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Delegated Report – Attach to File DELEGATED REPORT – ATTACH TO FILE APPLICATION REF: 16/0222 DESCRIPTION OF Notification for Prior Approval for a Proposed Change of Use of DEVELOPMENT Agricultural Building to a single Dwelling-house (Class C3), and (As amended) for Associated Operational Development, under Schedule 2, Part 3, Class Q of the Town and Country Planning (General Permitted Development) Order 2015 as amended. The relevant agricultural building in question being the bank barn at Chapel Well, Beck Lane, to the west of Smardale Beck and to the north- east of the elevated Settle-Carlisle railway. The notification (as a re-submission following refusal under Notification Ref No15/0980) is accompanied by Structural Engineers Report and Assessment. APPRAISAL Site: The application relates to a, traditional rough coursed limestone built and slate roofed field bank barn (with no existing surrounding wall or boundary), situated in the valley bottom of the Smardale Beck, in open countryside, approx. ¾ mile to the west of the small hamlet of Waitby. Gated access, via an existing hardcore track, is across two open grazing pastures, from the C3080 (Waitby-Crosby Garrett) single lane road. The building (cumulative floor space 92 sq m) though having certain cracks and structural deficiency, is (we are assured) otherwise fundamentally sound, with no obvious major structural defect. Certain elements will require rebuilding and repointing. No further buildings are present on the site. The barn has a dedicated access/farm track serving it. The otherwise relatively isolated barn, set within the intimate valley of the upper Smardale, commands localised views across the neighbouring Smardale beck towards open countryside to the east, and is located approximately ¾ mile away from the hamlet of Waitby to the east, and ½ mile to Crosby Garret, to the west. The barn and access track are located within the flood zones 1, 2 & 3 of the Smardale Beck. A Flood Risk Assessment (FRA) accompanies the application, and subject to condition is confirmed as acceptable to the Environment Agency. Relevant Site History: 15/0980 – Proposed change of use of agricultural building to a dwelling house with associated operational development - Withdrawn – 4th December 2015. Policy: National Planning Policy Framework (NPPF). Schedule 2, Part 3, Class Q of the Town and Country Planning (General Permitted Development) Order 2015. Eden Core Strategy. OBSERVATIONS Main Issues In accordance with the conditions under paragraphs Q.2 (1) and (2) of Statutory Instrument 2015 No. 596, the Local Planning Authority must determine whether prior approval of the Authority is required with regards to : (a) transport and highways The Highway Authority was consulted as part of the application impacts of the development and raised no objection, subject to condition. The proposal therefore raises no concerns relating to transport and highways impacts. (b) noise impacts of the The barn is situated approx.1/2 m away from the nearest development (residential) buildings. It is therefore considered that the barn is situated far enough away that there will not be any significant noise impacts arising. (c) contamination risks on The proposal raises no contamination concerns, the applicant the site advising that no chemicals or fuels have been stored in the building, which has been used only for the storage of agricultural equipment and implements, and the housing of livestock. (d) flooding risks on the site The site/access track are located within flood zones 1-3 and the proposal is not considered (on the basis of the FRA details supplied) to be unacceptably at risk from flooding or likely to cause flooding elsewhere. The Environment Agency have requested that any approval be the subject of condition. (e) whether the location or The site is in a reasonably isolated and relatively secluded siting of the building makes it location, vehicular access to the site, in the form of an existing otherwise impractical or hard core track from the adopted highway already exists. There undesirable for the building are views out of the site across the valley of the upper Smardale to change from agricultural Beck, and to and from the elevated Settle-Carlisle railway line to use to a use falling within the south. Class C3 (dwelling-houses) of the Schedule to the Use The application site is located within an area Designated for Classes Order inclusion (as an extension) within the revised boundaries (Variation Order 2012) Yorkshire Dales National Park The application as a resubmission is now accompanied by a Structural Appraisal which, whilst acknowledging structural issue, concludes that the building is reasonably capable of conversion with only limited rebuild and re-pointing. Given the above considerations and comment received, together with the standing of the existing building and the broadly sympathetic and limited structural alterations and/or re-build proposed to facilitate the conversion, then the proposal is therefore considered to pass the requirements and specific conditions of Class Q.2 (1) (e) of the Town and Country Planning (General Permitted Development) (England) Order 2015, with the recommendation to Approve following as such. Other issues: Reference is made to a recent Appeal decision (Gracetmoor, Appeal Ref APP/HO928/W/15/3028105) where the Inspector accepted that an existing compacted stone track exceeding 450m would satisfactorily serve the PD/PN residential conversion, a situation not totally dissimilar to the access circumstance of the present notice. CONSULTATION RESPONSES Highway Authority: No objection subject to condition Parish Council : No comment or observation received. Yorkshire Dales NPA : No comment or observation received. Environment Agency : No objection subject to condition. NOTIFICATION RESPONSES Application advertised by site No responses received. notice posted: RECOMMENDATION : The Local Planning Authority has concluded that prior approval is required but is hereby GRANTED subject to the following conditions: 1)..The development shall be carried out in accordance with the following plans and documents unless otherwise agreed in writing by the Local Planning Authority: Proposed details, location, plans and elevations – Drawing Nos 2014/04/P/03-6 and supporting information as dated received on the 9th March 2016. Reason : In accordance with Paragraph W (11) of the Town and Country Planning (General Permitted Development) Order 2015 no.569. 2) The whole of the vehicular access area bounded by the carriageway edge and highway boundary shall be constructed and drained to the specification of the Local Highways Authority. Reason : In the interests of road safety. 3) The development hereby permitted shall not be commenced until such time as a scheme to dispose of foul drainage has been submitted to, and approved in writing by, the Local Planning Authority. The scheme shall be implemented as approved. Reason : To ensure a satisfactory means of foul drainage is provided which prevents pollution of controlled waters. Informative : No works can be undertaken within the Highway (including the verge area) until the developer has obtained a Highway Act 1980, Section 184 Streetworks licence. .
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