlamond~ ,n the Land'ICape Holder of Council of Europe Diploma .. Chief Executive: Jim Dixon Chair: Narendra Bajaria CBE Deputy Chair: Trevor BagShaw Working together for the Peak District National Park: -A special environment -A welcoming place at the hearl of the nat/on -Vibrant communities and a thriving economy- ..;;~ ~JI . . .' Partners: 30 Grear Underbank Srockporr SKI INB Telephone: 0161 429 8000 SOLICITORS 0161 4803636 Facsimile: 0161 480 0968 OX No: 19666 Srockpoft 1 Email: [email protected] www.pricketts.co.uk 3~_ 16 July 2009 Your Ref: CAFIP.10137 .&AI(DISTRICT NtTlONAl!'A!lll AUTHORITY~' Our Ref: NJS/TT/WIL87113 ALLOCATED :GROUP PS OFFICER IT . Mr C Fridlington DATE REC'D 17 JUL 2009 Senior Planner Planning Service ACKNOWL.EDGEMH./r; REPLY: D =- Peak District National Park Authority FILE ALLOCATION: ,-(0 r'S I' Aldern House COPIEOTOI BaslowRoad Bakewell Derbyshire DE451AE Dear Mr Fridlington Planning Agreement - Green Farm,Earl Sterndale I refer to my letter of 29 June 2009, to which I do not appear to have received a reply, and shall be glad to hear from you by return. eymour Pricketts [email protected] Martin Wragg Ll.B. (Managing Partner) Pricketts Pr.u:tice Manager: Ellen Jackson Kendrick Newton Nichol:JS]. Seymour Ll.B. (S""i",['armer) Offiw at: Stockport and Buxton Ingham & Wainwright Alan Shackleton Bowdens Shipton & Tomlinson ~ Elizabeth lnce ~ The Prickerr Partnership &guJaud by tk SiJlicitorJ Rq;uJation Authority Notice of Planning Proposal );'ATIONAL PARK AUTHORIT AN APPLICATION HAS BEEN MADE BY: Mrs Stella Williams Change of use of barn 3to residential use & FOR: repair/restoration works to barns 1 & 2 AT: Green Farm King Sterndale PARISH: King Sterndale REASONS FOR ADVERT: Standard Site Notice OFFICE CODE NO : NP/HPKl0609/0493 P FILE NO: 10137 ADVERT START DATE: 17/07/2009 COMMENTS TO BE RECEIVED BY : 07/08/2009 A copy of the application and the plans may be inspected during office hours for the next 21 days following the date of this notice at the National Park Authority Office, The application form, plans and drawings and the site location plan may also be viewed on the Planning pages of the website. A copy has been sent to the District I Borough council and parish council I meeting for comment. If you wish to make any comments please write to the National Park Authority Office before the expiry date, please note the authority now permits members of the public and consultees to address its committees, including those which determine planning applications, Please contact Democratic Services if you require details. In the event of an appeal against a refusal of planning permission for a householder application, which is to be dealt with on the basis of representations in writing, any representations made about the application will be sent to the Secretary of State, and there will be no further opportunity to comment at appeal stage Tel: 01629816200 Head of The Planning Service Fax: 01629816310 The Peak District National Park Authority Email: [email protected] Aldern House, Website: www.peakdistrict.gov.uk Baslow Road, Bakewell Derbyshire DE451AE SCREENING OPINION: N21MP1{JLtS09049 3 T&CP (Environmental Impact Assessment) /E&W)Regulations 1999 This form is to be used for all proposals which fall in Schedule 1or Schedule 2 of the above Regulations. PLEASE INDICATE BELOW WITH A TICK IN THE APPROPRIATE BOX WHICH SCHEDULE THE PROPOSAL FALLS WITHIN AND FOR SCHEDULE 2 PROJECTS INDICATE WHETHER AN ErA IS REQUIRED GIVING REASONS: 1.The proposal falls within Schedule 1 and therfore an EIA has to be provided. o 2 The proposal falls within Schedule 2 of the regulations and an EIA is required for the following reasons: o 3The proposal falls within Schedule 2 of the regulations but an EIA is not required as the development does not have a significant impact on the environment due to its characteristics, location and potential impact .Planning Manager Date: ~l~a1 DERBYSHIRE COUNTY COUNCIL HIGHWAYS COMMENTS APPLICATION CODE N NP/HPK10 609049 3 DATE: Internal file notes/comments on AI~ation No:- I NP ~I06Cl-f 04-q~ Fee:- 3))(P Comments by allocation Officer (if any) prior to Site Visit Issues to consider: Impact of development on neighbouring properties - overlooking etc Landscape impact - topography, features of importance etc Design and scale of development Access - parking, etc Wider neighbour notification letters Photographic eVidence, showing relationship of proposal tolon neighbouring properties, plus wider spatial impact of developmen t on the streetscene/landscape, (views from pUblic vantage points and rights of way etc). Any agreed amendments/alterations or contacts with agent/applicant/neighbours etc prior to determination should be noted on this sheet inclUding date and reason. Comment d ~~\ ~;;:=::::_:;::=d=a~Vl;_;;=d~S~u~th~er~l;;;;an~d;;;ar~c;_hi':.t::;e~c~ts 2Curzon Terrace, Utton Mill, Nr. Buxton, Derbyshire, SK17 BSR te101298871100 1ax01298871641 mob 07549536642 e-mail [email protected] 5U1 June 2009 Peak District National Park AIl1Itorily, ALLOCATED :GROUP () S Aldem House, O~Flr.ER r . Baslow Road, DATE Bakewell, 'REC'D n9 JUN 1009 Derbyshire, DE451AE. AC_OWLEDGLl!fil::Hi: REPLY: FILE AlLOCAlION: FAO Chris Fridlington, COPIEOTO: DearSirs. NP/HPKfO 6090it 93 Planning Application for the Proposed Change of Use of Bam 3to Residential Use and Repair and Restoration Works to Barns 1& 2. Green Farm,King stemdale. Following my recent, detailed discussions with Chris Fridlington and Rebecca Waddington re the above, please find enclosed the following to enable you to process this application:- 1. 4 sets of planning application fonns and Cer1:ificale A'. 2, 4 copies of JustificationlOesign and Access Statement 3. 4 copies of drawings 1486/03A, 06A & 08 and location plans 4. 4 copies of the Architecfs Schedule of Works re the Proposed Works to the Barns 5, 4 copies of the Structural Engineer's Proposals re the main arch to Bam 1 6, 4 copies of the -Protected'Species Report I do not enclose a cheque for this application as the fee from the previous application, submitted in October last year, has been held over to cover this application. A Unilateral Undertaking in compliance with Section 106 of the Town & Country Planning Act 1990 has been prepared by Prickelts Solicitors, 30 Great Underbank, Stockport, SK1 1NB and is being submitted under separate cover, For the reasons set out in the enclosed documentation, I believe that this proposal proVides the best means of achieving the long term future of the barns, to the benefit of the valued characteristics of the hamlet of King Stemdale, and to these buildings in particular. Please do not hesitilte to contact me if ou have any que' Yours faithfully, David Sutherland David Suthertand An;;hitects Is a trading name of David c!f:and Associates limited Registered In England and Wales Company Registration No. 1 VAT Registration No. 934 2643 25 e: [email protected] Aldern House t: 01629816200 Baslow Road f: 01629816310 well hire - NP/HPKr'O 60 AE NATIONAL PARK AUTHORITY- Application for Planning Permi Town and Country Planning Act ~~I'OGI'~l'lI1: Publication of planning applications on council websites ~~RI'~P;LY!:~~,,:;f\O:"'~.fiLl' Al-LOC . lI'l'iIm:o;'~;:;:;: Please note that with the exception of applicant contact details and Certificates of ifll:II!l!i a on provided on this application form and in supporting documents may be published on the council's webs If you have provided any other information as part of your application which falls within the definition of personal data under the Data Protection Act which you do not wish to be published on the coundl's website, please contact the council's planning department. Please complete using block capitals and black ink. It is important that you read.the accompanying guidance notes as incorrect completion will delay the processing of your application. 1. Applicant Name and Address 2. Agent Name and Address Title: 1M.'l2.s.. IFirstname:I ~ -fELL-A. I Title: 11AQ. IFirst name:I "DA.. vet:::, I ~_ ~i name:! (L.L.I lastname:j '.J h:M.b / Se.-+.4EQ.L""'-N~ I Company I Co~pany IDtVl"C:::> ';,Q-kiE.2.L~ ;:.\2.c-Illk=t-..s1 (optional): I (optional): House Unit House I Unit: House I '2.. House CJ CJ number: I suffix: c:=J CJ number: I suffix: House c..-~E...EA House name: I PA.'e.M I name: I I , Address 1: I l<'(~ Cs-~ -t'"E-72..j<:n::::AL6- I Address 1: Ic..,.'-'- 3. Description of the Proposal Please describe the proposed development, induding any change of use: C4-A::1'! G-E.. (!)l;" 0S;;: E:. O+c '13A.."e- ~ ~ t<:l <:.(L c;;.(''D~t-\~. L 0 ~ E.. ~ Has the bUilding, work or change of use already started? DYes If Yes, please state the date when building, work or use were started (DD/MM!YYYY): (d~stbe pre-application submission) Has the building, work or change of use been completed? 0 Yes !:2fNo If Yes, please state the date when the building, work ,------"''---- or change of use was completed:(DDIMMIYYYYl: (date must be pre-application submission) SOale:2007/0812215-.2Q;03 SSReYIslon: 1.24 $ 4. Site Address Details S. Pre-application Advice ~. Please provide the fuil postal address of the application site. Has assistance or prior advice been sought fro~local authority about this application? \JL]Ves D No Unit II House I I House II ~ number: suffix: ~ If Ves, please complete the foilowing information aboutthe advice I'Tk\ . I ~~~': ~N~ you were given. (Thiswill help the authority to deal with this Address 1: I G'\?.1=..:E...f.,..\ FA'2-}/\ I application more efficiently). Please tick if the fuil contact details are not Address2: [K, r-.iG 'S+EQ-NDh-LlS I known,and then complete as much as possible: D Address 3: IN 'iZ- ~<:.<-.>-- c> rJ I O~ffi!!,lf!ce~r~na'!!)m'.!.!e"-: -,----,. _ Town: Icff~s, .r'i2('U(~6-1oz-..\~ ~F<;p:rc,--;;J I I, WA'"t::>"D/~G~ County: [vE.~ Q..E::..~ I ~Re~fe~re~n~ce=_: _,I rc:'~~on~r): l'Stil7 qs~1 I -.J Description of location or a grid reference. Date (DD/MMIYYYY): I I (mustbe completed if postcode is not known(-):______(mustbe pre-application submission) .-J. Easting: I I Northing:I I Details of pre-application advice received? Description: I[A 6. Pedestrian and Vehicle Access, Roads and Rights of Way 7. Waste Storage and Collection -- Is a new or altered vehicle access proposed ....L Do the plans incorporate areas to store to or from the public highway? Ves \LI and aid the collection of waste? DVes Is a new or altered pedestrian IfVes, please provide details: access proposed to or from the public highway? ~s Are there any new public roads to be provided within the site? DVes Are there any new public rights of way to be provided within or adjacentto the site? DVes Do the proposals require any diversions Have arrangements been made /extinguishments andlor for the separate storage and DVes creation of rights of way? collection of recyclable waste? DVes {2fNO If you answered Ves to any of the above questions, please show IfVes. please provide details: details on your plans/drawings and state the reference ofthe plan (s)/drawings(s) !E- ;x.( <;..+[ ---! ~ Ae.-<2..tS-.'S;.. -C-2> "BE ~... ~~!::::. - "2;.'f;:;. E.. 1/ f:3c)2:> ';;;=..o...-L l . ""L '-\ t ~~ 8. Neighbour and Community Consultation 9. Council Employee / Member Js the applicant or agent related to Have you consulted your neighbours or any member of staff or elected the local community about the proposal? DVes ~o member of the council? DVes ,~ IfVes, please provide details: If Ves, please provide details: $l4ti!::2007/081221S:2itIBS SRewi5ion: 1.24$ 10. M'aterials If applicable. please state what materials are to be used extemally. Include type,colour and name for each material: L I fJl'\=:..."Z>T< -.\.t=. fA,{I t-4 f,je, =~A><....~8,. Walls ~l+STCoNE:;. ~L:;~ 0 0 ,.w--,-,IZ-k L ~E Roof """- """- 6LhTE.. D 0 I, WIN~g -to ~~:s 'f'! Pt..-"=-E a::::, Ac."S. ~ .- "- Windows "'- tt> "-. ~.~ Doors """'~Vt=- '. 0 0 buundary treatments L {~'"8.+=~ t=... ,1-..\<:> (e.g.fences, walls) ~<1c-rJ c.- E. 0 0 Vehicle access and ~~AVE:.L- ~f2..-kY't=:=:L-- hard-standing 0 0 Ughting 0 0 Others (pleasespecify) 0 0 Are you supplying additional information on submitted plan(s)/drawing(s)/design and access statement? ~Yes ONo If" ;,please state references for the plan(s)/drawing(s)/design and access statement ."'D1:.kW',JCr-~ {4-~-+t::O (SA =(;,A $D~ ~e:::'Dc..> L""-. DP We:; ~g ) ::!--<...<.s h ~(c-hflz,l"--1~"S.rct<.1 .;P, he::-~~ :::?'t A. fs0 ~N f. 11. Vehicle Parking Please provide information on the existing and proposed number of on-site parking spaces: Total proposed (including Difference Type of Vehicle Total Existing spaces retained) in spaces cars cd N'c di-t...J ee. . ;<..jal'...! E... Ught goods vehicles! public carrier vehicles Motorcycles Disability spaces Cycle spaces Other (e.g.Bus) Other (e.g.Bus) 12. Foul Sewage . 13.Assessment of-Flood Risk . ,--" Please state how foul sewage is to be disposed of: Is the site within an area at risk of flooding? (Refer to the Environment Agency's Flood Map showing flood zones 2and 3and o Mains sewer o Cess pit consult Environment Agency standing advice.and your local planning authority requirements for information as necessary.) I2J'Septic tank o Other DYes wNo If Yes, you will need to submit a Flood Risk Assessment to consider o Package treatment plant the risk to the proposed site. Are you proposing to Is your proposal within 20 metres of a connect to the existing drainage system? DYes watercourse (e.g.river, stream or beck)? DYes Will the proposal increase If Yes, please include the details of the existing system on the the flood risk elsewhere? DYes application drawings and state references forthe plan(s)/drawing(s): How will surface water be disposed of? o Sustainable drainage system o Existing watercourse ~Soakaway ~ .>-te0 o Pond/lake D Mainsewer 14. Biodiversity and Geological Conservation 15. Existing Use ( ) Is there a reasonable likelihood of the following being affected Please describe the current use of the site: adversely or conserved and enhanced within the application site, or on land adjacent to or near the application site? aJ Protected and priority species: 6Yes, onthe development site (5:...1::.. 'Q.~-r~ Is the site currently vacant? DYes o Yes, on land adjacent to or near the proposed development If Yes, please describe the last use of the site: o No b) Designated sites, important habitats or other biodiversity features: 1_ _ 1 o Yes, on the development site When did this use end (if known)? .------1 DD/MM/yYYY I (date where known may be approximate) ------' o Yes, on land adjacent to or near the proposed development ~o Does the proposal involve any of the following: Land which is known to be contaminated? [jYes kJNo c)Features of geological conservation importance: Land where contamination is suspected for all or part of the site? DYes erNo o Yes, on the development site A proposed use that would be particularly vulnerable Yes, on land adjacent to or near the proposed development o to the presence of contamination? DYes ~NO . If you have answered Yesto any of the above,you will need to submit an appropriate contamination assessment. 16. Trees and Hedges 17. Trade Effluent Are there trees or hedges on the ~ Does the proposal involve.the need to ~ proposed development site? 0 Yes ~ No dispose of trade effluents or waste? 0 Yes M No And/or: Are there trees or hedges on land adjacent to the If Yes, please describe the nature, volume and means of disposal proposed development site that could influence the of trade effluents or waste development or might be Important as part 0 - /' ofthe local landscape character? Yes l}fNo If Yes to either or both of the above, you will need to provide a full Tree Survey, with accompanying plan before your application can be determined. Your local Planning Authority should make clear on its website what the survey should contain, in accordance with the current '855837:Trees in relation to construction- Recommendations'. S[)i,Ie; 2007/05131 10'052:15 SSReYiSIOn: 1,22 S _. of residential units? ~n'l;ss O~cha~ge ~fuse es ONo If Yes, please complete details ofthe changes in the tables below: Proposed Housing Existing Housing Market Not Number of Bedrooms Total Market Not Number of Bedrooms Total Housing known 1 2 3 4+ Unknown Housing known 1 2 3 4+ Unknown Houses 0 Iv I Houses 0 Flats and maisonettes 0 Flats and maisonettes 0 ../ " Uve-work units 0 live-work units 0 / Ouster flats 0 " Cluster flats D..... V ~j Sheltered housing 0 ': Sheltered housing ./MJ _c, Bedsitlstudios 0 " Bedsitlstudij)V 0 Unknown type 0 1 Unkn~type .i .... 0 Totals (o+b+c+d+e+f+g)= I Totals (a + b + c+ d +e +f+ g)= [ Number of Bedrooms Total Number of Bedrooms Total Social Rented Not Sodal Rented Not known 1 2 3 4+ Unknown known 1 2 3 4+ Unknown ~"'l~~es 0 .' Houses 0 ,:;: \ V .-, I ,_Jand maisonettes 0 ...... - Flats and maisonettes 0 V t; v Uve-work units ...... - " 0 Uve-work units 0 V " Cluster flats 0 / :! Cluster flats 0./V ..} Sheltered housing L..-ff t Sheltered housing../ VD ~ . Bedsitlstudios .../ 0 BedsitlstuV 0 Unknown type 0 ~ Un~ntype 0 9 Totals (o+b+c+d+e+f+g)= E Totals (a+b+c+d+e+f+g)= F Not Number of Bedrooms Total Number of Bedrooms Total Intermediate Intermediate Not known 1 2 3 4+ iklnknown known 1 2 3 4+ UnknoJtVO Houses 0 /'" ,). Houses 0 V a ./ Flats and maisonettes 0 {J Flats and maisonettes 0 .. ./ ../ , live-work units 0 ./ .. live-work units 0 V C1usterflats jd"" ..f Cluster flats j:V f:' 'tered housing/ 0 , Sheltered housiny 0 , - BedSitlstudi9"'" 0 F Bedsitl~ 0 ; Unkno)ollri'type 0 9 Unkrfown type 0 9 Totals (0+b+c+d+e+f+g) = ... Totals (a+b+c+d+e+f+g)- ,.; Number of Bedrooms Total Number of Bedrooms Total Key worker Not Key worker Not known 1 2 3 4+ Unknown known 1 2 3 4+ Unknown Houses ,. Houses ,/t' 0 " 0 .... Flats and maisonettes 0 n Flats and maisonettes 0 .....V b .,' live-work units 0 ../ " live-work units 0 ...... Cluster flats 0 ..v ..1 Cluster flats 0 / (1 ./ Sheltered housing 0 ./' Sheltered housing ./.....-0 f , , Bedsitlstudios 0 V Bedsitlstu~ 0 Unknown type .A:1 g UjJlorIl5wn type 0 9 .... Totals(o+b+c+d+e+f+g)= J Totals (a+b+c+d+e+f+g)= ..... I Total proposed residential units (A+B+C+D)= [J] I Total existing residential units (E+F+G+H)= I C I I TOTAL NET GAIN or LOSS of RESIDENTIAL UNITS (ProposedHousing Grand Total Existing Housing Grand Totallj , I .. . ~ ... Does your proposal involve the loss, gain or change of use of non-residential floorspace? 0 Yes No ' , If you have answered Yes to the question above please add details in the following table: Gross internal floOfspace Total gross Internal Net additional gross :0'" Existing gross . internal to be lost by change of floorspace proposed internal floorspace Use class/type of use ~ _0. floorspace use or demolition {including change of follOWing development (square metres) zOc. .. (square metres) (square metres) use)(square metres) A1 Shops 0 Net tradable area: 0 Financial and Al professional services 0 A3 Restaurants and cafes 0 A4 Drinking establishments 0 / AS Hot food takeaways 0 / B1 (a) Office (otherthan Al) 0 / B1 (b) Research and develooment 0 / 81 (c) Ught industrial 0 / 82 General industrial 0 / --' B8 Storage or distribution 0 / (1 Hotels and halls of residence 0 / Q Residential institutions 0 / 01 Non-residential institutions 0 / 02 Assembly and leisure 0 / OTHER Please specify 0 / 0 / Total / In addition,for hotels, residential in5ti!Jrlfons and hostels, please additionally indicate the loss or gain of rooms Not ~grooms to be lost by change Total rooms proposed (including Use Type of use Net additional rooms class applicable of use or demolition changes of use) (1 Hotels 0 Residential Q 0 Institutions - Other Hostels 0 20. Employment Please complete the following information regarding employees: Total full-time Full-time Part-time Not known uivalent Existing employees Proposed employees Please state the hours of opening for each non-residential use proposed: Sunday and Use Monday to Friday Saturday Not known Bank Holida s Please state the site area in hectares (hal I $DaE1lD1J081121S:2Qm $SQerision: 1.24 $ _ 23. Industrial or Commercial Processes and Machinery < Please describe the activities and processes which would be carried out on the site and the end products including plant, ventilation or air conditioning. Please include the N/A type of machinery which may be installed on site: Is the proposal a waste management development? DYes 0'No If the answer is Yes, please complete the following table: .. The total capacity of the void in cubic metres, Maximum annual operational :0 including engineering surcharge and making no throughput in tonnes u'" allowance for cover or restoration material (or (or Iitres if liqUid waste) tonnes if solid waste or litres if liquid waste) ~~ /' Inert landfill D / Non-hazardous landfill D /' Hazardous landfill D V Energy from waste incineration D / Other incineration D / landfill gas generation plant D / Pyrolysis/gasification D / Metal recycling site D / Transfer stations D / Material recovery/recycling facilities (MRFs) D / Household civic amenity sites D / Open windro!N composting D / In-vessel composting D / Anaerobic digestion D / Any combined mechanical, biol~cal and/ or thermal treatment (M ~ Sewage treatment works / D Other treatment / D Recycling facilities construction, d~lition and excavation waste D Storage of waste / D Other waste mana ment D Other devel~ents D se provide the mJiimum annual operational throughput ofthe following waste streams: f- / Municipal C0struction,demolition and excavation / Commercial and industrial / Hazardous If~~,a landfill application you will need to provide further infonmation before your application can be determined. Your waste pia ing authority should make clear what information it requires on its website. 24. Hazardous Substances o Notapplicable Other. I '-----;:::======1 Amount (tonnes): . Amount (tonnes): $Date:2007/01J122 15:20:03 $$Revision: 1.24 $ Certificates Signed Icertifyffhe which 25. One Certificate A, B,C, or D,must be completed,together with the A!iricultural Holdings Certificate with this application f';rm CERTIFICATE OF OWNERSHIP -CERTIFICATE A .Town and Country PIi!nnIng (GeneralDevelopment Procedure)Order 1995Certificate . under Artide 7 applicant certifies that on the day 21 days before the date ofthis application nobody except myself/ the applicant was the (owne,;sa pe,son with a freehold inte,est 0'leasehOldZwithat least 7yea15 left to fUn)of any part of the land or building to owner the application relates. n- /)IJ "rJ Applicant .signed, . .signe Name of Owner Address .J.l'R'! NOtice Served ~ ~ / .. ""., _"'0" .., -. -- ;7 / - Applicant/ Or signed - Agent Date (DD/MMIYYYY): / II II I CERTIFICATE OF OWNERSHIP -CERTIFICATE C Town and Country Planning (General Development Procedure)Order 1995 Certificate under Artide 7 The applicant certifies that Icertify/ Neither Certificate A orB can be issued for this application All reasonable stefos have been taken to find out the names and addresses of the other owners (owne,is a pe150n with a freehold inte,est o,leaseho d interest with atleast 7yea15 lefttofUn )ofthe land or building..or of a part of it ,.but IhaVe/the applicant has been unable to do so. steps taken were: The J I Name of Owner Address Date Notice Served ~v--- / / / / of the application has bee~ed in the following newspaper On the following date (which must not be earlier Notice in the area where the I is situated): (drculatingthan 21 days before the date of the application): / II I - Applica~ Or signed - Agent Date (DD/MMIYYYYl: Signed /" II II I I 1 4 Certificates (continued) Notice copies copies The copies before ~--=---"------,-----, gricultural 25. CERTIFICATE OF OWNERSHIP -CERTIFICATE D Town and Country Planning (GeneralDevelopment Procedure)Order 1995 Certificate under Article 7 I certifyl The applicant certifies that: . I Certificate Acannot be issued for this application All reasonable steps have been taken to find out the names and addresses of everyone else who,on y 21 days before the date of this application, was the owner (owneris a person with a freehold interest or leasehold interestw' east 7years left to run )of any part of the land to which this application relates,. but.! havel the applicant has been unable t so. steps taken were: of the application has been published in allowing newspaper On the following date (which must not be earlier in the area where the land is si ed): (circulatin than 21 days before the date ofthe application): 1 ' ,or signed - Agent Date (DD/MMIYYYY): II I AGRICULTURAL HOLDINGS CERTIFICATE Town and Country Planning (GeneralDevelopment Procedure)Order 1995Certificate under Article 7 Land Declaration - You Must Complete Either Aor B rA) None of the land to which the application relates is, or is part of,an agricultural holding. [~;ed:;-A:P;P:I:ic:an;t;.~;;;~~~~~~~~~o~rS~ig:n~ed~-;A;g;e;n;t;~~~~~~~;~;;),,Date (DD/MMIYYYYl:, v The applicant has given the requisite notice to every person other than myselfl the applicant who, on the day21 days the date of this application, was a tenant of an agricultural holding on all or part ofthe land to which this application relates. listed below: as NameofTenant Address Date Notice Served Applicant DateSigned (DD/MMIYYYY): ,r'iIs_~~o 9 .1 read the follOWing checklist to make sure you have .sent Ithe information in support of your proposal. Failure to submit all Please required will result in your application being deem invalid. It will not be considered valid until all information required byinformation Local Planning Authority has been submitted. the The correct fee: of a completed and dated application form: 3 ~ 3copies of a design and access statement: ofthe ptan which identifies the land to which 3 application relates drawn to an identified 3copies of the completed.dated Article 7 the and showing the direction of North: r:( Certificate (Agricultural Holdings): scale 3copies of the completed,dated of other plans and drawings or information 3 ~ Ownership Certificate (A,B, C, or D- as applicable):t::J to describe the subject of the application: necessary~ hereby apply for planning permission/consent as d I/we information. - Applicant Signed ate (DD/MMIYYYY): S /' q (datecannot be -b-0 ".pre-application) S~1fX111081Z2 IS:2QO)$Sfteo,isicn 1.24S 28. Applicant Contact Details 29. Agent Contact Details < TelePh.bne numbers Telephone numbers Extension Extension Count')' code: National number: number. Country code: National number. number. I . 11 ~II_1 1 IIDi2-9~ ~71Iaojl----J Country code: Mobile number (optional): Country code: Mobile number (optional): I II ".. II 110 754-9 b"b~ 1 Country code: Fax number (optional): Country code: Fax number (optional): I II 1 I II~ _ Email address (optional): E,:,m~ai71a~d~d:::res~s~(O~P~ti~o~n~al'!:.):==-_ _,---~ , I ,I d Sar",k-sPo.=!. C-o'-'-" Can the site be seen from a public road, public footpath,bridleway or other public land? If the planning authority needs to make an appointment to cany ~/ Other (if different from the ent Applicant out a site visit, whom should they contact? (Please selea only oneJ 0 Ag o O agent/applicant's details) If Other has been selected, please provide: Contact name: Telephone number. II ] Email address: I $Da.te:2007/08!221S:2Q:f)3 S.$aeYision;1.24 $ NP/HPKr'O 60904 ALLOCATED 'GROUP JUSTIFICATION STATEMENT AND OFFICER DESIGN &ACCESS STATEMENT DATE REC'1l nQll,1\I 2009 ACIlNOWLEDGE14ENT: GREEN FARM, KING STERNDALE REPLY, FILE ALLOCAlION, COPIED TO: Proposed Conversion of Barn 3to a single dwelling &other restoration works to Barns 1 &2, Planning History Planning consent was granted in January 1988 (NP/HPKl10871142)for the conver- I sian of Bam 3(as identified on the current application drawings) to 2 holiday let units and 1 unit of accommodation for use by the applicant's parents. On their ceasing to occupy the property, this 3"' unit was then also to be used as holiday accommoda- tion. A condition was also attached to this approval requiring that Bam 3 was to remain within the same ownership as the main dwelling at Green Farm. No such condition was attached to Barns 1 & 2. This condition was removed by a later consent in May 2007 (NPIWED/0307/0272). Setting King Stemdale is a traditional; agricultural hamlet located between the A6 and the A515 on the approach to Buxton, The individual properties are generally substantial with open spaces between the farm holdings, Existing Arrangement The three Barns form an inverted U shaped arrangement around a courtyard, They are substantial, traditionally constructed. limestone bUildings with natural slate roofs and gritstone quoins and details. The barns are set a short a short distance away from the original farmhouse. The majority of the original farmed land was disposed of many years before Dr. and Mrs, Williams' acquired the buildings. Green Fann, King Slemdale page 1 DavId Suthetland Att:hilects The main Green Farm dwelling is grade II listed, with the traditional barns being cur- tilage buildings with listed building protection. Bam 3was converted to holiday let use in 1988. The conversion was not particularly successful either in aesthetic or financial terms. Mrs. Williams has not let the build- ings for several years and they have a dated, neglected air about them. No original drawings exist for Bam 3. An evaluation has therefore been carried out which would indicate that before its conversion, the main ground floor area was one large open space with the 'knuckle' connection to Bam 2 being separated off with a stone partition wall. This is still in position. The main ground floor area would have been fitled with stalls, as are Bams 1 & 2. The floor of the stalls would have been concrete, one step up from the main floor level to facilitate cleaning. The first floor, with the exception of the 'knuckle'junction with Bam 2 would have been open to the underside of the roof with exposed timber trusses and purlins. To the east of Bam 3 is a run of poor quality lean-to buildings formerly used as chicken sheds, but now standing empty. Though within the application site, no pro- posals are currently being put forward for these buildings. Barns 1 & 2 are currently in use as general store buildings for agricultural imple- ments, machinery, fodder for some animals and other low-key associated uses. Both barns are in need of considerable maintenance atlention. This is detailed more fully in the attached schedule of proposed works. There is a modern agricultural building to the north of Bam 2 though post 1948 con- struction and does not benefit from listed building protection. The Proposal It is proposed to convert the three holiday-let units in Bam 3 into a single residential unit. This would then be sold with the benefit of planning consent and the proceeds of the sale used to finance the necessary repairs and restoration works to Barns 1 & 2. It is not proposed to alter the current use to which Barns 1& 2 are put. Long and detailed discussions have taken place with the planning conservation of- ficers of the PDNPA and it is clearly understood that whilst this is a relatively unusual Green Fann, King stemdale page 2 David Sutherland Archnects proposal, the officers concerned, together with their managers, support this applica- tion. A Section 106 Agreement of the Town and Country Planning Ad 1990 has been drafted and submitted to the PDNPA to be considered in parallel with the planning and listed building applications for these works. That agreement relates to the pro- posed works to Barns 1& 2. Bam 3will be sold and converted separately. The conversion work to Bam 3 involves the complete stripping of the internal, hol~ . day-let configuration and its replacement with fewer sulrdivisions to reflect the origi- nal more open charader of the building. The first floor will remain as a largely single space, open to the underside of the roof. The Bedrooms are all sited on the ground floor - which was previously visually split into smaller spaces by the stalls. The tim- ber lower panels to the altered door openings have been replaced with limestone in- fills to match the altered door openings on Barns 1 & 2. All eXisting rooflights have been omitted. The metal flue pipe has been retained in its present position. though this is to be painted black to reduce its impact. All external timber doors will be replaced with vertically boarded units with a smaR glazed panel, as shown. Windows will be replaced with new hopper style units, to match the style of the existing units on Barns 1& 2, the top sections being hinged. A schedule of items of work for the restoration and repair of Barns 1 & 2 has been prepared in consultation and agreement with the Authority's officers and is appended to this application. Access There are 3accesses to the site, though only one is currentiy used. It is proposed to retain the western-most access for the sole use of Green Farm House. The adjacent access to the east will be re-activated for use by the future owners of Bam 3. Access to this is off a narrow track presently running alongside the village green, which is also owned by Mrs. Williams. Green Farm, King Stemdala page 3 David Sutherland Architects Summary This application puts forward a mechanism for the restoration of all 3 Barns, with no perceived drawback. Barns 1 & 2 will be restored and repaired with their future guar- anteed for the long term - with no associated change of use. The existing conversion to Bam 3 will be un. external openings will be detailed in a way which reflects better the character of the original building. The internal arrangement of the dwelling will be much more open. I consider that this scheme, though possibly fitting not entirely comfortably into the Authority's adopted policies regarding housing designation in rural locations, it makes a significant and positive contribution to the environment in general and these buildings in particular. On this basis I strongly urge the approval of this application.. David Sutherland Architects June 2009 Green Fenn, King Stemdale page 4 David Sutherland Arohitecls ~ ALLOCATED :GROUP NP/HPl~'O 609049 3 OFFICER DATE REC'O 09 .IUN 2009 ACIIiDIOWLEDGEMENT: SCHEDULE OF PROPOSED WORKS TO REPLY: FILE ALLOCA1'ION: COPIED TO: GREEN FARM, KING STERNDALE Works to Bams 1& 2 and courtyard 1. Existing hedging and divisions to courtyard are to be removed.. 2. Consolidated gravel is to be laid to the courtyard, (except for a stone flagged path along s.w. elevation of Bam 3.) 3. Arch to Bam 1 south elevation gable end - Voussoirs are to be cut out and new sections inserted to match original stonework by a specialist stonema- son where damaged on inner face following insertion of steel beam. Steel- work to timber first floor to room immediately inside arch is to be removed. Timber floor to be replaced to ditto. Infill blockwork from opening is to be removed and vertically boarded timber doors are to be fitted. 4. Arch to Bam 1 East Elevation - Quoins are to be repaired with damaged sections cut out and new sections to be inserted to match the original stonework by a specialist stonemason where damaged externally. 5. Fit two box section, steel frames inside the arched opening to support the arched stonework to S.E. and ArcMects details. Two vertically boarded timber doors are to be fitted into the opening, supported on brackets hung from the outer steel frame. The doors are to be divided at first floor level to allow separate access to ground and first floors. Two separate brick piers are to be constructed internally, up to the underside of truss level. A steel beam to span between the piers is to support the truss at eaves level. Green Farm, King Stemdale page 1 David Sutherland ATcMecis 6. The roof to Bam 1 is to be stripped and repaired as necessary and re-c1ad in natural blue slates, re-using existing slates where in sound condition. Ex- isting fascia boards are to be removed and gutters fitted on rise and fall brackets. Rafters, wall plates and other timbers are to be replaced/repaired as becomes evident following stripping of the roof covering. 6. Where applicable - openings with concrete lintols are to be replaced with natural gritstone to match the style and appearance of original Iintols else- where on property. Defective inner lintols are to be replaced with seasoned oak sections to match original dimensions. 7. All doorslwindows to Barns 1 & 2 are to be repaired or replaced with units of approved detail by PDNPA and painted an approved colour. Green Fann. King Stemda/e .page2 David Sutherland Architects ~~~D n~ ,Ii IN 2009 ACWNoWl~DGEMEN~ -NATIONAL P.'&"RK AUTHORITY REPLY: ~f12lE~A1.~ll!DC~"_,"_llN_: _ _-- - - - ' "rotected species form Page 1 lCOPIED 10: Peak District National Park Protected Species Form The Peak District's wildlife is a valued characteristic that is important to local people and" visitors alike. One of the statutory duties of the National Park Authority is to conserve this natural heritage for future generations to enjoy. The Protected species form will both speed up the planning process for applicants and assist in wildlife conservation. Applications for Planning and Listed Building Consent will not be registered unless 4 copies of th~ form are received fully completed and signed by the applicant' or agent. Only 1 completed set of forms is required for applications involving both Planning and Listed Building Consent. Please include 4 copies of the completed form with your planning application using the notes (page 2) and the flow diagram (page 3)to help you. Name of Applicant: Name of Agent: r M2s;. S WILLi4...\ ~ \::)AV I D '&0.-<...t~{'I=_2. L """-i~ ).;P=tf-';;;:. Address of Applicant: Address of Agent: G,.'i2.:L~ :PA2Jv\ 'L c:::...... C2. z..:",,-,> Brief Description of Nature of Proposed Development <- Tick Boxes that apply I have read the information in' this document on Protected species and do not believe a Protected species survey is required for the application D (i) the proposed development is not a type listed in Box'1 or 2. D (ii) other reasons .. Please specify and attach supporting information (photographs, historidil documents etc). Please note if you tick this box the registration of your application will be delayed while confirmation checks are made. OR I have read the enclosed guidance and the proposed development is listed in Box 1 and/or 2 as 'one' which may have an impact on a Protected species. ~(iii) I enclose 4 copies of a re (where presence is confirmed).' Signature of applicant or agent Date: ?::-..~.~.S?.:9. . Development Control Services: National Park Office, Baslow Road. Bakewell DE45 1AE. Tel 01629 816200 1 NP/HPKf060 90493 MR & MRS WILLIAMS GREEN FARM, KINGSTERNDALE BUILDING ASSESSMENT BAT & BARN OWL SCOPING SURVEY INCLUDING EVENING NOCTURNAL BAT ACTIVITY SURVEY SEPTEMBER 2008 ALLOCATED :GROUP OFFICER DATE 'REC'O n IJ ,/11/1/ 2009 ACICIIOWLEOG MENT, REPLY' FILE ALL(iCAJlON' COP/EO TO , ' BBB ECOWGY SURVEYS 4 MILBURN COURT SOTHALL SHEFFIELD S202QW 07972816649 [email protected] CONTENTS: 1.0 Introduction 2.0 Methodology 3.0 Results 4.0 Discussion and Recommendations FIGURES: 1 Location Plan 2 Building Plan 3 Ridge slate access points 4 American Style Bat Box diagram BBB Ecology BBB08I026 June 2008 2 1.0 INTRODUCTION 1.1 This report has been commissioned by Dr & Mrs Williams and compromises an internal/external building assessment for the presence of bats and barn owl at two agricultural barns and one Holiday Let converted barn at Green Farm. The report also includes the results of an evening emergence bat activity survey undertaken at the three structures. The surveys were completed on the 11th September 2008 under Natural England bat licence no 20081015 and barn owl licence 20071133 (currently being renewed). 1.2 The two agricultural barns are to be repaired inclusive of minor renovations. The converted barn is to have a change of uSe from holiday let to permanent residency application submitted. No works are to be undertaken on the already converted barn. The three structures are two storeys in height and constructed in local stone and are formed around a "U"shaped courtyard. Green farmhouse currently stands immediately to the south west of the courtyard and barns. 1.3 Habitats within the site comprised stone/gravel hard standing driveway, paved paths in front of the barns. The driveway is accessed immediately from the roadside. The courtyard is enclosed to its southern aspect by a stone wall that runs along the road side border of the courtyard. A cottage garden stands to the front of the Green farmhouse and pasture land is located to the north of the buildings. Mature broadleaved woodland is situated further north of the pasture. 1.4 A modern agricultural building is attached in a lean too design to the northern elevation of the centrally located agricultural barn. A further attached stone built outbuilding is attached between the northern and western gable end walls of two barns to be repaired. 1.5 The property is situated to the edge of the village of King Sterndale and is approximately 5 miles east of Buxton (grid reference SK 095 722 Figure 1). The property is situated in a rural location within the Peak District National Park and is immediately surrounded by predominantly livestock grazing and agricultural land. Mature woodland inclusive of ancient BBB Ecology BBB08lO26 June 2008 3 replanted stands and Wye Dale Special Scientific Site of Interest Unit are located to the north and north east of the site. BBB Ecology BBB08lO26 June 2008 4 2.0 IllETRODOLOGY BatsChlroptetu 2.1 The external elevations of the buildings were assessed for features that could provide suitable access points for bats. Such features comprise: small gaps at the eaves; gaps underneath raised or missing ridge/roof tiles/slates; gaps in degraded mortar under gable end verges; gaps under lifted and raised flashings; gaps in stonework and masonry where degradation of mortar has occurred; gaps through missing or broken windows and doors. 2.2 During the survey, evidence that bats were using these features was also sought. Such evidence included: staining caused by mammalian fur oils within potential access points; the presence of bat droppings within or below the access points; urine staining beneath access points; scratch marks around the access points; visual sightings of roosting bats. 2.3 Indicators that access points had not been recently used included the presence of heavy cob webbing and general detritus across potential access point openings. 2.4 The internal building survey was focused on roof timbers and other cavities where bats could potentially roost. During the survey the evidence of current or previous occupation by bats was sought. Such evidence comprised: the presence of dead or alive bats; concentrated piles or scattered bat droppings; food remains such as insect wing fragments; urine staining on woodwork, stored items or pipe work. 2.5 The evening bat emergence survey was focused on the external features of the building that were identified as offering potential for bats to utilise for exiting the property. An ultrasonic bat detector (Bat Box Duet) and infa red torch were used to undertake the evening emergence survey so BBB Ecology BBB08I026 June 2008 5 as to record any echolocation calls from bats present and to identiiY where bats may be roosting and accessing or exiting the buildings. The survey was carried out on 11/09/2008 in suitable temperatures with little or no wind. The survey began at 19.15pm and was completed at 21.30pm. Barn Owl Tyto alba 2.7 The external elevations of the buildings were assessed for features that could provide suitable access points for barn owls. Such features comprise: missing roof or ridge slates/tiles; gaps through open, missing or broken windows; gaps through open stable doors; structural dove openings at gable end walls. 2.8 Evidence of barn owl occupation past and present was also sought,. including droppings and pellets below or against roosting or perching places. 2.9 The internal building survey was focused on roof timbers, wall tops, ledges, hay bales and wall cavities where barn owls could potentially roost. During the survey the evidence of current or previous occupation by barn owls was sought, including: concentrated droppings stripes/ splats on walls or below potential perches; concentrated pellet remains below potential perches or roosts; evidence of nest remains on ledges/wall tops/cavities; concentrations of feathers below roosting and nesting sites. Ba8 Ecology 888081026 June 2008 6 3.0 RESULTS 3.1 The results of the internal/ external building assessment and the evening nocturnal survey are summarised below. Relevant external building descriptions are provided in Table 1 & 2. External survey for bats 3.2 During the survey no evidence of bat occupation or activity was observed on the external elevations of the bams to be repaired and renovated or for the bam for the change of occupancy use. However, there were numerous potential bat access and exit points on the agricultural bam structures that bats could utilise. These comprised: gaps through missing, raised or slipped roof slates and ridge slates/tiles; gaps through missing window glass and open or missing doors; gaps in degraded mortar joints or through missing stonework. Internal survey for bats 3.3 During the survey evidence of occasional brown long-eared feeding perches were observed in the two bam buildings formally used for agricultural purposes. A small amount of scattered brown long-eared bat droppings were observed throughout the upper floors of the two barns where access was available. A small amount of yellow under wing moth remains were also present signifying brown long-eared bat prey being consumed within the buildings. 3.4 No live activity of bat usage was observed within the two buildings during the time of the survey. Two infra red night vision camcorders were strategically placed within either roof void of the two bams during the evening emergence survey. However no evidence of bat activity was recorded. 3.5 Potential roosting points were evident inside the bams and comprised: gaps above the ridge plate/boards of both barn buildings; gaps between the lower floor ceiling cross breams and the end walls; cracks in roofing timbers. BBB Ecology 888081026 June 2008 7 'Evening emergence survey for bats 3.4 No evidence of bats emerging from the barn buildings was noted during the evening emergence survey. A single pipistrelle bat Pipistrellus sp. flew over the site at 19.25pm from northern direction towards the village to the south. Several audible pipistrelle calls were recorded between 19.33 and 19.59 along the courtyard road side. Pipistrelle bats were also recorded foraging to the north of the modern rear agricultural building extension and to the west of the Green farmhouse. 3.5 No significant roosting bats were obsetved dUring the time of the nocturnal sutvey and only a limited amount of bat activity was recorded on the bat detectors or by visual sighting at dusk. External survey for barn owl 3.6 No evidence of occupation or activity of barn owl was recorded externally of the barn buildings. Several potential access points were identified upon the barn buildings which included: gaps at missing window glass or through open doors. Internal survey for barn owl 3:7 No evidence of barn owl occupation or activity was recorded during the internal,building inspections. The lower floors of the barns are not suitable for barn owl to use. The upper floors although offering some available access and suitable floor space and masonry ledge roosting have not been utilised presently or historically within either bu'ilding. BBB Ecology BBB08IV26 June 2008 8 Table 1 External Bundlnglnspectlon Bundlng Building Structure! Features Other External Potentlal Bat/Bam owl EvIdence or reference Construction/Description Present Structural Features or Accesa/Roost Occupation/ Comments number & Note Points Elevation :ll :l iii ...~ ~ Jj rlHI jj fi 18th /19th Century stone Bats Gaps'through No evidence of bat/barn West barn built two storey detached v" X X v" X v" Single storey part derelict slipped and raised roof owl occupation or activity barn with a pitched roof of stone built outbuilding and ridge slates. was observed on the slate. located to the north gable external elevations of the end wall. Slate pitched Gaps through missing bUilding during roof. window glass and open inspection or during the doors. evening bat emergence survey. Bam owl Gaps through missing window glass and open doors. North barn th l8 / 19'h Century stone High pitched lean too No evidence of bat/bam rear built two storey detached v" v" X X X v" design modem owl occupation or activity extension barn with a pitched slate Bsts Gaps through was observed on the roof. agricultural building missing window glass. abutting the north external elevations of the building during elevation wall. Roof inspection or during the and walls constructed Bam owl As above evening bat emergence of asbestos or metal survey. corrugated material. BBB Ecology BBB08lO26 June 2006 9 Table 1 External Building inspection Building Building Structural Features Other External Potential Bat/Bam owl EvIdence of reference ConstrUction/Description Present Structural Features of Access/RDost Occupation/ Comments number & Note Points Elevation 'o:l ... -~ - 18~" ~t . ~ Jj oU !& I! 18th /19th Century stone Bats Gaps at the eaves No evidence of bat/barn East barn built two storey detached v' X X v' X v' between the wall plate owl occupation or activity (Already barn with a pitched roof of and the slates. was observed on the cODverted slate. Modern windows and external elevations of the to holiday doors and well kept. building during leta) Bam owl Not suitable. inspection or during the evening bat emergence survey. BBB Ecology BBB08I026 June 2008 10 Table :3 Internal buUillng Hufyey Blilg Internal Features Structural Features of the EvIdence of occupaUon observed within the Building. Ref Roof Vold/CeUar No. ' North Ground floor. Former cattle stables X :It .;" .;" barn With exposed ceiling beams. White ceUing BatH. No evidence of bat activity or occupation found Within the washed walls and mainly used for ground floor section, Evidence of brown long-eared occasional storage. roosting and feeding perches within first floor section. Bats X .;" .;" .;" occasionally roosting and feeding perching at the ridge apex. FlrHt Floor. Floored area directly over stabling area.. Exposed roof king post design timbers With a 3 Barn OWl. No evidence of barn owl activity or occupation Within the metre floor to apex pitch. ground floor or first floor sections and extension. Ground Floor. Former cattle X X .;" .;" stables. Exposed ceiling limbers but ceiling metal corrugated sheeting used as BatH. No evidence of bat activity or occupation found within the floor covering. ground floor or lean too extensions sections. Evidence of brown East bam long-eared occasional roosting and feeding perches within first floor First Ooor. Single floor space. X X .;" .;" section. Bats occasionally roosting and feeding perching at the ridge Exposed King post roof beams, With apex. e. 3.5 metre floor to pitch. Single storev lean too. Exposed .;" .;" X :It Barn OWl. No evide,!ce of barn owi was observed within the ground metal roof supports. Metal floor or first floor of this building or the lean too extension. work BBB ECQ!ogy 888061026 Jun. 2008 11 Table 2 Internal Building Sn'rvey col1tlnued Bldg Internal Features Structural Features of the EvIdence ot occupation obi!erVed within the Building. Ref ROof Void/Cellar No. 11 i IIi '"X cZ i:il ilJ Ii East barn Currently used as holiday living X X X X Bats. Internals tlOt inspected for bat or barn owl evidence based on accommodation. the current usage and future proposed usage. Barn owl. Not suitable. BBB Ecology BBB08J026 June 2006 12 4.0 mSCUSSIONand RECOMMENDATIONS Bats and their roosts, whether they are occupied or not, are protected under the WBdlife and Countryside Act 1981 (asamendedl and the Conservation (NaturalHabitats &c.) Regulations 1994 (as amendedl~Should a hat roost he located within a structure a European Proteeted Species licence (EPSLImay he required for works involving destruction or disturbance to the roost. Such a licence would require mitigation in the form of a retained or alternative roosting site(s). 4.1 A small amount ofoccasional brown lOng-eared bat roostfug and feeding perch activity was observed within the west and north barns of the site. The bats are roosting in singular or small individual numbers, most likely non breeding females or a territorial Alpha male bat. 4.2 Only a small amount of scattered of bat droppings were observed within the west and north barn roof areas. Only small concentrations of droppings were observed directly underneath and in line with the ridge apexes of the roofs. A small number of moth remains were also present, although no large concentrations of remains were recorded. 4.3 Based on the survey findings it is considered that no significant maternity colony of brown lOng-eared bats or crevice dwelling bats have currently or historically been present within the buildings. 4.4 The west and north barns are only to receive minor repairs and renovations and therefore no application for a European Protected Species licence is required for the works to be undertaken. 4.5 However, as bats are present in low occasional numbers there will be a requirement to undertake the works outside of the active bat season (1st May to 31st August) so as to ensure that the works do not disturb any roosting bats that may be present. As the west barn may require roofing works to be undertaken on the roof, there will also be a requirement to enhance the barn by installing several bat access points at the ridge line (Fig.3). This will allow any occasional roosting bats to continue roosting at the barn after the completion of the renovation. It is currently BBB Ecology BBBml/026 June 2006 13 understood that there will be no change in use of the west and north barn buildings. 4.6 No evidence of bat occupation was observed upon the east ban> which is already converted into holiday let use. The change of use of the building to a residential dwelling will not compromise any potential bat roosting at the property and therefore no constraints should be attached to the change of use application with regards to protected wildlife species. 4.7 As with all properties whether new or old buildings, there is always the possibility that singular bats could be roosting in un-viewable areas of the buildings such as stonework joints or between slates. As a precautionary measure the following best working practices and procedures should be applied dUring all work operations to the ban> conversion development: . All workmen and associated parties invo1ved in the roofing repairs and renovation works at the site should be made aware that there is always a low potential for a singular roosting bat to be found under slates, under ridge tiles, wall plate tops, degraded mortar joints and in wall cavities. Any ridge tiles or roof slates that are required to be removed should be lifted in a slow and controlled manner and as vertically as possib1e.This application should ensure that no bats are injured or killed when removing the slates or tiles. Any roof timbers that require treating for beetle infestation should be first inspected with a torch so as to confirm that no bat is present, especially between gaps to masonry and timbers or between timber and timber or timber and slate. In the event that a bat or evidence of bats such as bat droppings, scratch marks or urine and fur staining are observed during any of the above work operations, work should cease immediately in that area and BBB Ecology contacted for further advice on 0797 281 6649. BBB Ecology will offer further advice or re-visit the site to re-assess the situation. BBB Ecology 88808/026 June 2008 14 If a significant bat roost is recorded on the re-assessment visit, and is deemed to conflict with the proposed works, work will need to cease immediately in that area. Further surveys will be required and a European Protected Species (EPS)Licence applied for from -Natural -England and supported by adequate mitigation proposals and facilitation before works can re-commence.A Natural England EPS licence application normally takes between 4-8 weeks for Natural England to process. The further survey work should be taken into account prior to the application of the licence of which will be determined by the bat activity season. Areas of the roof to be especially careful during work operations are at the ridge, wan plate tops and in areas of degraded mortar and stonework crevices and cavities. Areas internally to be especially careful during work operations are at the gaps at the end rafters to the gable end walls and at the eaves ends of the rafters. Any deep cracks, crevices, fissures, slits or degraded mortar joints that host dimensions of 20mm wide by 40mm long should first be inspected by torch so as to confirm the presence or absence of bats. In the event that the presence of bats cannot be confirmed during inspection, work should not begin in that area. Such works include raking and re-pointing ofstonework and window door lintels and frames. Bats are well recorded for roosting in such areas. 11evidence ofbats such as bat droppings, urine staining, fur staining or scratch marks from claws are observed around or within such area, work should cease in that area and further advice be sought from BBB Ecology on 0797 281 6649 or [email protected] The removal of the under felt within the west bam if required should be undertaken with care. The under felt should be removed as horizontally as possible as there is potential for bats to be roosting on top of the under felt below the roof slates roof. BBB Ecology BBOO8I026 June 2008 15 Works should be timed to be undertaken after 316t August and be completed before 1""May. Bat access slates/points should be installed to the west barn roof on completion ofworks. 4.10 No evidence of current nesting birds was observed on any of the elevations of the areas of the buildings where works are proposed. However, historical nesting sites were observed and the potential for access for birds to enter into the buildings both for external and internal nesting should not be discounted during this summer period. All areas of the conversion where building and demolition works takes place should be thoroughly searched for nesting birds before work commences. Work should not commence until any nesting birds that may be in occupation have left the nest naturally either after the end of the nesting season (March-September)or after any fledglings have left the nest. Nesting birds are protected by the British WildlifeLegislation during the nesting bird season. 4.11 Mrs and Dr Williams are extremely passionate about attracting wildlife to their property and already have a small bat box and barn owl box erected within the grounds to try and persuade such species to take up residency at the site. 4.12 Although the current findings of the internal/external building assessment and the evening nocturnal survey did not record any significant bat roosting at the barns there is an ideal opportunity to offer some enhancement for bats to the externals of the barns for roosting utilisation during the works proposed. 4.13 Part of this enhancement is already recommended with the installation of bat access points at the ridge of the west and north barns where bats are already utilising the roof space as occasional feeding and summer roosting areas. Further enhancement could be installed by erecting several American Style large chambered bat boxes either within the west or the north barns at the north and west internal gables apex walls or by erecting such boxes at the north and west eternal gable wall apexes. BBB EctJIogy BBB08IlJ26 June 2008 16 4.14 The internal bat boxes may attract roof voiding bats in a small capacity to roost internally of the buildings at the upper floors and out of the way of any future conflict to the buildings use. The external bat boxes would offer an ideal roosting area for crevice dwelling bats to colonise the boxes, based on the location of buildings being close to open countryside, hedgerow and mature woodland edge. 4.15 Bat access points installed at the ridges are inexpensive and can be undertaken by the contractors or workmen commission to undertake the roofing repairs. Diagrams are simple to follow for this installation. 4.16 American style bat boxes can be home made via the diagram instructions or can be purchased from a local source using bespoke materials that sit well within the aesthetics of older ad listed buildings. BBB Ecology 88B08lO26 June 2008 17 --Dr &. ~frs Williams, Green Farm, King Sterndale, Derbyshire Location Plan.Figure 1 Not to Scale@A4 September 2008 Green Farm, King Stemdale, Derbyshire. Grid reference 095 722 ~ W BBB Ecology .. Milburn Court, Sothall. Sheffield, 520 20W, Tel: 0797 281 6649 Surveys ,6 B8 L.ocation Plan. Figure 1 to(.o Scale 8"'~ September 2001 , Lean too extension , too north bam Further derelict outbuilding West bam Court yard , Road Farm House Roof ridge line King Sterndale hamlet Direction of lean too roof !slope Brown long-eared bat Recommended options for e droppings and prey remains external bat box installation Recommended options for Recommended options for e internal bat box installation ridge slate access points BBB Ecology Vllh'. en.'.''''''II. Surveys ...... m ..I ' , U20"'. h" un. JI' .. .. -o----r-w dTia m s & Mrs W i 11 i a m s, G r e e n Far m, Kin g S t ern d ale, 0 e r b s y h sir e Mitigation specification External ridge access. Figure 3 Not to Scale@A4 September 2008 ~Jt'be 17L--f. ACC-E.'7'7 D ,AIL Bitumen under felt Gap cut in under-felt below access point to allow bats access the roof voids. "'7'" e "" oFTlot--! A..- ..... OPTION B- ROOF ~1t>bE "7ET oN TOt=' MAl NTAlii '2.0 M111\ 1""'\0 ~iAf.. Of <*NEAAL. ~IPCTf T1 1.-1:7 6Af:4> L.EAVE Pc 5ec.TlbN ~ fOlZM ~Ar !\-CCE9?&A:f'. OUT. BBB Ecology " Milburn Court. Sol".". Sheffield, S2020W. Tel: 0791281 66.9 Surveys - a 8 B ee 0logytjgo oglem ..iI.com -or-& Mrs Williams, Green Farm, King Sterndale, Derbsyhire Mitig':'tion specification, American style Bat Box. Figure 4 , Not to ScaLe@A4 September 2008 ., Four~chamber '''--.'' Nursery House ~ ...... Assembl !J'. Dia'll1ns ~ I I. f I I , m.ij:... , m: fl i 1:~~~~ llotlomView- -...... ~.- , :, ~,i /;;~/ rOIl! 5UPPC!f , ,. Side View BBB Ecology 4 Milburn C"Uft. sathlll', SheHloldd, 520 2QW. Tel; 0797 28166"9 Surveys ,BBBe coI09!f@ g"oQ lem"il. com Green Farm, King Sterndale ....-. .. 0 , "" , ,-"'"" , , 0 , 0 , 0 , , , , , , 0 , , , , , , .24- 0 ,. 0 , 2 0 0 , 0 , 0 i , , , , = 23 o o 23 I 22 22 21 21 95 01 :100050.10 100 Al~ATED :GROUP David Suthel1and A OfFICER DATE R~ n.q .'"N Z009 AClaIowtEoaeMEHT: REPLY; . 1"2SOQ saN P'lfII at M ","ON; ce-~""nor---...d ~tIO ______10001- CENTREMAPSlive' Green Farm, King Sterndale 54 , 26 r 126 l I Green ~A.~N Farm 24 . - .24 1 ~ !D 22 22 + 313.9m ,r.2Or.. !----.l....c.:=.------..,..L-----e-'-..,..C-----...:..-----I .,20. 54 56 _ .,I IOI~1.1l1'1ll t t I I J I I I ALLOCATED :GROUP OFF1eSII DATE ..1 REC',.. 0~ JUN 2009 David Suthertand A os_ ActalOWLEDGlEWENl': REPl~ ,,--_ _ ...., ; 5 '.CQm FILE ALlOCA-noN: COPlEDro: 1 sao Ic.Ie ptI'lt ..M o Crown CGpynght. M ngfItI -- ' .l.anal no CENTREMAPSlivs' ______'00019911 _~.c6.lOk . '=:>0::0. ~ ~~ c"'-.... 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A~~p..", , f\IP!\4Pt{l n ~ n~:tr,r9 .E Ai. CII N. :5 COPIE\\'to, " . < , I A~"~ \::>~\...5> 5"\~CX0e~ __ . _ .. _._._._. ._ .. '-l:'!:::<~~\~ ----"._. "-' - :.\.-\'E: e ( ";::) .o~ .I ~ ____ -'0 ---'-'-'~~ -_.- ~) !) - .-'- .------r~"'"'~ ~ ~~~ \...... ,~c:N~~~::. "\0 ~~ '\0 G:-~""'~ ~~ s C':~e:.:e:.....- r~,"", .... ,..-~...... -,'-'--- ..- ',- _._,~,- _'\ ~ """\0 ~'-~ ---._--,.. - ... __ __ .._---. -- .... ,.- ...-. -- .. ~.. ~\..:, ,<,,-,--e:-<;;::>. -_.....,_... __._ . - ._-'---'--_. .. -_--.....=:-_ _. \<..'-~G. ~~~';:o.\.."e. . -- ~~'-'" '"\\-\ec(i~- Q~\'-'~~~""'" r'i- \::Ii:G ~o \ ~'1~a'1\ "::J. ------\~ "''''' \~\O<: ~~ 1..:Sc i.~ 'S \~d. a ~~'E. ~'-~~ ~ \>-l?t\\_ :::>0<:;)8 ------...... -----j .- -'--"--"-"'--' ..._ .. ---. .... ---- ...,-_ ...... - ....._- o i o r{ M. F. WA~ I Associates J J Structural Engineers ;( 88 High Street, Bonsall, Matlock, Derbyshire DE4 4AR tel & fa;{: 01629 826188 mobile: > , ! A 'IN.t> - ,\'0'\!:.,.. ';t.""", ~... ~' 'N-c-n:;,:. <: c . .i AO t- ~1 \. co~c.e~ '\:0 ~'E. ~\a':."""':::>'E. _ i~~ h \J\'-.:l '"'" . c.:~'E::. ~~"" ~ ,"",'~ ...... - ...... / ,V / ~c..c~~e~~ o'i=" / :v , "2::>0:::> ~\ ",3. / I J 0 V " -_. .. , 0 I I'T7 ':2- .. ~'E:\'-"'''i'''O~~~"'\"\'() ~~'E. / V ...9 / V ____ =h_~\~~':"\)~_~~~ __ ?:_ . / Ao~\<\, ," ~j ... ~()~~ - '"\'\l:::> \-,.....'lC2> - ~~"C. C::C - ,..... ~.....,res. .._ .... ALLOCATED:GROUP OfFICER ~:~D 09 ,111M 2009 ACKtIOWLEDGEMENl: REPLY: FILE ALLOCAlION: ~CO~P!!:.IED2.T~O:;": J l I ~~~~'?oL 'i:::E.~~,'-~ S .....~"'\ =s O'T ~ ~~ ~ \Y\~~,,-e."'\~~ ""\b ~~ &~~~ V'\>.-';!::.\-\ :...'~ b,e:~~~~ ...... _. :0' at. Q\ ~~\~ ~c::. \CO-\\O\l'3. :;.;. bOO ....-- - -_. -- --".. _.,.._'. -. """, "".__ ... ,,-". ,,-... -" .... , } ;,CJW 'E.. i.:'"::::lC I ------_.--_.. _----. , I , __~~~_e;_~~,-~~:::::._cc=_ =8=0_= --:: ..__ .__. ..._._....._._.. _._-----.. _-.-====== M. F. WARD Associates Structural Engineers 88 High Street, Bonsall, Matlock, Derbyshire DE4 4AR tel & fa;c 01629 826188 mobile: