Agenda item

N/037/01064/20:

N/037/01064/20: View the plans and documents online, please click on the Application Number.  (Please note:  If viewing as a pdf document, this hyperlink is not available).

 

Applicant:                             Mr D. Baker

 

Location:                              Haiths Farm,

Main Road,

Covenham St Bartholomew

 

Recommendation:             Approval with Conditions

 

Officer:                                   Claire Girdley

 

 

Minutes:

Application Type:  Full Planning Permission

 

Proposal:                  Planning Permission – Extension and alterations to the existing dwelling (which is a listed building) to provide a ground floor enlarged dining room, erection of a detached barn and construction of a manege.

 

Location:                  Haiths Farm, Main Road, Covenham St. Bartholomew, Louth, LN11 0PF

 

Applicant:                 Mr D. Baker

 

Members received an application for planning permission for an extension and alterations to the existing dwelling (which is a listed building) to provide a ground floor enlarged dining room, erection of a detached barn and construction of a manege.  Listed Building Consent for the alterations and extension to the dwelling had been granted under separate application.

 

The application had been called in to be heard at committee for the reasons outlined at Paragraph 1.1 (agenda page 55 refers).

 

The Development Management Lead Officer detailed the site and surroundings information to Members, which were contained with the report presented, Paragraph 2.1 refers (Agenda page 55 refers) and displayed on the presentation slides.

 

The main Planning issues were considered to be:

 

·         Impact of the development on the Historic Character and Significance of the Listed Building.

·         Impact on the character of the area and impact on nearby residents.

·         Archaeology.

·         Drainage.

·         Tree Preservation Orders.

 

There were two speakers for this application, Ms. Laura Clark who spoke in opposition and Mr. Darren Baker the applicant.

 

Once the speakers had concluded their presentations, Members were invited to ask questions.

 

The Applicant confirmed that the barn and the manege would be for the sole use of his family.

 

The applicant was queried as to why that particular portion of the farm’s land had been chosen and the Panel’s Legal Officer reminded Members that questions to the applicant or the objector should only refer to the application as detailed.  It was argued that as the applicant had referred to his land to the north and east, then Members had the right to include this in their questioning.

 

The Development Management Lead Officer requested Members concentrate on the land covered by the application.

 

One Member queried the objector as to whether a fence would be of assistance with regard to her loss of privacy and amenity – she responded that as the fence would need to be over three metres high and she did not believe that it would assist, either by ensuring her privacy or muffling the noise from the manege.  It would also inhibit sunlight from reaching her property.

 

At this point no further questions were raised by Members for either the applicant or the objector.

 

A Member queried the conditions requesting confirmation that they covered night lighting, restricted the barn to horses only, no commercial activities and environmental health issues.  The Development Management Lead Officer confirmed they did cover those issues, Conditions 12, 13 and 14 referred.

 

There was some confusion with regard to the distance of the barn and the manege to the neighbour’s property and both the applicant, the objector and the plans had given different distances which led to Members voicing confusion, with one Member requesting a site visit.  The Development Management Lead Officer attempted to clear the confusion up as did the Assistant Director Planning and Strategic Infrastructure.

 

One member proposed that the matter be deferred until the December meeting so that a site visit could be arranged and this proposal was seconded.

 

One Member noted that riding would not be taking place 24/7 nor would the objector be in her kitchen 24/7 and considered that her amenity would not be troubled by this and proposed the acceptance of the Officer’s recommendation and this proposal was seconded.

 

One Member noted that whilst he was happy with the proposal, he considered that the landscaping conditions should be enhanced to include evergreen plantings.  He also queried the condition at 4.5 which said “daylight condition not acceptable” and asked for clarity as to the meaning.

 

The Panel’s Legal Advisor advised Members that it would be unreasonable to restrict private use.

 

It was proposed and seconded that the application be deferred for one month to allow a site visit to take place and upon being put to the vote, the proposal was lost.

 

Vote:                           3 in favour                 6 Against                   1 Abstentions

 

 

It was proposed and seconded that the application be approved with conditions and upon being put to the vote, the proposal for approval with conditions was carried.

 

Vote:                           6 in favour                 4 Against                   1 Abstentions

 

 

RESOLVED:

 

That Planning Permission be approved with the following conditions:

 

1.   The development hereby permitted must be begun not later than the expiration of four years beginning with the date of this permission.

 

Reason: To take account of the present restrictions on implementing permissions, in order to assist the recovery and in order to comply with the requirements of Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2.   The development hereby permitted shall be completed in accordance with the following approved plans:

 

Dwg No. LDC2987-PL-01A    Received by the LPA on 02/09/2020.

Dwg No. LDC2987-PL-02E    Received by the LPA on 30/06/2021.

Dwg No. LDC2987-PL-03B    Received by the LPA on 02/09/2020.

Dwg No. LDC2987-PL-04      Received by the LPA on 02/09/2020.

Dwg No. J553 01 P7             Received by the LPA on 29/09/2021.

 

Reason: For the avoidance of doubt and the interests of proper planning.

 

3.   No development shall take place until a written scheme of archaeological investigation has been submitted to and approved in writing by the Local Planning Authority.  This scheme should include the following:

 

1.   An assessment of significance and proposed mitigation strategy (i.e. preservation by record, preservation in situ or a mix of these elements).

2.   A methodology and timetable of site investigation and recording

3.   Provision for site analysis

4.   Provision for publication and dissemination of analysis and records

5.   Provision for archive deposition

6.   Nomination of a competent person/organisation to undertake the work

 

The scheme of archaeological investigation must only be undertaken in accordance with the approved details.

 

Reason: To ensure the preparation and implementation of an appropriate scheme of archaeological mitigation in accordance with paragraph 205 of the National Planning Policy Framework.

 

4.   The archaeological site work must be undertaken only in full accordance with the approved written scheme referred to in the above Condition. The applicant will notify the Local Planning Authority of the intention to commence at least fourteen days before the start of archaeological work in order to facilitate adequate monitoring arrangements.  No variation shall take place without prior consent of the Local Planning Authority.

 

Reason: To ensure satisfactory arrangements are made for the recording of possible archaeological remains in accordance with paragraph 205 of the National Planning Policy Framework.

 

5.   A report of the archaeologist’s findings shall be submitted to the Local Planning Authority and the Historic Environment Record Officer at Lincolnshire County Council within 3 months of the works hereby given consent being commenced unless otherwise agreed in writing by the Local Planning Authority; and the condition shall not be discharged until the archive of all archaeological work undertaken hitherto has been deposited with the County Museum Service, or another public depository willing to receive it.

 

Reason: In order to ensure that satisfactory arrangements are made for the investigation, retrieval and recording of any possible archaeological remains on the site and in accordance with paragraph 205 of the National Planning Policy Framework.

 

6.   The surface and foul water drainage schemes for the site shall be carried out in strict accordance with the details shown on Dwg No. J553 01 P7 received by the Local Planning Authority 29th September 2021, and shall be fully implemented before the development is brought into use.

 

Reason: To ensure the development is not at risk of flooding and does not increase the risk of flooding elsewhere.  This condition is imposed in accordance with Policy SP16  of the East Lindsey Local Plan.

 

7.   Before any works are carried out above the damp proof course a schedule of external materials, including samples where requested, to be used in the construction of buildings and hard surfaced areas shall be submitted to and approved in writing by the Local Planning Authority.  The development shall be constructed in accordance with the approved details.

 

Reason: In the interest of preserving/enhancing the appearance and character of the Conservation Area in which the site is located.  This condition is imposed in accordance with Policy SP11 of the East Lindsey Local Plan.

 

8.   The windows and doors utilised in the development hereby permitted shall be of the design and detailing shown on LDC2987-PL-04 received by the Local Planning Authority on 2nd September 2020.

 

Reason: In the interest of preserving/enhancing the significance of the listed building.  This condition is imposed in accordance with Policy SP11 of the East Lindsey Local Plan.

 

9.   Notwithstanding the detail submitted the render utilised in the development hereby permitted shall be K Rend silicone scraped texture in the colour grey.

 

Reason: In the interests of the preservation of the significance of the listed building.  This condition is imposed in accordance with Policy SP11 of the East Lindsey Local Plan.

 

10.Prior to the development hereby permitted first being brought into use details of a screen planting scheme of trees, hedges and/or shrubs on the west boundary of the site including details of positions, heights on planting and species shall be submitted to and approved in writing by the Local Planning Authority.  The scheme so approved shall be carried out in its entirety prior to the development first being brought into use. All trees, hedges and/shrubs shall be maintained by the owner or owners of the land on which they are situated for a minimum of five years beginning with the date of completion of the scheme and during that period all losses shall be made good as and when necessary.

 

Reason: To ensure that appropriate landscaping is provided to integrate the site into the local area.  This condition is imposed in accordance with Policy SP10 of the East Lindsey Local Plan.

 

11.The method of disposal for manure and other waste materials shall be in accordance with the details submitted by the agent by email 29th September 2020 and DWG No. LDC2987-PL-02D received by the Local Planning Authority 29th September 2020 which shows the location of the trailer.  When the trailer is being kept on site for the storage of manure, it should be covered at all times to prevent leakage.  Additionally, there shall be no burning of manure or stable sweepings on the land.

 

Reason: In the interests of the amenity of local residents.  This condition is imposed in accordance with paragraph 185 of the National Planning Policy Framework.

 

12.No external lighting shall be installed on site in connection with the development hereby permitted unless details of such lighting, including design, location, the intensity of illumination and fields of illumination, have been first submitted to, and approved in writing by, the Local Planning Authority. Any external lighting that is installed shall accord with the details so approved.

 

Reason: In the interests of the character and appearance of the development and the visual amenity of the area in which it is set.  This condition is imposed in accordance with Policy SP10 of the East Lindsey Local Plan.

 

13.The barn hereby approved shall only be used for the keeping of horses and no other livestock.

 

Reason: To ensure a satisfactory development in the interests of safeguarding amenity.  This condition is imposed in accordance with Policy SP10 of the East Lindsey Local Plan.

 

14.The stables and manege hereby permitted shall only be used for purposes ancillary to the occupation of the dwelling known as Haiths Farm, Main Road, Covenham St Bartholomew and not used for commercial use whatsoever.

 

Reason: To ensure a satisfactory development in the interests of safeguarding amenity.  This condition is imposed in accordance with Policy SP10 of the East Lindsey Local Plan.

 

15.Prior to the commencement of the development hereby permitted the large sycamore tree positioned nearest the southern boundary of the manege hereby approved and shown to be retained on the approved plans shall be fenced off to the limit of its Root Protection Area in accordance with BS 5837:2012.  The fencing shall consist of a braced scaffold framework of not less than 2m height, with vertical tubes spaced at a maximum interval of 3m and with weldmesh panels securely fixed with wire or scaffold clamps, as outlined in the above British Standard.  No works (including removal or mechanical levelling of earth), storage of materials (including soil), vehicular movements or siting of temporary buildings shall be permitted within the protected area and the fencing shall remain in place for the duration of the construction.

 

Reason: To help ensure that the site integrates into the local area. This condition is imposed in accordance with Policy SP10 of the East Lindsey Local Plan.

 

16.No construction works, nor deliveries in connection with them, shall be carried out on site other than between the hours of 7.30am to 6pm Monday to Friday and between 8am and 2pm on a Saturday and at no time on a Sunday, Bank or Public Holiday.

 

Reason: In the interests of the amenity of local residents.  This condition is imposed in accordance with paragraph 130 of the National Planning Policy Framework.

 

17.The Local Planning Authority has worked with the applicants and their agent in a positive and proactive manner to seek solutions to issues arising during consideration of the application and now considers the proposal is acceptable and there is compliance with the relevant Development Plan Policies and also with the National Planning Policy Framework. 

 

Supporting documents: