8.12/0467/FUL - Variation of condition 8 of planning permission 11/1018/FUL (condition 3 of 08/2240/FUL): to allow 20 events (of the approved 57 events) to be held each year from the marquee rather than the refurbished Tithe Barn for a temporary period of 2 years at TITHE BARN, MICKLEFIELD HALL, SARRATT ROAD, SARRATT, HERTS, WD3 6AQ

(DCES)

Parish: Sarratt / Ward: Sarratt
Expiry Statutory Period: 14 May 2012 / Officer: Mrs K. Rowley

This application has been presented to Committee at the request of the Director of Community and Environmental Services having regard to the extensive site history.

1.Relevant Planning History

1.1Micklefield Hall is a large listed dwellinghouse with an adjacent listed barn, a listed stable block and a large complex of redundant farm buildings, together with extensive farmland lying in attractive countryside to the north of Loudwater in the Parish of Sarratt.

1.2A garage building close to the main house was converted into a dwelling under a 1998 planning permission 98/163.

1.3In August 2000 an informal plan was submitted to the Council illustrating various existing and future developments at this site.

1.4Planning permission was granted in October 2000 for conversion of one of the agricultural buildings known as ‘The Smithy’ into a dwelling (00/640 and 00/641LBC). Planning permission was also granted in October 2000 for conversion of a dwelling, within the complex of farm buildings, into two dwellings (00/731 and 00/753LBC). Planning permission 00/1609 and Listed Building Consent 00/1611 were granted in March 2001 for conversion of a brick agricultural building known as ‘The Old Dairy’ into a dwelling.

1.5In March 2001 the Development Control Committee, now the Planning Committee, expressed a wish to see a more comprehensive assessment of the complex of unused farm buildings. The March 2001 Development Control Committee minute stated “Members agreed upon the need to ascertain the collective situation and the effect on Sarratt as a whole. Accordingly, it was agreed that copies of a design brief should be circulated to Members of the Committee and a report submitted to the Executive Committee seeking approval for a planning brief to be referred to this Committee”. The Committee resolution was “that a report be presented to the Executive Committee seeking approval for a planning brief for this site to be referred to the Development Control Committee”.

1.6A planning brief was prepared in October 2001 and presented to the Development Control Committee. Following a site visit Members required amendments to the brief.

1.7In the meantime, in May 2001, six further full and listed building applications were submitted for the site for use of three of the unused agricultural buildings. They were:

01/690/FUL and 01/841LBC – Change of use of redundant cattle shed to carpenter’s workshop. Applications withdrawn.

01/691/FUL and 01/842LBC – Change of use of barn to storage and distribution. Applications withdrawn.

01/692/FUL – Change of use of old, redundant, timber-clad cricket pavilion into offices. Application refused in February 2006 but allowed on appeal in June 2007.

01/683LBC – Listed Building Consent: Refurbishment and installation of WC in old pavilion. Approved in March 2006.

1.8In terms of the planning brief and request for amendments there were ongoing discussions and correspondence with the applicant over future uses at the site, particularly with regard to a comprehensive proposal for the whole site.

1.9In 2004 an application was received (04/1774/FUL) for the demolition of two existing redundant farm buildings and erection of new oak framed function room for commercial and social functions with associated parking and landscaping. This application was refused in March 2006.

1.10Following this refusal the applicant returned to looking at future uses of the listed Tithe Barn. The barn was falling into disrepair and works were needed to prevent this deterioration continuing. Applications 08/1175/FUL & 08/1176/LBC were received in June 2008 for the conversion of existing Grade II Listed Barn from agricultural use to use as an events and function venue, including internal and external alterations, new glazed lobby area and associated landscaping and parking area. Both applications were withdrawn in August 2008.

1.11Following continuing concern regarding the deterioration of the Tithe barn an application was submitted to replace the roof of the Tithe barn in order to make the barn weatherproof (08/2036/LBC). Approved February 2009.

1.1208/2240/FUL - Conversion of existing Grade II Listed Barn from agricultural use to use as an events and function venue with internal and external alterations and associated landscaping and parking area. This application was refused in February 2009 for the following reason:

The proposed development would lead to an intensification of activities at the site with a resulting increase in traffic movement on the local road network throughout the year to the detriment of highway safety. Any highway improvements to increase capacity and safety would be at the expense of changing the rural character of the area. In addition, the site is not accessible by alternative modes of transport and as such the proposal is contrary to the policies and objectives set out in Government guidance PPG13 Transport, the County Council's Local Road Policy as set out in the Local Transport Plan and Policy T7 of the Three Rivers Local Plan 1996-2011.

A subsequent appeal was allowed in August 2009.

1.1308/2241/LBC - Listed Building Consent: Conversion of existing Grade II Listed Barn from agricultural use to use as an events and function venue including internal and external alterations and associated landscaping and parking area - Permitted in February 2009.

1.1410/0232/FUL - Permitted Development Notice Agriculture: Replacement agricultural building. Approved March 2010 and implemented.

1.1511/1018/FUL and 11/1019/LBC – Amendment to planning decision 08/2240/FUL (approved on appeal - Conversion of existing Grade II Listed Barn from agricultural use to use as an events and function venue including internal and external alterations and associated landscaping and parking area) to include amended internal layout, external wall treatment, landscaping and external works. Approved and works commenced. There have been a number of discharge of conditions applications relating to these consents.

1.1612/0784/NMA and 12/0785/NMA - Non Material Amendment to planning permission 11/1018/FUL: Increase in height of new garage building, with introduction of storage space at first floor level, insertion of first floor windows in the side gables and extension of the covered walkway within the courtyard. Pending consideration.

1.1712/0792/PDNA - Permitted Development Notice Agriculture: Steel Portal Framed Building. Pending consideration.

2.Detailed Description of Proposed Development

2.1The Micklefield Hall site comprises a large group of buildings consisting of the main house, associated domestic buildings and a number of residential and agricultural buildings. Micklefield Hall, the main building and residence is a Grade 2 listed building. The Tithe Barn is sited approximately 25m to the south west of Micklefield Hall and is also a Grade 2 listed building. The farm buildings consist of a range of modern and updated farm buildings, many of which appear to be in non-farming uses (which will be subject of a enforcement investigation). Some of the smaller buildings are used for general estate maintenance facilities. The site is within the Metropolitan Green Belt.

2.2The English Heritage listing for the building confirms the barn is a 17th century barn. It is a timber frame on brick base, weatherboarded with a half hipped tile roof. Applications 11/1018/FUL and 11/1019/LBC for the conversion of this barn to an events and function venue are currently being implemented on site. The external elevations are nearing completion.

2.3When consent was granted for the conversion of the Tithe Barn a condition was imposed to remove permitted development rights for temporary uses on the estate (Schedule 2, Part 4, Class B). This condition also removed the ability to erect on the land any moveable structure for the purposes of the temporary use. This condition read:

Immediately following the completion of the Tithe Barn and prior to its first use for an event/function, notwithstanding the provisions of The Town and Country Planning (General Permitted Development) Order 1995 (or any other order revoking and re-enacting that order with or without modification) the following Classes of Schedule 2 of the Order are withdrawn: Part 4, Class B: The use of the land for any purpose for not more than 28 days in total in any calendar year, of which not more than 14 days in total may be for the purposes referred to in the Class, and the provision on the land of any moveable structure for the purposes of the permitted use. No development of the above class shall be carried out or placed on any part of the land the subject of this permission or within the applicant's control (as detailed on submitted plan 805506/07).

Reason: In the interests of the character and appearance of the Metropolitan Green Belt, in the interests of residential amenities and in the interests of highway safety and convenience in accordance with Policies GB1 and T7 of the Three Rivers Local Plan 1996-2011 and Policies CP1 and CP11 of the Core Strategy Submission Version (February 2011).

As such, following completion of the Tithe Barn and prior to its first use for an event/function no temporary uses can take place across the Estate and no moveable structures, such as a marquee, can be erected on the land in conjunction with these uses.

2.4This condition repeated that imposed by the Inspector on the earlier appeal consent for application 08/2240/FUL.

2.5The applicant seeks to vary this condition to allow 20 events (of the approved 57 events) to be held each year in the marquee rather than the refurbished Tithe Barn for a temporary period of 2 years. They seek to amend the condition to read:

Immediately following the completion of the Tithe Barn and prior to its first use for an event/function, notwithstanding the provisions of The Town and Country Planning (General Permitted Development) Order 1995 (or any other order revoking and re-enacting that order with or without modification) the following Classes of Schedule 2 of the Order are amended as follows: Part 4, Class B: The use of the land for any purpose for not more than 20 days in total in any calendar year, of which not more than 14 days in total may be for the purposes referred to in the Class, and the provision on the land of any moveable structure for the purposes of the permitted use. 24 months after completion of the Tithe Barn and following its first use for a function Part 4, Class B is withdrawn altogether and no development of the above class shall be carried out or placed on any part of the land the subject of this permission or within the applicant's control (as detailed on submitted plan 805506/07).

2.6Essentially this variation is sought to allow the applicant to continue to utilise his current permitted development rights to erect a temporary marquee on site, as is currently the situation between April – October each year, following completion of and prior to first use of the Tithe Barn for an event/function. This variation is sought for a 2 year temporary period and in intended to allow a maximum of 20 of the approved 57 events to take place in the temporary marquee. All other conditions would remain, for example a limit on guest/visitor numbers to 200 people (condition 5 of planning permission 11/1018/FUL).

2.7In support of the application the agent has stated, “the proposal seeks to enable The Micklefield Partnership to continue to take bookings for larger weddings whilst continuing to build up the business in the converted Tithe Barn which will hold a significantly reduced number of guests in comparison to the marquee”. However, the applicant’s agent has been reminded there is a limit of 200 guest numbers wherever the function/event is held.

2.8The application has been accompanied by a planning statement, a transport statement and a noise report.

3.Consultation

3.1.1Council’s Conservation Officer – Saved Local Plan Policy C9 seeks to ensure that development does not adversely affect the character of a ListedBuilding. This is entirely consistent with the objective of the NPPF to prevent significant harm to Listed Buildings. Weight cantherefore be given to Saved Local Plan Policy C9 in accordance with paragraph 215 of the NPPF. The use of the marquee to hold 20 events per calendar year for a period of 24 months would have no significant adverse effect on the character of the Grade II Listed Buildings of The Hall, farmhouse and attached barn and Tithe Barn. The proposal seeks to achieve a transition period whereby the marquee would hold events in order to ensure the viability of the site as a whole. It is the objective of the NPPF to ensure that the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses is consistent with their conservation. Furthermore, it is important to consider the wider economic benefits that conservation can bring and the opportunities to ensure the viability of the Tithe Barn and commercial activities, whilst maintaining the site's heritage assets. The proposal would support the estate's activities and seek to preserve the long-term positive heritage contribution of the Grade II Listed Tithe Barn.

Therefore, it is considered that the proposal would not adversely affect the character of the Grade II Listed Buildings at this site and no objections are held.

3.1.2Environmental Health Officer – Providing the acoustic measures (of the marquee) are maintained I do not have any objections.

Further added following discussions, when the application was received I did not have any objections provided all the current acoustic measures were still retained for the marquee. What I did not appreciate re the application was the fact that, if consent was given it could result in events involving music being carried out in the grounds and not necessarily within the marquee with all the measures in place. Any event that was held either in the grounds or in a different marquee (i.e. not the existing marquee with the acoustic measures) would not be acceptable as would cause a noise nuisance to neighbours in Bridle Lane as there would be uninterrupted and unattenuated spread of noise. This could ultimately result in a noise abatement notice being served prohibiting such an activity.

3.1.3Hertfordshire Highways – comments awaited.

3.1.4Sarratt Parish Council – no objection.

3.2Site/Press Notice

3.2.1Both.

3.3Neighbourhood

3.3.1Number consulted: 118

Number of responses: 19

4.Summary of Representations

4.1Application breaches the conditions set out in the appeal decision whereby the Inspector endeavoured to protect the interests and quality of life of local residents; oppose the use of the marquee temporary or not; contrary to original approved conditions; affected by the noise pollution as a result of events held at the site; noise from events has been unbearable even with closed windows; a further 2 years of noise will adversely affect the quiet enjoyment of the residents of the Estate; were keen to support the conversion of Tithe Barn as greater noise control would be provided, following this conversion there can be no justification in allowing events to continue in the marquee as to do so would cause much inconvenience to residents; there is considerable noise pollution when the marquee is in use; the orientation of the marquee directs all noise in the direction of Bridle Lane; unable to enjoy the peace and quiet of our house; residents were given assurances the refurbished Tithe Barn would be adequately sound-proofed, however, a temporary marquee can never hope to contain noise in the same fashion; approval would affect our quality of life; need to protect residents of furthering of commercial interests; selected area to live due to its tranquillity and as part of the Loudwater Conservation Area; adversely affects Conservation Area; overdevelopment; Micklefield Hall’s activities are totally alien; residents need to return to the quiet enjoyment of the their surroundings; concern that if a period of 2 years is allowed a further extension may be permitted in the future; additional traffic.

5.Reason for Delay

5.1Committee cycle.

6.Relevant District Plan Provision

6.1The Three Rivers Local Development Framework – The Core Strategy was adopted on the 17 October 2011 having been through a full public participation process and Examination in Public.

6.2The relevant Polices are:

CP1 ‘Overarching Policy on Sustainable Development’ states that all development in Three Rivers will be expected to contribute to the sustainability of the District. This means taking into the account the need to (for example):

f) Protect and enhance our natural, built and historic environments from inappropriate development and improve the diversity of wildlife and habitats.

Policy CP10 ‘Transport and Travel’ advises (for example) that all developments should be designed and located to minimise the impacts of travel by motor vehicle on the DistrictPolicy CP10 details the transport aspects of development

CP9 concerns Green Infrastructure and Ecology

Policy CP11 ‘Green Belts’ advises that there will be a general presumption against inappropriate development that would not preserve the openness of the Green Belt, or which would conflict with the purpose of including land within it.

Policy CP12 ‘Design of Development’ advises that in seeking a high standard of design, the Council will expect all development proposals to (for example):

a) Have regard to the local context and conserve or enhance the character, amenities and quality of an area.

b) Conserve and enhance natural and heritage assets.

l) Ensure the development is adequately landscaped and is designed to retain, enhance or improve important existing natural features…

n) Ensure that places, spaces and buildings are accessible to all potential users, including those with mobility difficulties.

6.3Three Rivers Local Plan 1996-2011 – The Three Rivers Local Plan 1996-2011 was adopted in July 2001 having been through a full public participation process and a Public Inquiry. Notwithstanding the adoption of the Core Strategy on 17 October 2011, the following Local Plan Policies remain Saved and are therefore applicable:

N1, N3, N13, GB1, C7, C8, C14, T7, T8 and SPD ‘Parking at New Developments.’

6.4SPGs/SPDs: The Sustainable Communities SPD was adopted December 2007; Supplementary Planning Guidance – Parking at New Developments March 2002; Supplementary Planning Guidance – Cycling Strategy (2003).