Officer Report

PLANNING APPLICATION REPORT Case Officer: Matthew Barks Parish: Frogmore & Sherford Ward: Allington and Strete Application No: 0429/18/FUL Agent/Applicant: Applicant: Perraton Partners Perraton Partners Winslade Farm Winslade Farm Frogmore Frogmore Kingsbridge Kingsbridge TQ7 2PA TQ7 2PA Site Address: Land At Sx777426, Frogmore, Kingsbridge Development: READVERTISEMENT (Revised drawing showing reduced height of building by 0.5m) Erection of agricultural storage/transfer building with associated access road and landscaping. Reason item is being put before Committee: Cllr Richard Foss requests Committee consideration given the representations advanced in respect of the siting and location of the proposed building in relation to the neighbouring residential properties. Recommendation: Conditional approval Conditions Standard time limit Accord with plans Materials in accordance with details Details of colour of external sheeting Landscaping scheme to be submitted and approved prior to commencement Drainage details scheme to be submitted and approved prior to commencement No external lighting to building Building not to be used for housing of livestock Removal of building if no longer required for agricultural purposes Key issues for consideration: The relevant material planning considerations are the agricultural need for the building, the design, scale and materials, any neighbour impact, landscape impact and drainage matters. Site Description: The application site comprises agricultural land set off the A379 within the Area of Outstanding Natural Beauty (AONB). The application site lies just outside the village of Frogmore which straddles the A379. All land south of the A379, including the application site, lies within the South Devon Area of Outstanding Natural Beauty. The site lies outside of, but adjacent to the Development Boundary of Frogmore. The area of land associated with the agricultural unit amounts to 101ha, with the site area of the parcel of land on which the development is proposed more than 1ha. The Proposal: The erection of an agricultural storage/transfer building with associated access road and landscaping. The proposed building measures some 30.7m in length, 14m in width and 7.45m in height – the height having been reduced by 0.5m through the submission of a revised drawing. The building is to be located towards the western end of the site and immediately to the south of the tree/hedge belt which runs parallel to the proposed building and for a distance of approximately 90m towards an existing stone building. The related access track also runs parallel to this belt before extending past the stone building and turning to the north to meet with the access and corral area previously approved (but yet to be implemented) under reference 2445/17/FUL. The building is to be constructed with profile metal sheeting to the sides, grey corrugated fibre cement roof sheets and black uPVC rainwater goods. The proposed track is to be constructed with a 150mm deep clean concrete crushed base overlaid with a geotextile membrane and finished using a 100mm deep permeable road planings surface. Consultations: County Highways Authority – It is noted a new access is proposed onto the A379 when approaching Frogmore from the east. No access drawing is shown for this application on South Hams Planning Website, so it is not possible to comment properly on the application, however it is assumed the design will be same as what previously was submitted for planning application 2445/17/FUL on drawing PHL-201 Rev A. To recap this drawing showed a visibility splay of 125m x 2.4m x 125m plotted, but the drawing makes no reference to the proposed height of the splay in relation to the carriageway/drive level. It is recommended in the national guidance a splay height of 1.05m is achieved but because of the grass verge in this case a practical height would be 750mm to allow for some vegetation growth. This could either be conditioned or the designer could amend the drawing slightly and re-submit it. No levels are shown on the access drawings. The access must be 1:20 max gradient for 6m and then 1:10 thereafter. This could either be conditioned or the designer could amend the drawing slightly and re-submit it. As the proposals adjust the public highway verge a Highways Act 1980 Section 171 licence will need to be applied for with Devon County Council. This can be instigated by contacting the Area South Development Management Team. Frogmore Parish Council – object; It is noted that planning application 2445/17/FUL was granted with conditions on 19th July 2017. This application was for the ‘creation of agricultural access with accompanying livestock corral’. Given the limited area of pasture serviceable by the coral, being the few small fields contained between Mill Lane and the A379, agricultural activity would have been light. The Parish Council pointed out that an existing agricultural access was available for this purpose through the Mill Lane amenity ground. The new application puts the A379 access to another purpose; to service a substantial storage/transfer barn via a new roadway and service apron. It must be assumed that heavy transport usage will be substantially intensified, causing greater noise disturbance, visual intrusion and traffic pollution to a protected AONB area adjoining established residential properties. The new application differs little from applications 0014/18/AGR and 0013/18/AGR, refused on 31st January 2018. The parish Council concurred with the planning Authority’s observations: ‘Officers have concern with regard to the proposed siting of the building and concern about the potential visual impact within the sensitive landscape location, the potential impact on neighbouring residential properties and the potential impact on Flood Zones 2 and 3. The application form confirms that the applicants’ holding extends to some 101 ha and officers consider it would be appropriate to explore whether there is an alternative location for the building. It is also noted that there is an existing smaller barn on the subject area of land that is in close proximity to the recently approved agricultural access. The proposed building is located some 60m to the west of the smaller barn’. The difference in the new application is minimal in that the 429m2 building is moved just 7.5 metres to the east. The application drawings now indicate proposed tree and shrub planting to the west and southern building perimeters. It is noted, however, that the height of the proposed building is 7.95 metres and thus any planting will be inconsequential to the immediate and long-term overpowering effect of the corrugated metal structure and associated heavy vehicular traffic. The site is within the AONB and priority must be given to protecting the landscape and the interests of the village community. The structure would have a highly injurious effect on the lives of adjoining residents. It will dominate their properties and take away daylight and their rightful quiet enjoyment. It will also diminish the public’s historic enjoyment of Mill Lane, one of Devon’s treasured country thoroughfares. It constitutes an unwarranted intensification of the use of the A379 ‘corral’ access granted in application 2445/17/FUL. In the face of the applicant’s ever-changing proposals, the Parish Council note that there appears but a tenuous logistical need for such a facility in this location, remote from the farm when adequate provision could be made within the curtilage of the applicant’s farmstead. The Parish Council expresses its disappointment that the applicant has failed to respond to the Planning Authority’s previous recommendations. In response to the revised drawings, the Parish Council comment as follows: It was recorded that given the major scale of the proposed building the change in height would be minor and of little consequence. It was further noted that the applicant has not addressed any of the many objections raised against this application. The Parish Council’s objections remain as submitted 22nd February 2018 with endorsement of additional concerns expressed by members of the community as follows: The Mill Lane brook is subject to regular and increasing flood risk. Roof and hard standing run off from the proposed 429.52 sq.m. floor area barn would add substantially to the existing flood risk. The use of the building for storage of agricultural crops, fodder and machinery sited adjacent to residential property and the water course gives rise to inevitable spillage and leaching pollution dangers. Use of the previously consented (2445/17/FUL) livestock coral application for a storage and transfer operation was not contemplated and would generate considerably greater heavy goods traffic generation and road hazards onto the A379. Representations: Representations from Residents Comments have been received and summarised which cover the following points: - Proposed building is prominent and an eyesore for those living nearby. - Impact upon homeowners who reside in close proximity through inevitable noise, smells, lack of light and disturbance from vehicular traffic. - The proposal is likely to increase the flood risk in the field with overflow into the Mill Stream and Mill Lane. - Concern over highway danger to users of the A379 with the introduction of large delivery and agricultural vehicle movements on the road entering and exiting the site. - Impact upon AONB when the applicant has other land and buildings available to them that would be more suitable. - Potential health risk from the storage of hay and fodder causing dust and encouraging vermin. Representations from Internal Consultees Landscape Officer – No objection to the proposed location of the building. Representations from Statutory Consultees South West Water – Advises that the application should demonstrate that prospective surface water run-off will discharge as high up the hierarchy of drainage options as is reasonably practicable. Relevant Planning History 0013/18/AGR – Erection of agricultural storage building (Notification of agricultural permitted development).

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