Decision details

KET/2020/0610

Decision Maker: Area Planning Committee Kettering

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

Proposed Development

 

*4.1     Full Planning Permission: Redevelopment of farmyard to horse rehabilitation centre and livery. Erection of temporary dwelling at Loddington Coppice, Harrington Road, Loddington for Miss S Tibbetts

 

            Application No: KET/2020/0610

 

Speakers:

 

The agent for the applicant attended to address the Committee and stated that this was a unique venture offering a genuine rural facility. In response to concerns from Loddington Parish Council regarding access, it was noted that there would be no additional traffic over and above that ordinarily associated with the site and it was in the applicant’s interests to ensure visibility splays at the entrance to the site were kept clear.

 

 

Decision

 

Members received a report that sought planning permission for change of use of the farmyard to provide a horse rehabilitation centre and livery and the erection of a temporary dwelling. The existing access track and access connection with the highway would be widened where specified and upgraded as part of the proposed development to facilitate the proposed use.

 

It was noted that a request to condition maintenance of hedgerows that could affect visibility splays at the site access was not enforceable as the relevant land fell outside of the site.

 

Following debate, it was proposed by Councillor Marks and seconded by Councillor Smyth that the application be approved in line with the officers’ recommendation.

 

It was agreed that the application be APPROVED subject to the following conditions:

 

 

 

1.      The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission.

 

2.      The development hereby permitted shall not be carried out other than in accordance with the approved plans and details listed below.

 

3.      In the event that unexpected contamination is found at any time when carrying out the development hereby approved, it must be reported immediately to the Local Planning Authority.  Development works at the site shall cease and an investigation and risk assessment undertaken to assess the nature and extent of the unexpected contamination.  A written report of the findings shall be submitted to and approved by the Local Planning Authority, together with a scheme to remediate, if required, prior to further development on site taking place. Only once written approval from the Local Planning Authority has been given shall development works recommence.

 

4.      Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no building, structure or other alteration permitted by any class or part of Schedule 2 of the Order shall be erected, constructed, or made on the application site.

 

5.      Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no change of use permitted by Class L of Part 3 of Schedule 2 of the Order shall take place on the application site.

 

6.      No development shall commence unless and until the local planning authority has been provided with either:

 

a)      A licence issued by Natural England pursuant to Regulation 55 of The Conservation of Habitats and Species Regulations 2017 authorising the specified activity/development to go ahead; or

 

b)      Written confirmation from Natural England that the application site has been registered with the Great Crested Newt Low Impact Class Licence scheme; or

 

c)      A statement in writing from a suitably qualified ecologist to the effect that they do not consider that the specified activity/development will require a licence.

 

7.      Prior to commencement of the use hereby approved a scheme for the protection and enhancement of biodiversity within the site shall be submitted and approved in writing by the Local Planning Authority. The submitted scheme shall include details relating to the source and control of external lighting including hours of operation, provision of hibernacula/suite of bat boxes/ wood piles, access surfacing, and drainage. Development shall thereafter be carried out in strict accordance with the approved scheme with any proposed biodiversity enhancements to be installed retained thereafter.

 

8.      The use hereby approved shall not commence until the proposed vehicular access (including gradient, width, surfacing type, surface water control,  visibility splays, position and opening mechanism of gates) has been implemented in accordance with drawing no. PL111A Rev 1 received by the Local Planning Authority on 27th November 2020 and retained in that form thereafter unless otherwise agreed in writing by the Local Planning Authority.

 

9.      Notwithstanding the requirements of condition 8, the proposed vehicular access and visibility splays shall be surfaced with a hardbound surface for the first 15 metres as measured from the highway boundary to the proposed access gates, beyond which the vehicular access shall only be surfaced with a loose gravel (where required) and retained in that form thereafter.

 

10.    Notwithstanding the requirements of condition 8, no development shall commence on-site unless and until a scheme for the disposal of foul and surface water drainage associated with the development hereby approved has been submitted and approved in writing by the Local Planning Authority. The submitted drainage scheme shall demonstrate a preference towards the use of Sustainable Drainage Systems (SuDS) with respect of surface water which protects existing biodiversity habits (including Great Crested Newt Habitat and their populations) and includes details relating to flow rate/management, and on-going maintenance of the drainage scheme. These details shall also include drainage provision associated with the proposed aco-drain at the point of access which abuts the highway as shown on drawing no. PL111A Rev 1 received by the Local Planning Authority on 27th November 2020. The proposed use shall not commence until the approved drainage scheme has been implemented in full, which shall be retained and maintained thereafter in accordance with the approved details.

 

11.    The dwelling house hereby approved shall at all times remain ancillary to the use of the site as a horse rehabilitation centre hereby approved and shall not be occupied by anyone other than the operator of the horse rehabilitation centre use. On cessation of the horse rehabilitation centre use, occupation of the dwelling-house shall permanently cease and the building shall be permanently removed from the site.

 

12.    All works to trees shall only be carried out in accordance with the RJ Tree Services Ltd 'Tree Survey, Impact Assessment and Method Statement' dated August 2020.

 

13.    Notwithstanding the details shown on drawing no. PL108C received by the Local Planning Authority on 27th November 2020, the use hereby approved shall not commence unless and until a passing place in the same location as that shown on the aforementioned plan has been provided to the dimensions of 12 metres long by 2.3 metres wide (minimum) and constructed to a standard capable of supporting a fire engine (approximately 12 tonnes) which shall be retained in that form thereafter throughout the operation of the use hereby approved.

 

14.    No development above building slab level shall commence on site until details of the types and colours of all external facing and roofing materials to be used, together with samples, have been submitted to and approved in writing by the Local Planning Authority.  The development shall not be carried out other than in accordance with the approved details.

 

15.    Prior to the commencement of the development hereby permitted, a full, non-verbose or repetitive, Construction Management Plan shall be submitted to and be approved in writing by the local planning authority. The submitted plan shall include the following elements;

- Delivery / removal hours to be limited to between 10:00 - 16:00.

- Supply of pre-journey information on routeing and site restrictions to contractors, deliveries and visitors. To include a map suitable for printing and being distributed to drivers visiting the site during the works.

- Details of debris management including location of wheel wash, programme to control debris spill/ tracking onto the highway to also include sheeting/sealing of vehicles and dust management.

- Details of temporary construction accesses and their remediation post project.

- Provision for emergency vehicles.

- Measures to control noise/and or vibration during the development.

- Full details of measures to protect existing trees located within the highway from damage during site clearance, demolition and construction phases, in accordance with BS 5837:2012 'Trees in relation to design, demolition and construction'.

 

          The approved Construction Management Plan shall be adhered to throughout the demolition and construction period and the approved measures shall be retained for the duration of the demolition and construction works hereby approved.

 

 

 (Members voted on the officers’ recommendation to approve the application)

 

(Voting: For: Unanimous)

 

The application was therefore
APPROVED

 

 

Publication date: 29/07/2021

Date of decision: 29/07/2021

Decided at meeting: 29/07/2021 - Area Planning Committee Kettering

Accompanying Documents: