PARISH
Tibshelf
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APPLICATION
Change of use from grazing land to the keeping of horses and erection of
4 stables in accordance with revised siting plan received on 11 June
2014
LOCATION
Lane End Farm Chesterfield Road Tibshelf Alfreton
APPLICANT
Miss Jennifer Blasdale
APPLICATION NO. 14/00231/FUL
FILE NO.
CASE OFFICER
Mr Steve Kimberley
DATE RECEIVED 7th May 2014
DELEGATED APPLICATION
__________________________________________________________________________
SITE
The site is a field and wooded area positioned at the rear of the property known as Lane End
Farm. The field is outside of the settlement framework whist the stables are positioned inside
the settlement framework as designated in the adopted Local Plan. The field generally has
boundaries to the north west and north east of hedging, with boundaries closer to the
residential properties of a more domestic nature and post and wire fencing. Closest to the
stables is a boundary composed of six foot high brick wall with timber inset panels. This wall
separates the stables from the residential area.
PROPOSAL
The proposal is for the erection of wooden stables which form an L shape and for the use of
the land for the keeping of horses. The stables are to have a pitched roof with a maximum
height of 10 foot (3m) be 36 foot (11m) long on the longest axis and 24 foot (7.3m) long on
the shorter axis. The stables are positioned 3 foot (0.9m) behind a 1.8m high wall which
separates the land from the residential properties to the north. The stables and land would be
used for the keeping of two horses which are owned by the family. The stables are to be built
of wood with an onduline roof.
AMENDMENTS
Email received on the 11th June relocating the stables, following neighbours comments,
further to the west and further away from facing windows of houses on King Street.
Email received on the 28th May 2014 responding to some of the issues raised by neighbours
HISTORY (if relevant)
None
CONSULTATIONS
Derbyshire County Council Local Highway Authority – No objections subject to proposed use
being restricted to occupants of Lane End Farm with no commercial use. 22/05/2014
Tibshelf Parish Council – No objections subject to proposed use being restricted to occupants
of Lane End Farm with no commercial use. 22.05.14
PUBLICITY
Site notice posted and five neighbouring properties notified.
Representations received from three neighbouring properties objecting to the proposal; for the
following reasons:
a) The stables at ten foot high will have a huge effect on views from nearby residential
properties
b) The loss of a view would devalue nearby properties
c) The erection of the stables will mean the loss of a number of trees which will harm
wildlife.
d) Smell from the horses will be detrimental to the amenity of neighbours
e) Storage of hay and feed will attract vermin
f) The development will create noise issues for adjacent properties
g) No details of waste disposal
POLICY
Bolsover District Local Plan (BDLP)
GEN1 (Minimum requirements for development) GEN2 (Impact of the development on the
Environment) ENV3 (Development in the Countryside)
National Planning Policy Framework: generally supportive of sustainable development. LPA
should seek to negotiate with applicants to make proposals approvable if possible. Need to
balance social, economic and environmental concerns.
ASSESSMENT
There are two elements to the proposal: the keeping of horses on former agricultural land and
the erection of the stables.
It is generally considered that the keeping of horses is acceptable in a countryside location.
The land on which the horses are to be kept is in the countryside. There is no built
development proposed on the land designated as countryside and no changes to the
boundary treatments in this area. It is noted that there are no objections to this part of the
proposal from neighbouring properties. The proposal is considered to meet the requirements
of policy ENV3 (Development in the Countryside) of the adopted Local Plan. The use of land
in the countryside closely allied to a dwelling for horse paddock and grazing is considered
acceptable. For clarity a note can be added making it clear that this land is not considered as
part of the domestic curtilage of the dwelling.
The proposed stables are positioned within the settlement framework of Tibshelf, albeit
adjacent to the boundary. In planning terms this is more acceptable than locating the stables
in areas outside of the settlement framework. The design of the stables is typical of ones used
for stables and the materials are also considered as acceptable.
The original siting of the stables and their use by horses has raised a number of objections
from neighbouring properties which are summarised above. Subsequently the siting has
been amended to address some of the concerns by moving the stable block further
westwards, away from dwellings that look towards the site.
Whilst the concerns are noted regarding the loss of a view this is not normally a material
planning consideration. In any case the stables (in accordance with the revised location) are
positioned to the rear of a 1.8m high fence which will screen the bulk of the stables from the
nearest residential properties. The stables will have a pitched roof and a maximum height of
3.05m. Whilst it is acknowledged that this is higher than the fence which partly screens the
proposal, only 1.25m would be above the fence and a large part of this would be the onduline
roof receding from the fence line. For this reason the stables are not considered to have a
significant impact on the visual amenity of the area.
Lane End Farm is a former farmhouse which used to be associated with the breeding of pigs
and the adjacent land. A part of the land used for this purpose has since been developed for a
small residential estate of six houses. Whilst the agricultural use appears to have stopped
before the farmhouse was last sold, it is accepted that this is its last use and could
recommence with pigs without requiring planning permission.
Nearby properties have raised objections regarding potential issues of noise impacts,
unpleasant odours and increased vermin. It is noted that whilst the description states 4
stables the plans and design and access statement show clearly that only two horses are to
be stabled, a third stable is to be used as a tack and feed room and the fourth is a gateway
stable not providing any accommodation. Environmental Health have been consulted on the
proposals and whilst no written comments have been received from them a telephone
conversation confirmed that conditions are not normally imposed unless the proposal is more
akin to a commercial operation in scale.
Whilst the concerns of the neighbours are noted, the noise generated by two or three horses
is not considered to be any different to the noise dogs or other animals may create and would
not be significant.
The site will generate some waste manure and this would need to be dealt with by the
applicant appropriately. However it is a matter which is controlled by Environmental Health
and is dealt with by many sites which have horses. It is not considered reasonable to refuse
the application on this issue, though a note can be added suggesting that the applicant
contacts Environmental Health for advice on best practice when dealing with manure.
The applicant has confirmed that they will want to reduce vermin as much as possible. It is a
site on the edge of the countryside and there will already be vermin on site. Most feeds will be
in a secure storage on site in protected containers and it is not considered that the proposal
will create such a vermin problem as to warrant a refusal. (The use is certainly no more likely
to create a vermin problem than say the keeping of chickens or similar activity).
Neighbours have also raised concerns over the impact on wildlife and the trees. It is noted at
the time of the site visit that some trees have already been cleared from close to the brick and
timber wall though there is no agreement as to who did this work. The re-sited location of the
stables is likely to require the removal of three trees. Two appear to be self sets which are
spindly and of poor form. The third is a large species though the applicant has stated that they
wish to retain this tree. This third tree is multi trunked and of relatively poor form and not
worthy of a tree preservation order. The stables themselves are in a larger woodland area
and the chosen site will have a minimal impact on the overall area of woodland and
consequently a limited impact on biodiversity issues. The trees to be removed are not of a
form which is likely to support bat roosts and the more mature trees on site are generally
closer to the main dwelling. Consideration was given to a re-siting further from the fence
closer to the northern boundary but this would have meant a greater loss of trees and siting
over a culverted drain which may have caused other issues.
Overall the proposal is considered to have a minimal impact on biodiversity issues and trees
and is acceptable in this regard. A note can be added reminding the applicant to accord with
wildlife protection legislation.
Other Matters
The Highway Authority has no objections to the proposal provided that the stables are for the
use of the occupier of Lane End Farm only. It is accepted that a business or livery use would
not be acceptable due to the access and potential effect on nearby residential amenity. The
application does not specifically state that the use is for the occupier only but the design and
access statement does state that the use is for private family equestrian purposes only and
there is no intention to develop the site for a commercial equestrian or livery business. For
clarity it is considered that a condition should be imposed to ensure that no business or livery
use may be carried out without a further approval.
A representation was concerned over the potential devaluation of their property due to the
loss of a view. The potential devaluation is not a material planning consideration and cannot
be taken into account in determining the application.
Listed Building:
n/a
Conservation Area:
n/a
Crime and Disorder:
Siting of the stables closer to existing
properties and the main dwelling will help prevent potential anti social behaviour issues.
Equalities:
no known issues
Access for Disabled:
no known issues
Trees (Preservation and Planting):
see above report
SSSI Impacts:
n/a
Biodiversity:
see above report
Human Rights:
no known issues
RECOMMENDATION
1) A101
2) The use of the stables, implement/feed store and paddock area shall at all times be for
equestrian purposes by the family of the occupiers of Lane End Farm only and no
trade or business use shall be carried out from the development hereby approved.
Reasons.
1) Y101
2) Y135 – GEN2 (Impact of the development on the Environment)
Notes.
1) The approval of this application does not grant or imply any extension of the domestic
curtilage of Lane End Farm for the purposes of the Town and Country Planning
General Permitted Development Order.
2) The applicant should contact Environmental Health who can advise on best practice
when dealing with Manure Management.
3) Note re breeding birds.
__________________________________________________________________________
Officer
S Kimberley
Endorsing Officer
T Ball
Determining Officer
C Doy
Date
27/06/2014
Date 01/01/04
(refusals/objections/
referrals to 3rd officer)
Date 1/7/14