Agenda item

Proposed conversion of existing stable block into a 3 bedroom dwelling, re,submission of application NED/20/00364/FL (Amended Plans), at stables west of Walnut Drive, off Field Lane, Killamarsh

(Planning Manager – Development Management)

The report to Committee explained that an application had been submitted for the conversion of an existing stable block into a three-bedroom dwelling at stables to the west of Walnut Drive, off Field Lane, Killamarsh. The Application had been referred to Committee by local ward councillors M Potts and S Clough, who had raised concerns about it.

Planning Committee was recommended to approve the Application, subject to the conditions set out in the report.

The report to Committee explained why Members were asked to approve the recommendations.

Members heard how the converted stable block would be used by the applicants, who wished to live there so that they could provide ongoing surveillance of the site.  Only limited external alterations would be required to carry out the conversion, primarily the raising of the roof. Officers had concluded that the development would comply with Planning Policy. The Council’s Development Plan and the National Planning Policy Framework (NPPF) both supported the appropriate re-use of existing agricultural buildings, which, they contended, this would be. As such, the development would not be inappropriate and there were no technical reasons why permission ought not to be granted.

Planning Committee then considered the Application. No one had registered to speak on it. Committee took into account the Principle of Development and in particular, the site’s location within the Green Belt. Committee took into account Local Plan Policy SS10. This allows for the conversion of existing buildings within the Green Belt which preserve openness and do not conflict with Green Belt purposes.  Committee considered Policies SS9 and SDC3, on the need for developments outside of defined settlement limits to be in keeping with their countryside locations and other relevant planning policies.

Members discussed the Application.  Some Members raised concern about the Green Belt location of the site and whether the development would be in line with Local Plan policy SDC 1, on the appropriate re-use of a building in the Green Belt and countryside. Some Members queried what utility services would be provided to the converted building and asked that these be specified as a condition if the Application was to be approved.  They also sought and received clarification about what future stabling arrangements would be put in place. Committee heard how the Applicant had currently designated another building on the site for this purpose.

At the conclusion of the discussion Councillor D Hancock and Councillor W Armitage moved and seconded a motion to approve the application subject to an additional condition requiring the provision of utility services to the converted property.

RESOLVED -

(1)  That the Application be conditionally approved, in line with officer recommendations and subject to an additional condition requiring utility services to be provided to the converted property.

(2)  That the final wording of the conditions be delegated to the Planning Manager (Development Management).

Conditions

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

 2         The development hereby approved shall be carried out in accordance with the proposed/amended plans referenced 20-01: Location Plan; 20-07b: Elevations as Proposed; 20-03C Block Plan as Proposed and 20-06b Layout as Proposed.

 3         Before the development, hereby approved, starts, precise specifications (including the manufacturer, range and colour details where applicable) or samples of the walling and roofing materials to be used, shall be made available on site for inspection, and subsequent written approval, by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

 4         The dwelling, hereby approved, shall not be first occupied until space has been provided within the dwelling curtilage for the parking, loading and unloading, manoeuvring and turning of service and delivery vehicles and space for the manoeuvring of residents and any visitors vehicles, all located, designed, laid out and constructed as agreed in writing with the Local Planning Authority. The areas so designated shall then be retained for those specific uses alone thereafter.

 5         The dwelling, hereby approved, shall only be occupied in association with the land outlined in red and blue on the approved plans and it shall not be occupied as an independent dwelling house or sold off separately from the land or the buildings that occupy it.

 6         Prior to the first occupation of the dwelling, hereby approved, a bin storage and a bin dwell area for use on refuse collection days shall be provided in accord with a scheme submitted to and approved in wiring by the Local Planning Authority. The scheme so approved shall then be retained as agreed thereafter.

 7         Any gates where fitted shall open inwards into the site only.

 8         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 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.

 9         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.

10        The dwelling, hereby approved, shall not be occupied until:

            a) The approved remediation works required by condition 9 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 condition(s) 8b to 9 above and satisfy condition 10a above.

              c) Upon completion of the remediation works required by condition 9 and 10a above a validation report prepared by a competent person shall be submitted to and approved in writing by the local planning authority.

11        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.

12        Prior to the first use of the dwelling, hereby approved, a plan showing the garden area to be used in connection with the dwelling shall be submitted to and be approved in writing by the Local Planning Authority. The garden shall then be confined to the approved area only.

13        Before any development, hereby approved, starts, the following shall be submitted to and be approved in writing by the Local Planning Authority:

            o          a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land,

            o          the details of any trees and hedgerows to be retained, together with measures for their protection during development,

            o          a schedule of proposed plant species, size and density and planting locations and;

            o          an implementation programme.

14        All planting, seeding or turfing in the approved scheme of landscaping shall be carried out in the first planting and seeding season following the occupation of the buildings or the completion of the development, whichever is the sooner. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

15        Prior to the first occupation of the dwelling, hereby approved, details of the bat and bird boxes to be installed on the building to be converted, and/or the remainder of the land holding, and a timetable for their installation, shall be submitted to and be approved in writing by the Local Planning Authority. Details shall be presented on a plan and include the specific types of features/box, their location and number.  The agreed scheme shall then be implemented in full and be maintained, as such, thereafter.

16        Prior to any work, hereby approved, commencing, a plan detailing all and any works of alteration and/or reconstruction shall be submitted to and be approved in writing by the Local Planning Authority. No other works of alteration or reconstruction shall then take place other than as shown on the agreed plan.

17        Prior to any works, hereby approved, commencing, details of all the services that will be provided on site, including water, electricity and gas, and the means by which they will be provided, including details of all/any trenching etc., shall be submitted to and be approved in writing by the Local Planning Authority. The services shall then be provided in accord with the approved details.

18        Notwithstanding the provisions of Article 3(1) of the Town and Country Planning (General Permitted Development) Order 2015, (or any Order revoking and re-enacting that Order) no extensions (Part 1 Class A), dormer windows (Part 1 Class B), alterations to the roof (Part 1 Class C), porches (Part 1 Class D), curtilage buildings (Part 1 Class E) or swimming pool(s) (Part 1 Class E) shall be erected/constructed without first obtaining planning permission.

19        Prior to the first use of the dwelling, hereby approved, details of all/any external lighting to be installed/placed/erected on the dwelling or within the curtilage serving it shall be submitted to and be approved in writing by the Local Planning Authority. The agreed lighting shall then be installed in accord with the agreed scheme and no other external lighting shall be placed/erected/installed on the site.