Agenda item

The report to Committee explained that an outline application had been submitted, with all matters reserved except for access, layout and scale, for a single storey log cabin, within the existing equestrian facility, for holiday let accommodation at land at the northern junction of Hillhouses Lane and New Road, Wingerworth, for Mr John Cocker.

The application had been referred to the Committee by the local ward Member, Councillor Pat Antcliff who had raised concerns about it.

No objectors spoke against the application

The Applicant spoke in support of the application

The Agent for the application spoke in favour of the application.

No supporters spoke in favour of the application.

Committee considered the application. It took into account the relevant Planning issues in reaching its determination on the application. In particular, it considered the Principle of Development and the location of the proposed site outside of any defined Settlement Limit (SDL), falling within the countryside. It also examined the landscape considerations, as well as the privacy and amenity considerations for neighbouring properties. In addition, Committee took into account the highway safety considerations.

Members discussed the application. In particular, they heard about the contribution that the log cabin could play in providing holiday accommodation in Wingerworth, how it would be accessed from the highway and its relationship to the equestrian facility and how this could be controlled through the attachment of an appropriate condition to approval.

RESOLVED -

(a)  That the application be approved in line with officer recommendations.

(b)  That the final conditions be drawn up by the Assistant Director, Planning, in consultation with the Chair of the Committee.

1.    Applications for approval of reserved matters are required before development can start and shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. The development hereby permitted shall be started within two years from the date of approval of the last of the reserved matters to be approved.

2.    Approval of the details of the appearance of the building and the landscaping of the site shall be obtained from the Local Planning Authority in writing before any development is started.

3.    The site shall be developed with one log cabin only

4.    The scheme submitted as part of the reserved matters shall include details of the existing grounds levels, proposed finished floor levels of the log cabin and the proposed finished ground levels of the site shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

5.    Before development starts, a scheme for the provision of foul and surface water drainage works shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full before the development is brought into use and shall be retained as such thereafter.

6.    Before developments, a plan to show the positions, design, materials, height and type of boundary treatment to be erected shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be complete before the first occupation of the dwelling and shall be retained as approved thereafter.

7.    Before any other operations are commenced, space shall be provided within the site for storage of plant and materials, site accommodation, loading, unloading and manoeuvring of goods vehicles, parking and manoeuvring of employees and visitors vehicles, laid out and constructed in accordance with detailed designs first submitted to and approved in writing by the Local Planning Authority.  Once implemented the facilities shall be retained free from any impediment to their designated use throughout the construction period.

8.    The proposed holiday let shall not be taken into use until space has been provided within the site in accordance with the application drawing for 3 No. cars to park (spaces of minimum dimensions 2.4m x 5.5m clear of any shared/manoeuvring area) and for vehicles to turn so that they may enter and leave the site in a forward gear.

9.    There shall be no gates or other barriers forward of that already existing on the access and any gates shall open inwards only, unless otherwise agreed, in writing, by the Local Planning Authority. 

10. Before the commencement of the development hereby approved:

a)    A Phase I land contamination assessment (desk-study) shall be undertaken and approved in writing by the local planning authority.

b)    The land contamination assessment shall include a desk-study with details of the history of the site use including:

·    the likely presence of potentially hazardous materials and substances,

·    their likely nature, extent and scale,

·    whether or not they originated from the site,

·    a conceptual model of pollutant-receptor linkages,

·         an assessment of the potential risks to human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, ground waters and surface waters, ecological systems, archaeological sites and ancient monuments,

·         details of a site investigation strategy (if potential contamination is identified) to effectively characterise the site based on the relevant information discovered by the desk study and justification for the use or not of appropriate guidance. The site investigation strategy shall, where necessary, include relevant soil, ground gas, surface and groundwater sampling/monitoring as identified by the desk-study strategy

The site investigation shall be carried out by a competent person in accordance with the current U.K. requirements for sampling and analysis. A report of the site investigation shall be submitted to the local planning authority for approval.

11.   Before the commencement of the development hereby approved:

Where the site investigation identifies unacceptable levels of contamination, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment shall be submitted to and approved in writing by the local planning authority. The submitted scheme shall have regard to CLR 11 and other relevant current guidance. The approved scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria and site management procedures. The scheme shall ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

12.The dwelling hereby approved shall not be occupied until:

a)    The approved remediation works required by 11 above have been carried out in full in compliance with the approved methodology and best practice.

b)    If during the construction and/or demolition works associated with the development hereby approved any suspected areas of contamination are discovered, which have not previously been identified, then all works shall be suspended until the nature and extent of the contamination is assessed and a report submitted and approved in writing by the local planning authority and the local planning authority shall be notified as soon as is reasonably practicable of the discovery of any suspected areas of contamination. The suspect material shall be re-evaluated through the process described in 10b to 11 above and satisfy 12a above.

c)    Upon completion of the remediation works required by 11 and 12a above a validation report prepared by a competent person shall be submitted to and approved in writing by the local planning authority. The validation report shall include details of the remediation works and Quality Assurance/Quality Control results to show that the works have been carried out in full and in accordance with the approved methodology. Details of any validation sampling and analysis to show the site has achieved the approved remediation standard, together with the necessary waste management documentation shall be included.

13. Notwithstanding the provisions of Part C, Class C3 “Dwelling House” to the Schedule of the Town and Country Planning (Use Classes) Order 1987, (or any Order revoking or re-enacting that Order), the premises shall be used for the purpose of holiday accommodation only and for no other purpose, including any other purpose within Class C3 of the Order, without the prior written permission of the Local Planning Authority.

The property shall not be occupied by any persons for a total period exceeding 28 days in any calendar year.

The owner shall maintain a register of occupiers for each calendar year including names, addresses and length of stay, and a copy of the register shall be supplied to the Local Planning Authority by 31^st January each year