Date of Meeting: 17th October 2007
Parish/Ward: Bray Parish
Reference No:
07/02190/FULL
Full
Agenda No. 4
Proposal:
Construction of an all weather exercise track
Location:
Applicant:
Fifield House Farm Oakley Green Road Oakley Green Windsor
SL4 4QF
Tony Bennett
Agent:
Not applicable
Date Received:
14th August 2007
Case Officer:
Peter Carey
Member Call-in:
Recommendation:
PERM
Date of Expiry: 13 November 2007
Planning Context:
Green Belt
Sustainable Development Implications:
Covered in report
LIST OF BACKGROUND PAPERS:
1.
Main Relevant Policies
Local Plan – GB1, GB2, GB6, R14
Structure Plan (2001-2016) – DP3
2.
Previous Relevant Decisions
410735
415045
415799
415800
417022
419387
424262
424263
EN27
426473
03/40665
04/01284
03/41202
04/41319
04/41850
05/00165
05/00791
05/01741
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Change of use of barn for stabling show horses
A28.04.1980
Change of use to livery stables/hay barn
A27.07.1983
Outline for permanent grooms’ quarters
A27.11.1984
2m high horse-proof fence along road boundary
A19.03.1984
Residential unit for grooms
A11.11.1985
Siting of mobile home
A03.04.1987
Change of use from stables to Office (B1)
R13.12.1990
Use of barn for repair and maintenance of forklift
trucks and agricultural machinery
R13.12.1990
Appeal against enforcement notices requiring
cessation of use as commercial office, sales and
storage
Dismissed 02.09.1992
Change of use of barns to indoor riding area
R22.02.1993
Extension to hard standing for feeding of horses
(retrospective)
A11.12.2003
Change of use of part of existing barn
to a saddlery and repair workshop
A07.12.2004
Importation of up to 43,000 cubic metres of
soil to create a polo practice pitch with new
access to Fifield Road
Allowed 23.03.2005
Formation of extension to existing all weather horse
arena, with 1.5m post and rail fencing with 8 (no.)
5 metre high pole mounted lights
Allowed 01.12.2004
Formation of extension to existing all weather
horse arena, with 1.5m post and rail fencing
A10.06.2004
Erection of an agricultural storage building
A19.04.2005
Erection of 25 stables with tack rooms (retrospective) A07.07.2005
Alterations to part of main barn to create club house
with bar and sitting area (Retrospective application)
WDN
18.10.2005
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05/02223 Construction of a timber barn to provide24 stables
and 2 tack rooms together with formation of two
paddocks, with access track, all-weather exercise
track, gates and fencing
05/02812 Construction of a two-storey extension to provide
store, WC, bar and sitting accommodation
(retrospective)
06/00096 Construction of a timber barn to provide 24 stables
and 2 tack rooms together with formation of two
paddocks with access track, all-weather exercise
track, gates and fencing
06/02630 Formation of additional floorspace at first floor for
use as kitchen/restaurant (A3) in association with
existing first floor bar area.
30.01.2007
06/02632 Formation of hardstanding for horseboxes and
spectators vehicles
06/02773 Construction of an all weather exercise track
30.01.2007
07/00668 Construction of an all weather exercise track
3.
R13.12.2005
A11.05.2006
A11.05.2006
WDN
16.02.2007
WDN
R 12.06.2007
The Highway Authority (Rights of Way Officer)
No objections, subject to conditions.
4.
Neighbour Notification Responses
29 neighbouring and nearby properties consulted; 1 reply received
raising concerns relating to (a) need for adequate space for undefined
public footpath, which gets impassable when wet in winter, (b)
inappropriate to engineer track on agricultural land in Green Belt, and (c)
additional fencing would change character of site.
5.
Bray Parish Council
No objection
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Berkshire Archaeology
Site is in area with archaeological potential. Proposal only involves
removal of 300mm of topsoil, but in view of rolling topography of the site
natural base may be less than 300mm below surface. Condition and
informative supplied.
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Ramblers Association
Report existing problems with the footpath, some alleged to result from
works associated with the formation of the practice polo pitch.
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Tree Officer
No objection, subject to conditions supplied.
REMARKS
This application is brought to Panel as it is an amendment to a proposal
previously refused by Panel
The Site
1.
PVWRCM
The application site is part of the Fifield House Farm livery establishment
for polo and other horses and ponies. The application relates to a 2.56
2
hectare field on the north side of the holding over 250 metres from the
nearest residential properties in Meadow Way and Fifield Road, and over
300 metres from those in Oakley Green Road. Public Footpath 52 Bray
runs east west along the southern side of the field. The site excludes the
field immediately to the east, which was included in the previous,
withdrawn application.
The Proposal
2.
It is proposed to install a 6-metre wide all-weather exercise track around
the perimeter of the field positioned 2 metres away from the public
footpath. This would involve removing 300mm of topsoil and its
replacement with a granular all-weather material to form the running
surface. The track would be enclosed by a 1.2m high fence and 1m
wide hedge to separate it from the footpath. The proposal replaces that
for a similar, but shorter track on the field adjacent to the Cricket Club in
Oakley Green Road (06/00096). Fuller details of the proposal are
included in the submitted Design and Access Statement.
Main Planning Issues
3.
The main planning issues are:
(i)
The appropriateness of the development in the context of
policies for controlling development in the Green Belt;
(ii)
The impact on public footpath; and
iii)
Archaeological implications
Appraisal of Main Planning Issues
(i)
4.
Structure Plan Policy DP3 and Local Plan Policy GB1 set out the forms
of development that are appropriate in the Green Belt. These include
“essential facilities for outdoor sport and recreation … and for other uses
of land which preserve the openness of the Green Belt and do not
conflict with the purposes of including land in it”. Local Plan Policy GB6
sets down five criteria to be met by proposals for new or enlarged
equestrian establishments: 1)
2)
3)
4)
5)
5.
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Green Belt
There should be sufficient existing residential accommodation
on the site to meet the needs of the proposal; and
The proposal must not result in a harmful proliferation of
commercial equestrian establishments within an area; and
The Borough Council has to be satisfied that the proposal would
not create an unacceptable traffic hazard; and
There should be suitable bridleways and other riding land
available for exercising horses off the public highway; and
There should be no conflict with Policy GB2.
The property is an existing equestrian establishment specialising in
polo-related activities, specifically livery, with implemented permissions
for a polo practice pitch (granted on appeal) and an all-weather arena,
both for private and domestic use only. The holding includes land for
grazing and stabling for about 60 horses. There is existing residential
accommodation on site. The proposal is intended as an alternative to
that already approved under application 06/00096 which, from the
applicant’s point of view, is less attractive as it would be too small in
extent to work the polo ponies fully and it would be too close to the busy
Oakley Green Road. While it would still be open to the applicant to
implement that track, his stated intention being to use the site for
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grazing only, it would not raise any additional planning issues, provided
the total level of activity on the site remained similar. No new
equestrian use is involved, as the intention is to use it solely for horses
already based at Fifield House Farm, so the proposal would not result in
a proliferation of commercial equestrian establishments in the area.
Consequently it would not result in an increase in traffic to the site. The
holding provides ample off-road space for exercising horses, with no
need for on-road exercising. It is therefore considered that the proposal
meets Policy GB6 criteria 1, 2, 3 and 4.
6.
To satisfy Policy GB2 (GB6 criterion 5), the proposal must not:
a)
b)
7.
The physical aspect of the works is not significant in Green Belt terms,
amounting to the change of about 13% of the surface of the field from
grass to all-weather surfacing. The proposed material would be
granular in texture, allowing water to percolate through to new land
drains. Being derived from wood chip it would be biodegradable, and
need to be renewed from time to time. Subject to a condition requiring
a sample or specification to be submitted for approval before
development is started, it is not considered that it would be a type of
material that would have a harmful impact on the character of the
countryside. Located on the north side of the holding and within a field
bounded by existing hedges, it is considered that, with conditions to
ensure that existing boundary hedges and trees are adequately
protected and the proposed perimeter hedging is adequately planted
maintained, it would not have a harmful impact on the openness of the
Green Belt or conflict with any of the purposes of including land within
the Green Belt. It is therefore considered that criterion 5 of Policy GB6
would also be met.
(ii)
8.
PVWRCM
Have a greater impact on the openness of the Green Belt or the
purposes of including land in it than an existing development on
the site;
Harm the character of the countryside because of:
1) the scale, siting or design of the development or the
materials employed; or
2) a material intensification in the level of activity on the site; or
3) a material increase in the scale of development on the site;
or
4) the permanent loss of Grade 1, 2 or 3a agricultural land or of
woodlands; or
5) harm to residential amenities in the locality; or
6) conflict with any other policies of the plan.
Impact on public footpath.
The Public Rights of Way Officer advises that provided the distance
between the exercise track is at least two metres, as proposed, the
likelihood of walkers being intimidated by exercising horses would be
minimised. The plans indicate that land drainage pipes will be laid
between the track and the field boundary ditches. This should ensure
that the construction of the track does not exacerbate problems caused
by existing poor drainage of the site. Details of the proposed
improvement to the ditches could be secured by condition. The gate at
the eastern end of the field will be removed, which should improve
conditions for walkers crossing between the two fields. Members’
previous concerns about the safety of footpath users are addressed by
the inclusion of the perimeter fence and hedging.
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9.
Issues previously raised by the Ramblers Association are not related to
this planning application. The Public Rights of Way Officer advises that
they are controllable under other legislative powers available to the
Council, including the Highways Act 1980 and the 1990 Environmental
Protection Act.
(iii)
10.
Archaeological implications
Berkshire Archaeology advises that the site is located in an area of high
archaeological potential. A condition is recommended to ensure that if
any items of interest are revealed in the course of the works to lay the
track they are properly recorded.
Conclusions
11.
Subject to the imposition of appropriate conditions, including conditions
to provide appropriate protection for existing trees and hedgerows, it is
considered that the proposal the subject of this application could be
approved in accordance with development plan policy and without undue
risk of danger or disturbance to users of the public footpath.
RECOMMENDATION
That planning permission be granted subject
to the following conditions:
Conditions and Reasons
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The development hereby permitted shall be commenced within three years from the
date of this permission.
Reason: To accord with the provisions of Section 91 of the Town and Country
Planning Act 1990.
The southern edge of the exercise track is to be constructed no closer than 2 metres
from the northern edge of Footpath 52 Bray, and a 1.2 m. high post-and-rail fence is
to be erected along the entire length of the southern edge of the track where it abuts
the Footpath.
Reason: To ensure that walkers are not intimidated or endangered by exercising
horses - ensuring protection of the public rights of way network in accordance with
Local Plan Policy R14.
Prior to any equipment, materials, site huts being brought onto site or
commencement of any works in connection with the planning permission, including
demolition, details of fence protection in accordance with British Standard 5837:2005
for the retained trees indicated on the approved plans must be submitted to and
approved in writing by the Local Planning Authority (LPA). This must be retained and
maintained in good working order throughout the duration of the construction until
completion.
No materials, spoil, equipment or machinery are to placed or stored within the root
protection areas (RPA) or ground protection areas unless otherwise agreed in writing
by the LPA. No excavations or changes in ground levels shall occur within the root
protection areas.
Reason: To protect trees which contribute to the visual amenities of the site and
surrounding area. Relevant policies - Local Plan DG1, N6 and IMP1.
A method statement detailing the sequence of works to install all the new drainage
runs. Any work within the RPA of the retained trees must be undertaken by hand.
Reason: To protect trees which contribute to the visual amenities of the site and
surrounding area. Relevant policies - Local Plan DG1, N6 and IMP1.
A plan indicating details of all soft and hard landscaping to be submitted to and
approved in writing by the LPA. Any landscaping and associated ground preparation
within the minimum root protection areas of the retained shown on the approved
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plans shall be undertaken by hand. The use of machinery is prohibited within these
areas.
If within a period of 5 years from the date of the planting of any tree, or any tree
planted in replacement for it, is removed, uprooted or destroyed or dies, [or becomes,
in the opinion of the local planning authority, seriously damaged or defective,] another
tree of the same species and size as that originally planted shall be planted at the
same place, unless the local planning authority gives its written consent to any
variation. If any retained tree is removed, uprooted or destroyed or dies, another tree
shall be planted at the same place and that tree shall be of such size and species,
and shall be planted at such time, as may be specified in writing by the local planning
authority.
Reason: To protect trees which contribute to the visual amenities of the site and
surrounding area. Relevant policies - Local Plan DG1, N6 and IMP1.
No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree
be topped or lopped other than in accordance with the approved plans and
particulars, without the written approval of the local planning authority. Any topping or
lopping approved shall be carried out in accordance with British Standard [3998 (Tree
Work)].
Reason: To protect trees which contribute to the visual amenities of the site and
surrounding area. Relevant policies - Local Plan DG1, N6 and IMP1.
No development shall take place until a sample and/or a specification of the material
to be used on the track has been submitted to and approved in writing by the Local
Planning Authority and the development shall thereafter be implemented using the
approved material.
Reason: In the interests of the visual amenities and rural character of the area.
Relevant Policies - Local Plan GB2, DG1.
Before any part of this development is commenced, details of the proposed works to
improve the drainage (including plans showing the precise location of all drainage
runs) shall be submitted to and approved in writing by the Local Planning Authority.
Unless otherwise agreed in writing by the Local Planning Authority, all approved
drainage works shall be completed before first use of the track for exercising horses.
Reason: To ensure, given the topography and nature of the site, that the proposed
development would not aggravate any water logging of Public Footpath Bray 52 and
that the installation of drainage runs would not be harmful to the roots of trees and
hedges on and adjacent to the site. Relevant Policies - Local Plan R14, N6 and N7.
No development shall take place within the application area until the applicant has
secured the implementation of a programme of archaeological work in accordance
with a written scheme of investigation, which has been submitted by the applicant and
approved by the Planning Authority.
Reason: The site is within an area of archaeological potential, specifically relating to
Medieval remains. A limited programme of works is required to mitigate the impact of
development and ensure preservation "by record" of any surviving remains.
The development hereby permitted shall be used solely for the exercise of horses
stabled at Fifield House Farm, including those at livery, and for no other equestrianrelated or other commercial purposes.
Reason: To prevent harm to the rural character of the countryside arising from any
material intensification of activity on the site. Relevant Policies - Policies GB2 and
GB6 of the Royal Borough of Windsor and Maidenhead Local Plan (Incorporating
Alterations adopted June 2003).
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