Reference number: R13/1421

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/PConstruction of ménage, ancillary stables, car Approved 19.10.05

park, new vehicular access and associated

works.

R10/1127Erection of a general purpose storage buildingWithdrawn 01.09.10

and 3no. attached isolation loose boxes, and

retention of a vehicular access track.

R10/1644Retention and completion of an access trackApproved 27.10.10

Consultee Correspondence;

RBC Environmental HealthNo objection

Environment AgencyNo objectionRequest a condition

WCC EcologyNo objectionRequest a tree protection condition and

informatives

Third Party Correspondence;

Wolston ParishObjectOn the grounds of insufficient information having been

Councilsubmitted; 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)ObjectOn 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)SupportAre 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 CS1Development Strategy

RBCS Policy CS16Sustainable 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 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 Redford2nd January 2014

DRAFT DECISION

APPLICATION NUMBER
R13/1421 / DATE VALID
06/08/2013
ADDRESS OF DEVELOPMENT
YARDLEYS MEADOW
STRETTON ROAD
WOLSTON / APPLICANT/AGENT
Mrs Debra Archer
Bowie Lockwood Structures Ltd
Coombe Abbey Farm
Coombe Fields Road
Ansty
Coventry
Warwickshire
CV3 2AB
On behalf of Mr P Wilson

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.

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.

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.

Report Sheet