Planning Committee agenda 29 January 2014PLANNING COMMITTEE - 29TH
JANUARY 2014
A meeting of the Planning Committee will be held at 5.30 pm on
Wednesday 29th
January 2014 in the Council Chamber, Town Hall, Rugby.
Site visit
A site visit will be held at the following time and location.
3.00pm Yardleys Meadow, Stretton Road, Wolston.
Andrew Gabbitas Executive Director
Note: Members are reminded that, when declaring interests, they
should declare the existence and nature of their interests at the
commencement of the meeting (or as soon as the interest becomes
apparent). If that interest is a pecuniary interest, the Member
must withdraw from the room unless one of the exceptions
applies.
Membership of Warwickshire County Council or any Parish Council is
classed as a non-pecuniary interest under the Code of Conduct. A
Member does not need to declare this interest unless the Member
chooses to speak on a matter relating to their membership. If the
Member does not wish to speak on the matter, the Member may still
vote on the matter without making a declaration.
A G E N D A
PART 1 – PUBLIC BUSINESS
1. Minutes.
To confirm the minutes of the meeting held on 18th December 2013
and the special meeting held on 8th January 2014.
2. Apologies.
3. Declarations of Interest.
To receive declarations of –
(a) non-pecuniary interests as defined by the Council’s Code of
Conduct for Councillors;
(b) pecuniary interests as defined by the Council’s Code of Conduct
for Councillors; and
(c) notice under Section 106 Local Government Finance Act 1992 –
non- payment of Community Charge or Council Tax.
4. Applications for Consideration.
6. Planning Appeals Update.
7. Advance Notice of Site Visits for Planning Applications - no
advance notice of site visits has been received.
8. Delegated Decisions – 5th December 2013 – 9th January
2014.
PART 2 – EXEMPT INFORMATION
There is no business involving exempt information to be
transacted.
Any additional papers for this meeting can be accessed via the
website.
The Reports of Officers (Ref. PLN 2013/14 – 14) are attached.
Membership of the Committee:-
Councillors Ms Robbins (Chairman), Mrs Avis, Butlin, Cranham, G
Francis, M Francis, Mrs New, Pacey-Day, Sandison, Srivastava, Helen
Walton and M Walton.
If you have any general queries with regard to this agenda please
contact Claire Waleczek, Senior Democratic and Scrutiny Services
Officer (01788 533524 or e- mail
[email protected]). Any
specific queries concerning reports should be directed to the
listed contact officer.
If you wish to attend the meeting and have any special requirements
for access please contact the Democratic and Scrutiny Services
Officer named above.
The Council now operates a public speaking procedure at Planning
Committee. Details of the procedure, including how to register to
speak, can be found on the Council’s website
(www.rugby.gov.uk/speakingatplanning).
AGENDA ITEM 4
R U G B Y B O R O U G H C O U N C I L
PLANNING COMMITTEE – 29TH JANUARY 2014
REPORT OF THE HEAD OF PLANNING AND CULTURE
APPLICATIONS FOR CONSIDERATION
Planning applications for consideration by Committee are set out as
follows:
(i) applications recommended for refusal with the reason(s) for
refusal (pink pages)
(ii) applications recommended for approval with suggested
conditions (yellow pages).
RECOMMENDATION
1
Location Site and Description Page number
1 R13/0940 Lion Farm House, 48 Rugby Road, Dunchurch Creation of a
'zero carbon' eco house.
4
Location Site and Description Page number
2 R13/0942 Unit 4 Avon Industrial Estate, Butlers Leap Change of
use from B2 to ambulance response post (sui generis).
11
3 R13/1421 Yardleys Meadow, Stretton Road, Wolston Erection of an
agricultural building for storage of hay and machinery including
the provision of 3 holding / isolation stables.
15
4 R13/0372 High Tor, Shilton Lane, Shilton Use of land as a private
gypsy and traveller caravan site for up to 3 pitches together with
the formation of hardstandings and erection of an amenity block
(retrospective).
21
5 R13/0295 Land on the West Side of Oxford Road (Sunrise Park),
Ryton-on-Dunsmore Use of land for the siting of caravans for
residential purposes. (Removal of Condition 1 (the use of the land
for a limited period of 4 years) of Planning Permission
APP/E3715/C/09/2110115 (R09/0291/MDPT) granted on appeal on 4th
February 2010 to allow the permanent occupation of the land by the
applicants. (Re-submission of previously withdrawn application
R12/1225 dated 28/11/2012)) together with the creation of an earth
bund and associated landscaping works.
30
6 R13/1916 Land at Gala and Cemex House, Evreux Way, Rugby Outline
application for erection of building for retail (Class A1), office
(Class B1) and leisure (Classes D2, A3, A4 and A5) uses, with
associated works including demolition of existing buildings. All
matters reserved except for access.
42
2
7 R13/0124 Former Warwickshire College, Lower Hillmorton Road,
Rugby, CV21 3QS Outline application for Class C3 residential
development of up to 131 dwellings and provision of 0.4 hectare of
land for the provision of a Class C2 Extra Care facility, with
associated works and landscaping. All matters reserved except for
access.
61
8 R13/1773 Land to the rear of 69a to 89 Hillmorton Road, Rugby
Outline permission for the erection of up to 12 residential
dwellings including access, parking and bin store.
80
9 R12/1353 Coton House, Lutterworth Road, Churchover, Rugby, CV23
0AA A Hybrid Planning Application seeking full planning permission
for the demolition of redundant buildings, alterations to existing
access on to A426, change of use and extension of Coton House to
form 4 dwellings, construction of garaging to serve Coton House,
change of use of stable buildings and extension to form 8
dwellings, change of use of the old dairy and extension to form 1
dwelling, conversion of buildings H, J & K to form 3 dwellings,
engineering works to form a noise bund, below ground installation
of private sewage treatment plant; and Outline Planning Permission
for the provision of a new estate village comprising of the
provision of 60 dwellings together with internal access, road
layout, car parking, relocation of electricity sub-station,
landscaping and open space and 2 bat barns (access and layout to be
considered at this stage)
97
10 R13/0783 The Old Dairy, Coton House, Lutterworth Road,
Churchover, Rugby, CV23 0AA Listed Building Application for the
alteration and extension of the Old Dairy to form a single
dwellinghouse.
135
11 R13/0786 The Stable Block, Coton House, Lutterworth Road,
Churchover, Rugby, CV23 0AA Listed Building Application for the
alterations and extensions of the Stable Block to form 8
dwellings.
143
3
12 R13/0790 Coton House, Lutterworth Road, Churchover, Rugby,
Warwickshire, CV23 0AA Listed Building Application for alterations
and first floor extension of Coton House to form 4 dwellings
153
13 R13/0928 The Former Stable Block & Adjacent Buildings, Coton
House, Lutterworth Road, Churchover, Rugby, CV23 0AA Listed
Building Application for the partial demolition of the Stable Block
Building and for the demolition of structures within the curtilage
of the Stable Block Building.
164
4
Description: Creation of a 'zero carbon' eco house
Case Officer Name & Number: John Wilbraham – 01788 533549
Site Description The site lies within the open countryside between
the village of Dunchurch and the Rugby Urban Area. Lion Farm House
sits in a large plot with hardstanding parking to the front and a
paddock area to the northeast which is separated into two parcels
of land by post and rail fence. To the rear of the site are the
Bilton Grange School grounds which are classed as a Registered Park
and Garden. Running along the rear boundary of the site and the
school grounds is a public footpath which leads to the church in
the centre of Dunchurch village. To the front of the site is Rugby
Road which is one of the main link roads between Dunchurch and
Rugby Town.
Proposal Description The application is seeking permission for the
erection of a new zero carbon detached dwelling on land to the
north east of Lion House. The dwelling would comprise of 3 bedrooms
in the main body with an attached double garage whilst to the rear
would be a single storey annex element linked via a lobby that
contains a guest bedroom and the plant room. The design
incorporates a multitude of energy saving technologies including
solar panels, biomass boiler and grey water harvesting methods. A
triangular parcel of land on the northern side of the proposed
dwelling would be retained within the ownership of the applicant,
although there appears to be no access to it from Lion Farm except
for across the site of the proposed dwelling.
Relevant Planning History
English Heritage – no comments received to date (consultations
expired 18/12/13)
Garden Society – no objections in terms of the impact of the
proposal on Bilton Grange Park subject to conditions being imposed
which strengthen boundary tree planting. Do have some concerns with
the style and design of the proposal not representing a converted
working building due to scale and aggressive use of detail
(29/11/13)
Severn Trent – no comments received to date (consultations expired
18/12/13)
WCC Ecology – no comments received to date (consultations expired
18/12/13)
WCC Highways – no objections subject to five conditions including
the widening of the access and provision a turning area and two
standard highway advisory notes (11/12/13)
5
Third Party Responses
Cllr G Francis – I confirm my telephone call today to call this
application in to the Planning Committee. My reason is that the
Committee should welcome the chance to discuss the very important
ecological features of this application (29/11/13)
Parish – no comments received to date (consultations expired
18/12/13)
Neighbours – no comments received to date (consultations expired
18/12/13)
Relevant Planning Policies and Guidance
Core Strategy CS1 Does not comply Development Strategy CS16 Does
not comply Sustainable Design
Saved Local Plan Policies E6 Complies Biodiversity T5 Complies
Parking Facilities GP 2 Complies Landscaping
National Policy National Planning Policy Framework (NPPF)
Guidance Sustainable Design and Construction SPD
Assessment of Proposals
In the assessment of this application, the determining factors are
the principle of development, the impact of the proposed
development on the qualities, character and amenity of the area and
the setting of the heritage asset, amenity of neighbouring
properties, impact on highway safety and impact on protected
species.
Principle of Development The application site is located outside of
the village boundary of Dunchurch in open countryside, which under
Policy CS1 is an area where new development is not supported unless
national policy allows for it. Paragraph 12 of the NPPF states that
development proposals should be approved where they accord with an
up-to-date Local Plan but where the development conflicts with the
Local Plan it should be refused unless other material
considerations indicate otherwise. In the current instance a
material consideration is that the Authority does not presently
have a five year housing land supply and therefore there is a
presumption in the NPPF for granting sustainable forms of
development, unless the harm caused by the proposal is considered
to significantly and demonstrably outweigh the benefits of granting
it.
There are three main strands of sustainable development; these are
social, economic and environmental. An assessment therefore has to
be made on these three aspects to weigh up if the proposal can be
considered to be sustainable development.
Social; the proposal would be for an open market dwelling and
therefore is not considered to be meeting the needs of local people
by being affordable or limited to local people. The house would be
located adjacent to Lion Farm with a bungalow the other side of
that property. This complex of properties are somewhat ‘out on a
limb’ from the village boundary, approximately 150m to the site of
the proposed dwelling.
6
Based on this it is considered unlikely that the new property could
be said to be part of a local community which would be another
consideration of the social element of sustainable development. The
development is therefore considered to perform negatively on the
social element of sustainable development.
Economic; the new dwelling could be considered to give a very short
term boost to the local economy during the building process.
Additionally given that it is only one dwelling being proposed
there is considered to be only a limited economic gain for local
services. Overall the proposal is considered to have very limited
benefits under the economic strand of sustainable
development.
Environmental; the property has been designed to meet Level 6 of
the Code for Sustainable Homes which is the highest level set out
in this guidance, which is the minimum level expected to be
achieved for all dwellings by 2016. Another aspect of environmental
sustainability is the ability to utilise means of transport other
than the private car to access local services. Whilst it is
accepted that the site is within walking and cycling distance of
local services the wider scope of environmental sustainability
needs to be considered. Having a site located outside of a village
boundary but within walking and cycling distance of it does not
automatically make the location sustainable, as being sited outside
a settlement could lead to people choosing cars for transportation.
The site is currently garden land in open countryside which also
weighs against the development from an environmental point of view.
It is therefore considered the proposed dwelling has a neutral
impact on the environmental aspect of sustainable
development.
Weighing up the above assessments it is clear that the proposal
does not fully chime with the principles of sustainable development
as set out in the NPPF and therefore the development is
unacceptable in principle and should be refused.
Another consideration is that the NPPF resists the creation of
isolated homes in the open countryside, although in the present
case the siting of the dwelling could be considered not to be
isolated given its relationship with Lion Farm and the bungalow no.
48a Rugby Road. However the properties are still an isolated group
of development in the open countryside which an additional dwelling
would further erode. The issue of housing land supply is also
another factor in the determination of this proposal. It is
considered that one property in an open countryside location does
not contribute sufficiently to the housing supply to warrant
supporting the application against the prevailing policies in the
Core Strategy.
The argument is also put forward that the property could be
approved under Paragraph 55 of the NPPF. This states that new
isolated homes in the countryside should be avoided unless there
are special circumstances for approving them. One of these
exceptions is where the property is considered to be of exceptional
quality or due to the innovative nature of the design. This
Paragraph goes on to state that the design should: – be truly
outstanding or innovative, helping to raise standards of design
more generally in rural areas; – reflect the highest standards in
architecture; – significantly enhance its immediate setting; and –
be sensitive to the defining characteristics of the local
area.
Having assessed the plans and the design of the proposed property
it is not considered that the dwelling can be said to meet the 4
criteria set out in Paragraph 55 above. Whilst the development is
of a high standard it is modelled on a fairly
7
traditional farmhouse design with modern elements included and
therefore cannot be said to be truly innovative or of exceptional
design.
Weighing up all of the above issues it is considered that the
proposal is unacceptable in principle due to being contrary to the
Policy CS1 of the Authority’s Core Strategy and the principles
contained within the NPPF. The harm caused by approving the
dwelling is considered to significantly and demonstrably outweigh
the benefits of granting it.
Impact on the qualities, character and amenity of the area and the
setting of the heritage asset Policy CS16 states that development
will only be allowed where proposals are of a scale, density and
design that would not cause any material harm to the qualities,
character and amenity of the areas in which they are situated.
Paragraphs 56 and 57 of the NPPF require all development proposals
to be of a high quality design. Part 12 of the NPPF states that
development proposals should conserve and enhance heritage assets
and their setting.
The property is described in the design and access statement as
forming the third side of a U-shaped farmstead and has been
modelled on a ‘converted working building’. However it is
considered to bear more resemblance to a farmhouse and it also
appears to be at least as tall as the existing dwelling which
further adds to this view. There is no visual relationship with the
other properties that would be expected on a farmstead with the
dwelling proposed to be a mix of pastiche timber framing coupled
with an excessive amount of glazing and polychromatic brick
detailing that would be at odds with the style of the existing
dwelling, which is a mix of dark bricks and white painted render,
or the bungalow located on the opposite side of that property,
which is a simple 1980’s style brick and tile bungalow. It is
considered that a building in a rural location, especially one
modelled on a converted working building, should be much simpler in
style and design.
The design and access statement mentions the design principles have
taken inspiration from Bilton Grange, Rugby School and a number of
properties within the centre of Dunchurch. However it is considered
that these elements are all remote from this site, except for
Bilton Grange although there is no direct visual bearing on the
location which would justify the design that has been put forward.
Whilst it is accepted that the dwelling would be of a high standard
the actual appearance of it is considered to be incongruous in this
location. The amount of polychromatic brick design and glazing does
not lend itself to the character of a ‘converted working building’
nor a traditional farmhouse. Consideration has also been given to
the setting the Bilton Grange Registered Historic Parkland located
to the rear of the site. Given the overly complex design of the
property it is not considered to make a positive contribution to
the setting of this Registered Parkland having regard to Part 12 of
the NPPF.
For these reasons the scheme is considered unacceptable on design
grounds having regard to Policy CS16 and Paragraphs 56, 57 and Part
12 of the NPPF.
Impact upon the amenity of neighbouring properties Policy CS16 also
states that development should ensure that the amenities of
existing and future neighbouring occupiers are safeguarded.
The nearest neighbouring property to the proposed dwelling would be
the applicant’s own property which would be approximately 14m away
at its nearest point. The
8
distance between the main bodies of both houses would be
approximately 25m. Given the separation distances between the
dwellings it is not considered there would be an adverse impact in
terms of loss of light or overbearing caused by the proposed
dwelling having regard to Policy CS16 and the residential design
guide.
Impact on protected species Saved Local Plan Policy E6 states that
the Borough Council will seek to safeguard, maintain and enhance
features of ecological and geological importance. Paragraph 118 of
the NPPF requires local authorities to have regard to the
conservation and preservation of protected species and their
habitats.
The proposed dwelling would be sited on existing garden land and
would not require the demolition of any existing buildings or the
felling of any trees. Based on this it is considered that the
proposal will not have an adverse impact on protected species
having regard to policy E6 and Paragraph 118 of the NPPF.
Impact on parking and highway safety Saved Local Plan Policy T5
states that planning permission will only be granted for
development which incorporates satisfactory parking facilities.
Furthermore, the Planning Obligations SPD details parking standards
which should be provided for various types of development.
Paragraph 39 of the NPPF requires development proposals to have
regard to the safety of all highway users.
The existing access off Rugby Road to the applicant’s property
would be utilised for the new property. This drive way has an
existing field access off it which leads to the paddock area at the
side of Lion Farm House. There would be a hardstanding area for
parking together with a turning head provided within the site to
allow vehicles to exit in a forward gear. The County Highways
Officer has commented that the access to the site will need to be
widened to meet the minimum width of 5m and a suitable turning area
provided so cars can leave in a forward gear. Other minor issues
were raised but these can all be dealt with via conditions as
suggested by the Highway’s Officer who overall had no objections.
Subject to these conditions and notes being attached it is
considered the proposal would not harm highway safety and would
therefore comply with the contents of Saved Policy T5, the Planning
Obligations SPD and Paragraph 39 of the NPPF.
Other Matters There are a number of large mature trees on the front
and rear boundaries of the site but none are proposed to be lost as
part of this application. The distance of the proposed dwelling
from these trees sets it outside of their root protection zones
which ensures there would be no adverse impact caused to them by
the development having regard to Saved Policy GP2 and Part 11 of
the NPPF.
Recommendation:
9
APPLICATION NUMBER DATE VALID R13/0940 22/11/2013
ADDRESS OF DEVELOPMENT APPLICANT/AGENT LION FARM Richard Palmer 48
RUGBY ROAD Hb Architects RUGBY The Triforium CV22 6PW 17 Warwick
Street
Rugby Warwickshire CV21 3DH On behalf of Mr Peter Jenkins
APPLICATION DESCRIPTION Creation of a 'zero carbon' eco house
CONDITIONS, REASONS & RELEVANT DEVELOPMENT PLAN POLICIES
REASON FOR REFUSAL: The site is located outside any settlement
which is identified as suitable for new residential development
under the provisions of Policy CS1 of the Core Strategy. A new
dwelling in this location is not considered to meet the criteria as
set out within Paragraph 55 of the NPPF.
Notwithstanding the lack of a 5 year housing land supply, the
development does not constitute a sustainable form of development
having assessed it against the economic, environmental and social
aspects of the National Planning Policy Framework and the harm
which would arise through the erection of a dwelling in an
unsustainable location is considered to significantly and
demonstrably outweigh any benefits of the development. The
development is therefore contrary to Policies CS1 and CS16 of the
Core Strategy and Paragraph 55 of the NPPF.
The proposed dwelling is considered to be incongruous in this
countryside location given the mix of pastiche timber framing
coupled with an excessive amount of glazing and polychromatic brick
detailing which does not lend itself to the character of a
‘converted working building’ as stated in the design and access
statement nor does it respect or relate to the style of the
adjacent dwellings. The overly complex design of the property is
not considered to make a positive contribution to the setting of
the Bilton Grange Registered Historic Parkland located to the rear
of the site. For these reasons the scheme is considered
unacceptable on design grounds having regard to Policy CS16 and
Paragraphs 56, 57 and Part 12 of the NPPF.
10
Site address: Unit 4 Avon Industrial Estate, Butlers Leap
Description: Change of use from B2 to ambulance response post (sui
generis)
Case Officer Name & Number: John Wilbraham – 01788 533549
Site Description The site lies within the Rugby Urban Area on Avon
Industrial Estate which is an established industrial estate located
off Butlers Leap. The unit is located at the top end of the
industrial estate with the rear boundary adjoining Arches Lane.
There is an associated parking space located at the entrance to the
forecourt of this and the adjoining unit.
Proposal Description The application is seeking permission to
change the use of an existing but vacant B2 unit to that of an
ambulance response post which is classified as sui generis. No
external changes are proposed to the building.
Relevant Planning History
Environment Agency – refer to standing advice (26/11/13)
WCC Ecology – no comments received to date (comments were due by
12/12/13)
WCC Highways – no objections but applicant should be aware of
established parking and loading patterns on the estate which could
potentially cause delays to response times for which the Authority
would not be willing to introduce parking restrictions
(23/12/13)
Third Party Responses
Cllr – no comments received to date (comments were due by
12/12/13)
Neighbours – no comments received to date (comments were due by
12/12/13)
Relevant Planning Policies and Guidance
Core Strategy CS16 Complies Sustainable Design
Saved Local Plan Policies ED5 Does not comply Retention of Existing
Strategically Significant Employment Sites E6 Complies Biodiversity
T5 Complies Parking Facilities
National Policy
Assessment of Proposals
In the assessment of this application the determining factors are
the principle of the development, the impact of the proposed
development on the qualities, character and amenity of the area,
impact on flood zone, amenity of neighbouring properties, impact on
highway safety and impact on protected species.
Principle of Development The site is located within a Strategically
Significant Employment Site which is covered by Saved Policy ED5.
This states that only businesses within the B1, B2 and B8 Use
Classes shall be allowed at these locations to protect employment
locations and where other uses would not be acceptable. The current
proposal is for a sui generis use for an ambulance response post to
be established at the unit. This follows a reorganising of the
ambulance service and the way they respond to emergencies. Rather
than having centralised ambulance stations, smaller response units
are being set up to provide better coverage of areas and to
continue meeting required response times. The agent has submitted
information to try and justify why this site, rather than one
outside of a protected employment site, has been chosen.
This information states that to meet the 8 minute response times
required by the service Rugby needs to have two response sites, one
for the south of the town and one for the north. Presently the
south of Rugby is served by the response unit located at St Cross
Hospital however due to the railway line which divides the town it
is not possible for them to reach the north of the town within the
8 minute timeframe. Presently the north of the town is served from
the site located at the old ambulance station however this has been
sold and the new owner wants possession due to their redevelopment
scheme. Aside from the need to find a site located north of the
railway line the other constraints for finding a unit relate to its
connection to the main road network, having an access into the
building big enough to accommodate an ambulance and parking
provision for the paramedics. The applicant has stated that no
other suitable sites could be identified which met these criteria
and were available immediately other than the current unit, which
has been empty for over a year.
It is accepted that the applicant has not submitted sufficient
evidence as to the consideration of other sites, outside of those
contained within ED5, which might be available to meet the
applicant’s requirements prior to the change of use of the unit to
that which is outside of a B1, B2 or B8 use. This is weighed up
against the need to ensure an essential service continues to be
able to operate in the town and has the added benefit of bringing
back into use a unit which has stood empty for a number of months.
Consideration has also been given to the actual nature of the new
use which is unlike a retail activity and would seem to suit an
industrial estate location.
Whilst the proposal does not conform with Saved Policy ED5, based
on the specific circumstances of the proposed use it is considered
that on balance the proposal can be supported contrary to Saved
Policy ED5 in this instance.
Impact on the qualities, character and amenity of the area Policy
CS16 states that development will only be allowed where proposals
are of a scale, density and design that would not cause any
material harm to the qualities, character and amenity of the areas
in which they are situated. Similarly, Paragraphs 56 and 57 of the
NPPF require all development proposals to be of a high quality
design.
12
There are no physical changes proposed to the unit and therefore
the development is considered to be acceptable in regard to Policy
CS16 and Paragraphs 56 and 57 of the NPPF.
Impact on flood zone Part 10 of the NPPF sets out how development
should help to meet the challenge of climate change and
flooding.
The site is located within a Flood Zone 2 area and is classified as
a ‘less vulnerable’ development on the Environment Agency’s
classification list. The applicant has provided a flood risk
assessment which indicates that there will be no impact on flood
storage capacity or flooding issues elsewhere due to the
development not increasing the footprint of the site. Given the
scale of the development the Environment Agency’s standing advice
is applicable in this instance, which states that surface water
should be managed appropriately and flood defences incorporated
where appropriate. Based on this advice and the submitted flood
risk assessment it is considered the proposal will not have a
greater impact on the flood risk of the area having regard to Part
10 of the NPPF.
Impact upon the amenity of neighbouring properties Policy CS16 also
states that development should ensure that the amenities of
existing and future neighbouring occupiers are safeguarded.
The site is located on an existing industrial site with no
residential properties nearby. Information has been submitted
regarding the potential concerns of noise from the sirens and when
they would be used. It is stated that they are generally used only
during the day given the increased amount of hazards about in
conjunction with flashing lights which are employed at all times.
Given the lack of nearby residents and the industrial nature of the
area during the day, the change of use is not considered to give
rise to undue impacts in terms of noise issues having regard to
Policy CS16.
Impact on protected species Saved Local Plan Policy E6 states that
the Borough Council will seek to safeguard, maintain and enhance
features of ecological and geological importance. Paragraph 118 of
the NPPF requires local authorities to have regard to the
conservation and preservation of protected species and their
habitats.
Given that the application is purely for a change of use with no
external changes proposed it is not considered protected species
will be adversely affected having regard to Saved Policy E6 and
Paragraph 118 of the NPPF.
Impact on parking and highway safety Saved Local Plan Policy T5
states that planning permission will only be granted for
development which incorporates satisfactory parking facilities.
Furthermore, the Planning Obligations SPD details parking standards
which should be provided for various types of development.
Paragraph 39 of the NPPF requires development proposals to have
regard to the safety of all highway users.
County Highways were consulted on the proposal and raised no
objections to the scheme. They did comment that the existing
parking and delivery patterns at the site would have to be taken
into account by the paramedics to ensure they were not blocked in.
It is considered that the applicant’s will be aware of the existing
traffic patterns at the site which would have been factored in to
their decision to apply for
13
the change of use. In terms of parking there is one external car
parking space associated with the unit as well as the ability to
park the ambulance within the unit.
Overall the development is not considered to cause harm to highway
safety and complies with the contents of Saved Policy T5, the
contents of the Planning Obligations SPD and Paragraph 39 of the
NPPF.
Recommendation: Approve subject to appropriate conditions.
DRAFT DECISION
APPLICATION NUMBER DATE VALID R13/0942 15/11/2013
ADDRESS OF DEVELOPMENT APPLICANT/AGENT UNIT 4 AVON INDUSTRIAL
ESTATE Mr Ian Cliffe BUTLERS LEAP Barnett Ratcliffe Partnership
RUGBY The Old Library Rowley Street CV21 3UY Stafford
Staffs ST16 2RH On behalf of Mr KEVIN HUTCHINGS, WEST MIDLANDS
AMBULANCE SERVICE
APPLICATION DESCRIPTION Change of use from B2 to ambulance response
post (sui generis)
CONDITIONS, REASONS & RELEVANT DEVELOPMENT PLAN POLICIES
CONDITION 1: The development to which this permission relates must
not be begun later than the expiration of three years from the date
of this permission.
REASON: To comply with Section 51 of the Planning and Compulsory
Purchase Act 2004.
CONDITION 2: The development shall not be carried out other than in
accordance with the plan no. 1314/01/PL/01 received by the Local
Planning Authority on 1 May 2013.
REASON: For the avoidance of doubt.
STATEMENT OF POSITIVE ENGAGEMENT: In dealing with this application
Rugby Borough Council has actively sought to work with the
applicant in a positive and proactive manner, in accordance with
paragraphs 186 and 187 of the NPPF.
14
Site address: Yardleys Meadow, Stretton Road, Wolston
Description: Erection of an agricultural building for storage of
hay and machinery including the provision of 3 holding / isolation
stables.
Case Officer Name & Number: Richard Redford, ext 3625
The Proposal; Planning permission is sought for the erection of an
agricultural building with 3 integral holding / isolation stables
for the agricultural building being used for the storage of hay and
machinery in connection with the applicants equine business. To be
constructed of Juniper green profile sheeting, block work and
timber the building will have a footprint measuring 21.2m by 12.2m,
the storage element of the building will be 3.6m and 5.3m high to
eaves and ridge levels respectively whilst the stable section,
providing 3 stables, will be 3.6m high to the top of its mono-pitch
roof slope and 2.5m high to its eaves level.
Submitted information details the main building will provide
storage area for amongst other things a number of tractors and
trailers with various attachment, hay, shavings and a horse box.
The proposal will be positioned at the end of the access drive
adjacent to and on the lower ground level side of a drop in ground
level, replacing the existing dilapidated 3-box stable
building.
An amended site location plan has been received to ensure that the
land contained within the RED edged area extends to the edge of the
highway. 2 reports from 2005 and 2006 have been submitted by the
applicant.
Site History; R05/0887/07844/P Construction of ménage, ancillary
stables, car
park, new vehicular access and associated works. Approved
19.10.05
R10/1127 Erection of a general purpose storage building and 3no.
attached isolation loose boxes, and retention of a vehicular access
track. Withdrawn 01.09.10
R10/1644 Retention and completion of an access track Approved
27.10.10
Consultee Correspondence; RBC Environmental Health No
objection
Environment Agency No objection Request a condition
WCC Ecology No objection Request a tree protection condition and
informatives
Third Party Correspondence; Wolston Parish Council Object On the
grounds of insufficient information
having been submitted; request the applicant
instruct a professional company to test the site and periphery for
contamination or noxious waste; and feel effluents should be
contained within the site ensuring no discharge into the
brook
Neighbours (2) Object On the ground of the site being in a green
belt location with no very special circumstances having been put
forward thus is inappropriate development; visual impact; impact
and potential impact on land formerly used as a waste site; and
contrary to local policy.
Neighbours (1) Support Are happy with the application.
Other Relevant Information; Situated outside of the defined
settlement boundaries for the main rural settlement of Wolston, the
site is located in the West Midlands Green Belt. Predominantly
pasture paddock land occupied by a number of horses there are
currently 2 buildings on the site as a whole – firstly in the form
of a purpose build timber clad 6-horse stable building that
includes tack room and wash down area and secondly in the form of a
3 stable building that is in a poor state and constructed of
corrugated sheeting. Ground levels rise from the road into the site
before falling in an easterly direction from the existing timber
clad stable block that is adjacent to the road toward the proposed
building.
Relevant Policies; RBCS Policy CS1 Development Strategy RBCS Policy
CS16 Sustainable Design & Construction NPPF
Consideration; The main issues for consideration relate to the
acceptability or otherwise of the proposal given the sites green
belt location along with design, appearance and amenity along with
other relevant matters.
The provisions of policy CS1 detail that development will only be
supported in green belt locations where they are in compliance with
the provisions of the NPPF which details all development in the
green belt is inappropriate, and thus harmful by definition, unless
within a limited list of acceptable uses. Section 9 of the NPPF
which relates to the green belt indicates that facilities for
essential outdoor recreation and business are an appropriate form
of development and on the basis that the proposal will provide
replacement stabling along with storage area for the on-site equine
operations the principle of the development is acceptable. It
therefore complies with the provisions of policy CS1 and the NPPF
and is acceptable in principle.
The design and appearance of both elements of the building –
storage element and stable element – are typical of other such
buildings in the green belt used for the same purposes. The
appearance of the 2 elements individually and collectively are such
that they fit in with and relate to each other whilst also fitting
in with the wider locality where there are a number of agricultural
storage buildings / barns and stables that are very visible as a
result of changing ground levels. Its position at the bottom of a
significant change in ground level of approx. 3m in the form of a
near vertical drop means that from the entrance side of the site
the only element visible will be a
16
section of the roof, whilst from across the valley it will be seen
against the drop that will minimise its scale, bulk and massing
that are, irrespective of its setting against the drop, acceptable.
This positioning and relationship with the surrounding area is such
that any impact as a result of it will be minimised to a level that
would not, on balance, justify a refusal being issued.
A number of residential dwellings adjoin the edge of the land in
the applicant’s ownership and are in excess of 130m away from where
the proposed building will be located. Whilst a number of these
dwellings will be able to view the proposal its distance from them
is such that it will not impact upon their amenities.
The site is located in an area identified as a historic former
landfill site and on this basis the Environment Agency has been
consulted. Following an initial objection from them indicating
further information was required to address pollution concerns in
relation to controlled waters, reports have been provided by the
applicant providing the information required. These reports have
been assessed by the Environment Agency who has removed their
objection stating that based on the surveys undertaken and
resultant test results they consider the proposal would pose a low
risk to controlled water receptors. They have requested a condition
be attached to any approval which is an acceptable condition.
With regards to the objections received, the relevant
investigations with resultant reports were undertaken by a
professional company and provided, with the Environment Agency
satisfied with their finding, such that they removed their
objection subject to a condition being attached to any approval.
Matters relating to green belt concerns have been addressed earlier
in the report with the proposal being acceptable whilst not
impacting on the visual character, appearance or nature of the
area.
Overall therefore the proposal complies with the provisions of the
NPPF as well as with polices CS1 and CS16 of the Rugby Borough Core
Strategy, and is therefore acceptable.
Recommendation; Recommend approval subject to conditions.
Report prepared by: Richard Redford 2nd January 2014
DRAFT DECISION
ADDRESS OF DEVELOPMENT APPLICANT/AGENT YARDLEYS MEADOW Mrs Debra
Archer STRETTON ROAD Bowie Lockwood Structures Ltd WOLSTON Coombe
Abbey Farm
Coombe Fields Road Ansty Coventry Warwickshire CV3 2AB On behalf of
Mr P Wilson
17
APPLICATION DESCRIPTION Erection of an agricultural building for
storage of hay and machinery including the provision of 3 holding /
isolation stables.
CONDITIONS, REASONS & RELEVANT DEVELOPMENT PLAN POLICIES
CONDITION 1: The development to which this permission relates must
not be begun later than the expiration of three years from the date
of this permission.
REASON: To comply with Section 51 of the Planning and Compulsory
Purchase Act 2004.
CONDITION 2: Unless otherwise agreed in writing by the Local
Planning Authority the development shall be carried out in
accordance with the plans and documents detailed below:
Application forms, Design & Access Statement, list of items to
be stored in the barn, drawing numbered 101 dated 21 June 2013 and
un-numbered drawing dated 16 June 2010 submitted as part of the
application to and received by the Local Planning Authority on 6th
August 2013; and
Amended drawing numbered 102 Rev A dated 8th July 2013 submitted to
and received by the Local Planning Authority on 12th September
2013; and
2 Ian Farmer Associates Desk Study Report numbered 2964 dated
December 2005 and Report On Site Investigations Report numbered
2964 dated March 2006.
REASON: For the avoidance of doubt and to ensure that the details
of the development are acceptable to the Local Planning
Authority.
CONDITION 3; The storage element of the building hereby approved
shall only be used for the storage of items as specified in the
list provided as part of the application, submitted to and received
by the Local Planning Authority on 6th August 2013.
REASON: For the avoidance of doubt and to ensure the building is
used for the purposes specified in the submission.
CONDITION; If, during development, contamination not previously
identified is found to be present at the site then no further
development (unless otherwise agreed in writing with the local
planning authority) shall be carried out until the developer has
submitted a remediation strategy to the local planning authority
detailing how this unsuspected contamination shall be dealt with
and obtained written approval from the local planning authority.
The remediation strategy shall be implemented as approved.
REASON; To ensure that the proposed development does not cause
pollution of controlled waters receptors.
18
CONDITION 5; No part of the development hereby permitted shall be
commenced and nor shall any equipment, machinery or materials be
brought onto the site until a scheme for the protection of all
existing trees and hedges to be retained on site has been submitted
to and approved in writing by the Local Planning Authority. The
agreed details shall be erected prior to development commencing and
subsequently retained until the development has been completed. The
scheme must include details of the erection of protective fencing
and be in accordance with British Standard BS5837: 2005, Trees in
Relation to Construction. Nothing shall be stored or placed in
those areas fenced in accordance with this condition and nor shall
the grounds levels be altered or any excavation take place without
the prior consent in writing of the District Planning Authority.
The approved scheme shall be kept in place until all parts of the
development have been completed and all equipment, machinery and
surplus materials have been removed.
REASON: To protect trees and other features on site during
construction.
CONDITION 6: No external lighting shall be erected unless and until
full details of the type, design and location have been submitted
to and approved in writing by the Local Planning Authority. Any
lighting shall only be erected in accordance with the approved
details.
REASON: To ensure a satisfactory external appearance and in the
interests of the visual amenities of the locality.
STATEMENT OF POSITIVE ENGAGEMENT: In dealing with this application
Rugby Borough Council has actively sought to work with the
applicant in a positive and proactive manner, in accordance with
paragraphs 186 and 187 of the NPPF.
INFORMATIVE 1; Buildings of all ages and trees with suitable
features (i.e. rot-holes, cracks, fissures) are frequently used by
roosting bats. Bats and their ‘roost’ sites are fully protected
under the 1981 Wildlife and Countryside Act and the Conservation of
Habitats and Species Regulations 2010 making them a European
Protected Species. It is a criminal offence to recklessly disturb
or destroy a known or suspected bat ‘roost’, even if the roost is
only occasionally used. Where a bat ‘roost’ is present a licence
may be necessary to carry out any works. Further information about
species licensing and legislation can be obtained from the Species
Licensing Service on 0845 601 4523. If evidence of bats is found
during works, work should stop immediately and Natural England must
be contacted on 01453 764450 for advice on the best way to
proceed.
INFORMATIVE 2; Work should avoid disturbance to nesting birds.
Birds can nest in many places including buildings, trees, shrubs
dense ivy, and bramble/rose scrub. Nesting birds are protected
under the 1981 Wildlife and Countryside Act. The main nesting
season lasts approximately from March to September, so work should
ideally take place outside these dates if at all possible. N.B
birds can nest at any time, and the site should ideally be checked
by a suitably qualified ecologist for their presence immediately
before work starts, especially if during the breeding season.
19
INFORMATIVE 3; In view of the nearby ponds and potentially suitable
habitat adjacent to the site, care should be taken when clearing
the ground prior to development, and if evidence of specially
protected species such as reptiles or amphibians is found (great
crested newt, grass snake, common lizard or slow-worm), work should
stop while Warwickshire Museum Ecology Unit or Natural England is
contacted. Reptiles and amphibians are protected to varying degrees
under the 1981 Wildlife and Countryside Act and the Countryside and
Rights of Way Act 2000 and great crested newts are additionally
deemed European Protected Species.
INFORMATIVE 4; The applicant is advised that the manure and waste
from the use of the stables should be stored in such a way or
covered so that nuisance from smell or from flies does not occur.
The manure and waste should preferably be removed from the
site.
20
Site address: High Tor, Shilton Lane, Shilton
Description: Use of land as a private gypsy and traveller caravan
site for up to 3 pitches together with the formation of
hardstandings and erection of an amenity block
(retrospective)
Case Officer Name & Number: Nathan Lowde 01788 533725
Description of proposed development The application has been
submitted retrospectively and seeks the use of land as a private
gypsy and traveller caravan site for up to 3 pitches together with
the formation of hardstandings and erection of an amenity
block.
Description of Site The application site is located outside of the
defined settlement boundary of Shilton located approximately 1.1km
to the west of the village of Shilton within the West Midlands
Green Belt. The site is about 1.1km to the east of the urban edge
of Coventry. The application site is a rectangular parcel of land
on the south side of Shilton Lane and is served by two access
points off Shilton Lane. The application site forms the rear part
of a property known as High Tor and has an area of about 0.5ha.
High Tor itself is a large detached bungalow. Access to the pitches
is gained via a driveway running along the eastern side of the
bungalow.
Historical the site comprised of a detached bungalow with a small
area of amenity garden area, with paddock and stables. The
application site is boarded by 2 metre high fencing and a large
barn is present measuring 10m by 7m which is not linked to any
forestry or agricultural use. A building is also present which will
be used as the amenity building.
The site is bounded to the west to a residential dwelling house
Homeleigh, to the east by scrubland and to the north by
agricultural land and to the south by agricultural land and the M69
Motorway beyond.
Relevant Planning History R10/2013 Use of land as a private gypsy
caravan site,
comprising 5 no Pitches, hardstanding and amenity block (part
retrospective). Refused 25-May-2011
Third Party Comments Neighbours objection (19 household objections,
29 objection letters)
- Blight on rural landscape - Not in keeping with the area - Loss
of privacy and light - Extra traffic - Noise pollution -
Development is within the green belt - No public transport services
- Not enough play areas and play equipment within the area for the
increase in
children - Impact on country walks from Bulkington to Shilton via
Ansty and Barnacle - Inappropriate development in the green belt -
Cumulative impact with existing sites in the area - Negative visual
impact
21
- No overwhelming circumstances given to allow the development -
Insufficient amenities within the area - No streetlights or
footpath on road - There are excessive numbers of gypsy and
traveller sites within the area - Back garden development
Parish Council objection - Inappropriate development within the
green belt - No substantial change to the previous application
refused - Conversion of back garden into a gypsy site -
Overconcentration of gypsy and traveller sites in the Shilton and
Barnacle
area - The RBC Core Strategy seeks to spread sites around the
Borough
Technical Consultation Responses
WCC Highway no objection subject to conditions relating to access
arrangements and visibility splays.
Development Strategy If the case officer is minded that the
redevelopment of the site, including the removal of the barn, would
not have a greater impact on the openness of the Green Belt then
the proposal should be approved.
Environmental Services no objection subject to conditions to ensure
that i) the site is not further sub-divided, ii) no commercial
activity is undertaken on the site including burning, storage,
transfer or disposal of trade waste, iii) limiting parking,
stationing or storage of vehicles to 3.5 tonnes, iv) no external
generators shall be used, v) full details of the septic tank
WCC Ecology note highlighting to use of native species for any
landscaping works.
Relevant planning policies/guidance
Rugby Borough Council LDF Core Strategy 2011 CS1: Development
Strategy complies
CS16: Sustainable Design and Construction complies CS22: Gypsy,
Travellers and Travelling Showpeople. complies
Warwickshire County Council Landscape Assessment of the Borough of
Rugby 2006
Saved Local Plan Policies (Post Core Strategy Adoption) June 2011
E6 Biodiversity complies
National Planning Policy Guidance National Planning Policy
Framework 2012 complies Planning Policy for traveller sites
complies
22
Assessment of proposal
Gypsy Status It is accepted that the appellants and the occupiers
are gypsies and travellers in terms of planning policy and falls
within the definition of gypsies and travellers in Annex 1 to the
PPTS.
Green Belt
The proposal is on previously developed land as defined within
Annex 2 of the NPPF, and seeks to site one caravan to the rear of
the existing dwelling on a section of land historically used as a
paddock area, with two further caravans proposed to be sited
partially on the footprint of the former stables building, which
were present in a previous application (reference R10/2013) for 5
pitches on the site.
There is a clear statement within Core Strategy policy CS1 and CS22
that only where national policy on Green Belt allows will
development be permitted. The development of gypsy and traveller
sites is not one of the limited forms of development that may be
considered ‘appropriate development’ in the Green Belt. It is
therefore inappropriate development that is, by definition, harmful
to the Green Belt. Policy E of the Planning Policy for Traveller
Sites (PPTS) also states that traveller sites in the Green Belt are
inappropriate development.
NPPF paragraph 88 states that inappropriate development should not
be approved except in very special circumstances and that
substantial weight should be given to any harm to the Green Belt.
Very special circumstances will not exist unless the harm to the
Green Belt by reason of inappropriateness, and any other harm, is
clearly outweighed by other considerations.
NPPF paragraph 89 provides exceptions to the construction of new
building as being inappropriate in Green Belt. One of these is for
limited infilling or partial or complete redevelopment of
previously developed sites, whether redundant or in continuing use,
which would not have a greater impact on the openness of the Green
Belt and the purpose of including land within it than the existing
development. The applicant has stated that they will remove the
existing barn if full planning permission is granted.
The combined footprint of the existing stable block and barn totals
146m2 and the combined total of the proposed caravans together with
the amenity block to be retained equates to 109m2. It is therefore
considered that the proposed development would not have a greater
impact upon the openness of the green belt then the existing
development. Whilst the proposed development also seeks the
provision of six car parking spaces which would also impact upon
the openness of the green belt, it is considered that this impact
would be limited by the duration of which vehicles are parked
within the site.
The development is confined to the areas that constitute previously
developed land and as such would not result in encroachment into
the countryside and therefore would not conflict with the purposes
of including land within the green belt. It is therefore considered
that the principle of development is considered acceptable and the
development is considered ‘appropriate’ development within the
green belt in accordance with policies CS1 and CS22 as contained
with the RBC Core Strategy and guidance contained within the NPPF
and PPTS.
23
As the development is considered to be ‘appropriate development’
there is no requirement on the applicant to demonstrate ‘very
special’ circumstances or to advance health and educational needs,
and alternative sites as this site is considered appropriate. With
this in mind it would not be appropriate, such planning permission
be granted, to impose a condition personal to the applicant and his
family but only to restrict occupiers of the site to ‘gypsy and
travellers’ as defined with in Annex 1 of the PPTS. This will
define the planning permission by ensuring that the site is only
used as a gypsy and traveller site.
Whilst concerns by third parties have been expressed relating to
the over- concentration of site within the Parish of Shilton, it is
not considered that the addition of three pitches as proposed
together with existing permanent sites would represent an
over-concentration of sites within the locality.
Visual amenity
The majority of the development and more specifically caravans 1
and 3 and the car parking spaces which seek to serve these caravans
together with the amenity building, would be screened by the
existing dwelling house on site. Glimpses of the proposed
development and more specifically caravan 2 would be visible within
the streetscene. Taking into consideration the character of the
streetscene being varied with retail, residential, and equestrian
buildings forming part of the streetscene together with the
established Gypsy and Traveller sites within the streetscene, it is
not considered that elements of the development that will be
visible within the streetscene would have an adverse impact upon
the visual amenity of the area. In addition to this the proposal
seeks the removal of an existing corrugated building which is not
visually pleasing within the streetscene. It is therefore
considered that the proposed development would not have an adverse
impact upon the visual amenity of the area in accordance with
policy CS16.
Residential amenity
The main neighbouring property that this proposed development may
impact upon is Homeleigh which is situated to the west of the
application site. Along the western boundary of this neighbouring
property is Hilltop Nursery Garden Centre. The existing site
boundary treatment along the shared boundary of the application
site and this neighbouring property includes a 2m high close
boarded fence. As indicated on the Site Plan the closest caravan
labelled 1 would be 3 metres away from the boundary, with caravan 3
being 4 metres away and caravan 2, 14 metres. The amenity block has
a foot print of 28m2 with a height of 3.8m which has been
positioned 1 metre from the boundary. An existing outbuilding sited
in within the curtilage of the neighbouring property obscures the
amenity block.
Given the distance of the caravans to the boundary and the existing
boundary treatment it is not considered that the caravans would be
unduly prominent along the boundary and would not result in any
overlooking or loss of privacy from the proposed development.
The proposed development is a reduced scheme to that previously
refused and now seeks to accommodate 3 pitches as oppose to 5
pitches which was considered to constitute an un-neighbourly form
of development. The revised scheme would reduce the level of noise
and disturbance when considered against the previously proposed
scheme. Taking into consideration the reduction in the number of
pitches, together with the site boundary treatments which consists
of a 2 metre high close boarded fence along the shared boundary
with the neighbouring property Homeleigh, the distance of caravans
2 and 3 to the neighbouring dwelling house and the site
24
boundary, it is considered that the proposed development would not
have an adverse impact upon the amenity of this neighbouring
property. The proposal is therefore in accordance with policy
CS16.
Highway
Following consultation with WCC Highway authority it is not
considered that the proposed development would have an adverse
impact upon highway safety. It is also considered that sufficient
car parking has been provided within the site to serve the proposed
development.
Recommendation
ADDRESS OF DEVELOPMENT APPLICANT/AGENT HIGHTOR Mr And Mrs P
Kefford
SHILTON LANE Hightor COVENTRY Shilton Lane
CV7 9LH Coventry Warwickshire
CV7 9LH
APPLICATION DESCRIPTION Use of land as a private gypsy and
traveller caravan site for up to 3 pitches together with the
formation of hardstandings and erection of an amenity block
(retrospective)
CONDITIONS, REASONS & RELEVANT DEVELOPMENT PLAN POLICIES
CONDITION: 1
This permission shall be deemed to have taken effect on 29th
January 2014.
REASON: To comply with Section 51 of the Planning and Compulsory
Purchase Act 2004.
CONDITION: 2
Unless otherwise agreed in writing by the Local Planning Authority
the development shall be carried out in accordance with the plans
and documents detailed below:
Proposed Site Plan and Amenity Block plan dated October 2010
received by the Local Planning Authority on the 1st August
2013.
REASON:
For the avoidance of doubt and to ensure that the details of the
development are acceptable to the Local Planning Authority.
25
CONDITION: 3
The site shall not be occupied by any persons other than gypsies
and travellers as defined in Annex 1 of Planning Policy for
Traveller Sites.
REASON
CONDITION: 4
Within three months from the date of this decision to existing barn
as shown on the Site Plan dated October 2010 and received by the
Local Planning Authority on the 1st August 2013 shall be removed
and all material arising from this shall be removed from
site.
REASON
To ensure that the proposed development would have a greater impact
upon the openness of the green belt, and is an acceptable form of
development within it.
CONDITION: 5
There shall be no more than 3 touring caravans as defined in the
Caravan Sites and Control of Development Act 1960 and the Caravan
Sites Act 1968, as amended, stationed on the land.
REASON:
To ensure that the proposed development is an appropriate form of
development within the green belt and in the interest of visual
amenity and residential amenity.
CONDITION: 6
Within three months of the date of this decision notice a plan
shall be submitted to the Local Planning Authority showing the
siting of a proposed bin store within the area where the existing
barn (to be removed) is located. The bin store shall be erected
within three month from the date of the approval of these
details.
REASON
CONDITION: 7
The vehicular access to the site shall not be used until it has
been constructed to include the following requirements all of which
are specified in ‘Transport and Roads for Developments – The
Warwickshire Guide 2001 (published by Warwickshire County
Council).
A) A minimum width of 5.5 metres with a gradient not steeper than
1in 15 and hard surfaced in a bound material for a distance of 12.0
metres from the near edge of the highway carriageway.
26
B) Gates and barriers opening into the site and not being placed
within the vehicular access any closer than 12.0 metres from the
near edge of the highway carriageway.
C) Visibility splays for vehicles having been provided with an ‘x’
distance of 2.4 metres and ‘y’ distances of 215 metres to the right
on egress and 180 to the left egress, as measured from the centre
of the access. No structure, erection, trees or shrubs exceeding
0.9 metres in height shall be placed, allowed to grow or be
maintained within the visibility splays so defined.
D) The access not reducing the effective capacity of any highway
drain, and not allowing surface water to run off the site onto the
highway.
REASON:
CONDITION: 8
There shall not be any direct vehicular access made or maintained
between the residential dwelling and the easterly access onto
Shilton Lane (C26).
REASON:
CONDITION: 9
Vehicular access to the site from the highway (Shilton Lane – C26)
shall not be made other than at a position of the more easterly of
the two existing accesses.
REASON: In the interest of highway safety.
CONDITION: 10
Adequate vehicular turning space is provided and maintained within
the site so that vehicles are able to enter and leave the highway
in a forward gear.
REASON:
CONDITION: 11
Within three months from the date of this decision details shall be
submitted to the Local Planning Authority showing the location of a
permanent barrier (which is to be a 1m high post and rail fence) to
be erected to prevent vehicular use of the easterly access by
vehicles associated with the existing dwelling. Within three months
from the date in which these details are approved, the barrier
(means of enclosure) shall be erected and retained in pertentunity
of the development.
REASON:
27
CONDITION: 12
The highway (verge) crossing has been laid out and constructed to
the satisfaction of the Local Planning Authority in accordance with
the standard specification of the Highway Authority.
REASON:
CONDITION: 13
No commercial activities shall take place on the land, including
the storage of plant, machinery and materials and the transfer or
burning of materials.
REASON
In the interest of visual amenity and to protect to openness of the
green belt
CONDITION: 14
No vehicle over 3.5 tonnes shall be stationed, parked or stored on
the site.
REASON
In the interest of the visual amenity of the area
CONDITION: 15
No external generators shall be used unless they are enclosed and
submitted and approved by the Local Planning Authority.
REASON
CONDITION: 16
No external lighting shall be erected unless and until full details
of the type, design and location have been submitted to and
approved in writing by the Local Planning Authority. Any lighting
shall only be erected in accordance with the approved
details.
REASON:
To ensure a satisfactory external appearance and in the interests
of the visual amenities of the locality.
CONDITION: 17
Within three months of the date of this decision full details of
the existing septic tank shall be submitted to the Local Planning
Authority. Should any further works to the existing septic tank be
required or a new septic tank installed, these shall be implemented
within three months from the date of this details being
approved.
28
REASON
In the interest of residential amenity to ensure that the site is
served by sufficient drainage.
INFORMATIVE: 1
The applicant is respectfully advised that as additional planting
is proposed for the site, indigenous tree and shrub species should
be used, preferably of local provenance. Such plants are visually
attractive, and have a far higher value for local wildlife than
cultivated, non-native plants.
STATEMENT OF POSITIVE ENGAGEMENT:
In dealing with this application Rugby Borough Council has actively
sought to work with the applicant in a positive and proactive
manner, in accordance with paragraphs 186 and 187 of the
NPPF.
29
Reference number: R13/0295
Site address: Land on the West Side of Oxford Road (Sunrise Park),
Ryton-on-Dunsmore
Description: Use of land for the siting of caravans for residential
purposes. (Removal of Condition 1 (the use of the land for a
limited period of 4 years) of Planning Permission
APP/E3715/C/09/2110115 (R09/0291/MDPT) granted on appeal on 4th
February 2010 to allow the permanent occupation of the land by the
applicants. (Re-submission of previously withdrawn application
R12/1225 dated 28/11/2012)) together with the creation of an earth
bund and associated landscaping works.
Case Officer Name & Number: Nathan Lowde 01788 533725
The Proposal: This application relates to an area of land located
on the south-western side of Oxford Road (A423), opposite the
junction with Freeboard Lane, approximately 2.0 km south of
Ryton–on-Dunsmore and approximately 2.0 km north of Princethorpe.
It lies within the parish of Ryton-on-Dunsmore.
The site lies within open countryside which forms part of the Green
Belt.
There are mature trees and hedging on the application site frontage
to the A423, with a mature hedgerow along the south-eastern
boundary and a bund along the western boundary. There is an
existing gypsy site (Woodside Park – which is partly owned by the
Borough Council) to the west with Ryton Wood (Site of Special
Scientific Interest (SSSI)) beyond. A small temporary gypsy site
comprising of 1 pitch is also located immediately to the north
(known as BerryBanks).
Until early 2009, the application site was in agricultural use,
when the site was occupied by a large family of travellers who had
moved off existing pitches at Woodside Park. Retrospective planning
permission was granted on appeal on 4th
February 2010 for 10 gypsy pitches, associated amenity buildings,
hard standing areas and a new access off Oxford Road opposite
Freeboard Lane. Condition 1 of the appeal decision
(APP/E3715/C/09/2110115) stated:
The use hereby permitted shall be for a limited period being the
period of 4 years from the date of this decision. At the end of
this period the use of the land for the siting of caravans for
residential purposes shall cease, all caravans, structures,
materials and equipment brought onto the land in connection with
that use shall be removed and the land restored to its former
condition.
Following the granting of the above planning approval, planning
officers negotiated amendments to the submitted layout – this in
effect located all of the pitches and associated
buildings/structures to the rear of the site (close to the bund
separating the site from Woodside Park), leaving the front part of
the site alongside Oxford Road to be retained as more open grass
paddocks. Subsequently the details of 2 package sewage treatment
works, a site landscaping scheme and walls/fencing and gates
erected at the site entrance, were agreed under condition 7 of this
permission. These works have now been substantially
implemented.
Permission is now sought to amend condition 1 to allow the
permanent occupation of the land by the existing applicants.
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A Site Development Scheme has been submitted with the application
showing the layout of the development together with the proposed
creation of a 1.7 metre high wild grass earth bounds with trees and
saplings along the north-eastern boundary of the site and the
south-eastern boundary of the site. The earth bound along the
north eastern boundary will serve to re-enforce the existing
landscaping along this boundary, and the earth bound along the
south-eastern boundary of the site will act as a buffer to the
SSSI.
Authorised Use:
Agricultural/Temporary Permission for Gypsy & Travellers Site
(10 pitches).
Site History: Retrospective application for the use of land as a
residential caravan site for
gypsy families, comprising of 10 No. pitches for residential
purposes including formation of new access and ancillary works,
including the erection of an amenity building – Refused 10/6/2009
(Ref: R09/0291/MPDT) and resolution granted to commence Enforcement
Action.
Appeal against Enforcement Notices (2) - Allowed 4/02/2010 (Ref:
APP/E3715/C/09/2110115).
Discharge of Condition 7 (foul and surface water drainage,
lighting, internal site layout, landscaping) – Approved
16/09/2010
Application for Removal of Condition 1 (the use of the land for a
limited period of 4 years) of Planning Permission
APP/E3715/C/09/2110115 (R09/0291/MDPT) granted on appeal on 4th
February 2010 to allow the permanent occupation of the land by the
applicants – withdrawn 25/07/11
Application for Removal of Condition 1 (the use of the land for a
limited period of 4 years) of Planning Permission
APP/E3715/C/09/2110115 (R09/0291/MDPT) granted on appeal on 4th
February 2010 to allow the permanent occupation of the land by the
applicants. (Re-submission of previously withdrawn application
R11/0059 dated 25/07/2011) – withdrawn 28/11/12
Technical Consultations
Environmental Services no objection subject to conditions
restricting the number of caravans per pitch, personal condition to
those families listed within the D&A Statement, condition
prohibiting the sub-division of the 10 pitches, condition
prohibiting commercial activity on site and the burning of material
onsite, condition to ensure that the top soil to be imported to
form the earth bank is tested for contamination.
Natural England no objection subject to a condition requiring the
erection of a boundary treatment to the SSSI with details to be
submitted to the LPA.
Warwickshire CC (Ecology) no objection subject to conditions
relating to great crested newt mitigation measures and boundary
treatment.
Warwickshire Wildlife Trust no comments received
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Development Strategy Exceptional circumstances purported by the
applicants would outweigh the harm to the Green Belt that would
result from the permanent approval of this application.
Third Party Consultations
Neighbours (2) support - The occupants have spent a great deal of
time and energy in transforming the place form a once muddy field
to a beautiful residential mobile home park.
- The family do not cause any problems.
Ryton Parish Council objection - The Planning Inspector determined
this should be a temporary permission
grant for four years and nothing has changed to overrule the
Inspector’s opinion.
- The original justification for allowing the permission on appeal
was that there were at that time, no there suitable sites. The
four-year limit was set on the basis that other sites should become
available over that period and there is currently a call for sites
being carried out which may provide suitable sites. There are
currently no logical ground for making the four-year temporary
permission permanent.
- The site should be returned to open green field at the end of the
period. - The development is in Green Belt and as there us a
presumption against
inappropriate development the application should be refused.
Relevant policies and guidance
Rugby Borough Council LDF Core Strategy 2011 CS1: Development
Strategy complies
CS16: Sustainable Design and Construction complies CS22: Gypsy,
Travellers and Travelling Showpeople. complies
Saved Local Plan Policies (Post Core Strategy Adoption) June 2011
E6 Biodiversity complies
National Planning Policy Guidance National Planning Policy
Framework 2012 Planning Policy for traveller sites
Determining Considerations
Government policy on traveller sites is now set out in Planning
Policy for Traveller Sites (March 2012) (PPTS) which has replaced
Circular 01/2006.
The Government's overarching aims include: that local planning
authorities should make their own assessment of need for the
purposes of planning;
- encouraging local planning authorities to plan for sites over a
reasonable timescale;
32
- reducing tensions between settled and traveller communities in
plan-making and planning decisions;
- enabling provision of suitable accommodation from which
travellers can access education, health, welfare and employment
infrastructure; and
- local planning authorities to have due regard to the protection
of local amenity and local environment.
Local planning authorities should set pitch targets for gypsies and
travellers which address likely needs. In producing their local
plans they should:
- identify and update annually, a supply of specific deliverable
sites sufficient to provide five years' worth of sites against
their locally set targets; and
- identify a supply of specific, developable sites or broad
locations for growth, for years six to ten and, where possible, for
years 11-15.
The selection of sites should 'relate the number of pitches or
plots to the circumstances of the specific size and location of the
site and the surrounding population's size and density' and protect
local amenity and environment. Criteria should be set to guide land
supply allocations where there is identified need and the
determination of applications which come forward.
In addition to the general guidance in Policy B of the PPTS, that
traveller sites should be sustainable economically, socially and
environmentally, there is specific guidance for sites in rural
areas and the countryside. When assessing the suitability of sites
in rural or semi-rural settings, local planning authorities should
ensure that the scale of such sites does not dominate the nearest
settled community.
Unlike Circular 01/2006, which stated that gypsy and traveller
sites were appropriate in principle in rural settings where not
subject to special planning constraints, the PPTS says that new
traveller site development in open countryside that is away from
existing settlements or outside areas allocated in the development
plan should be strictly limited. However, whilst sustainability and
accessibility clearly continue to underpin National Planning
Guidance, the specific reference in Circular 01/2006 which states
that "local planning authorities should first consider locations in
or near existing settlements with access to local services, e.g.
shops, doctors and schools" is not repeated in the PTTS.
Under PPTS Policy H, amongst other relevant matters, the issues to
be considered in determining planning applications are: a) the
existing level of local provision and need for sites b) the
availability (or lack) of alternative accommodation for the
applicants c) other personal circumstances of the applicant d) that
the locally specific criteria used to guide the allocation of sites
in plans or which form the policy where there is no identified need
for pitches/plots should be used to assess applications that may
come forward on unallocated sites e) that they should determine
applications for sites from any travellers and not just those with
local connections.
In respect of applications for permission made in the 12 months
from the date PPTS came into effect in March 2012, if a LPA cannot
demonstrate an up-to-date five year supply of deliverable sites,
Policy H says that this should be a significant material
consideration when considering the grant of temporary planning
permission. Also under this policy LPAs are advised to attach
weight to:
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a) effective use of previously developed (brownfield), untidy or
derelict land b) sites being well planned or soft landscaped in
such a way as to positively enhance the environment and increase
its openness c) promoting opportunities for healthy lifestyles,
such as ensuring adequate landscaping and play areas for children
d) not enclosing a site with so much hard landscaping, high walls
or fences, that the impression may be given that the site and its
occupants are deliberately isolated from the rest of the
community.(Policy H para.24)
Gypsy Status It is accepted that the appellants and the occupiers
are gypsies and travellers in terms of planning policy and falls
within the definition of gypsies and travellers in Annex 1 to the
PPTS. Warwickshire County Council Gypsy Liaison Officers confirm
this.
Principle There is a clear statement within Core Strategy policy
CS1 that only where national policy allows will development within
the Green Belt be permitted. This statement is repeated in Policy
CS22. The development of gypsy and traveller sites is not one of
the limited forms of development that may be considered
‘appropriate development’ in the Green Belt as stated in the NPPF.
Policy E of the Planning Policy for Traveller Sites states that the
development of traveller sites in the Green Belt is inappropriate
development. As inappropriate development the proposal is therefore
harmful to the Green Belt by definition.
The NPPF states that inappropriate development in the Green Belt
should not be approved except in very special circumstances and
that substantial weight should be given to any harm to the Green
Belt. Very special circumstances will not exist unless the harm to
the Green Belt by reason of inappropriateness, and any other harm,
is clearly outweighed by other considerations. Where inappropriate
development is proposed in the Green Belt, permission should not be
granted unless it can be demonstrate that there are very special
circumstances to justify a grant of planning permission that will
cause is harm to the Green Belt.
It should be noted that the written ministerial statement by
Brandon Lewis in July 2013 stated that the single issue of unmet
demand, whether for traveller sites or for conventional housing, is
unlikely to outweigh harm to the green belt and other harm to
constitute the ‘very special circumstances’ justifying
inappropriate development in the green belt. This has been
confirmed in recent appeal decisions.
The applicant has argued within the design and access statement
which supports this application that exceptional circumstances
sufficient to outweigh the harm to the Green Belt do exist in this
case. Supporting documents submitted with the application
highlights the strong local connection these gypsies and travellers
have not only within the Ryton area but also Rugby Borough, because
they have resided in the area for 18 years, with the majority of
the family having been residents at the nearby Woodside Park or
some 15 years prior to occupying this site. The families are also
registered to the local doctor’s surgery for their health needs,
with one member of the family receiving on-going weekly
checks/treatment for an existing medical condition and as such in
need of a stable place to receive on-going treatment/checks and
some of the children attend local schools or receive home tutoring.
In addition, the applicant highlights that there is a large unmet
need within the Borough for gypsy and traveller sites, an
unavailability of suitable alternative sites
34
and deficiencies within the development plan policy for the
provision of Gypsy and Traveller caravan sites in Rugby.
Core Strategy Policy CS22 requires applicants to demonstrate that a
sequential approach has been taken towards the selection of sites.
The applicant has provided details as to the relevant agents they
have contacted regarding the availability of land, but report that
this process has been to no avail. A supporting letter provided by
Rob Leahy (Gypsy and Traveller Liaison Officer, Warwickshire County
Council) also highlights that there are currently no public pitches
available and that there is no known private land identified to
meet the family’s needs.
It is accepted that there is a significant need for additional
sites and that the Council is currently unable to demonstrate an up
to date five year land supply of deliverable gypsy and traveller
sites, as required by the PPTS. Work on a Gypsy and Traveller Sites
Allocations Development Plan Document (“DPD”) commenced in 2012
with a view to adoption in summer 2014. Two call for sites
exercises were undertaken: one as part of the Strategic Land
Availability Assessment; and another specifically for Gypsy and
Traveller Sites. For the second call for sites correspondence was
sent to the following; existing Gypsy and Traveller sites within
the Borough; Gypsy and Traveller liaison groups; Warwickshire
County Council and other bodies that may have landholdings such as
Warwickshire Police, National Grid and Severn Trent.
This process did not lead to the identification of any new sites
that were available specifically to accommodate the needs of the
gypsy and traveller community. It should be noted that the
applicant submitted this site for consideration as part of the call
for sites process. At this time, the Council is currently unaware
of any available suitable alternative sites for the
applicant.
The failure of the call for sites to identify any deliverable sites
to meet the large unmet for gypsy and traveller accommodation in
the Borough is one of the reasons why there has been a delay in
production of the DPD. Another reason for the delay is the need to
update the Gypsy and Traveller Accommodation Assessment Study
following Lord Taylor’s review of planning policy guidance. The DPD
will not be adopted in summer 2014 as originally intended. An
updated Local Development Scheme (January 2014), timetables the
adoption of the DPD for April 2016. It should be noted that the
authority are currently out to tender on an updated needs
assessment to inform the DPD. The production of the DPD will
therefore not assist in meeting the immediate need for 41 permanent
pitches by 2016 that is outlined in Policy CS22. The approval of
this application would help significantly reduce this need to 31
pitches.
Policy CS22 states proposals should be appropriate and
proportionate in scale to the nearest settlement, its local
services and infrastructure. Whilst this site is not immediately
adjacent to the Main Rural Settlement of Ryton on Dunsmore its
proximity to this village does allow access to its services. Given
the size of the village of Ryton on Dunsmore, the combination of
the application site together with the neighbouring gypsy and
traveller sites is unlikely to result in the over dominance of the
village nor place an undue pressure on the local
infrastructure.
Visual Amenity The site does lie within the rural landscape and
clearly impacts upon its character and appearance. The development
of the site is focused towards the southern boundary of the site,
which reduces the prominence and intrusiveness of the development
when viewed from the Oxford Road. There is substantial screening
along the north-eastern boundary of the site in the form of a
deciduous hedgerow
35
and tree planting. The use as existing is therefore well screening
and unobtrusive, especially when the hedgerow and tree are in leaf.
Whilst is has been considered within previous officer reports that
there would still be an impact to the detriment of the visual
amenity of the area, any harm to the visual amenity of the area
that currently exists is limited in duration when the established
vegetation is not in leaf. This harm to the character and
appearance of the area that has been previously identified would be
ameliorated by the proposed landscape mitigation measures which
include the wild grass earth bank with tree and scrub planting. The
proposed landscape mitigation would further strengthen existing
screening along the northern boundary of the site. There is a
slight incline within the site towards the southern boundary where
the pitches are sited. The proposed 1.7m grass bank with planting
would add significant screening of the development when viewed from
the highway, as a result of this incline. Whilst some harm will be
caused it is considered that the existing and proposed landscaping
to the northern boundary of the site would successfully mitigate
the adverse impact created by the proposed development to a level
that would be considered acceptable and allow the development to
assimilate itself into the environment. The proposal therefore
complies with policy CS16 and criteria outlined within policy CS22
which seeks to ensure that the site is capable of sympathetic
assimilation into the surrounding area.
Other Harm One of the five purposes that the Green Belt serves is
to safeguard the countryside from encroachment. The proposed
development is confined to the southern boundary of the site close
to Woodside Park which is an established Gypsy and Traveller site
for 36 pitches. As the pitches are confined to the southern
boundary of the site a large proportion of the site would remain
open and undeveloped. Taking these factors into account, it is
considered that the proposed development would introduce a
“moderate encroachment&