DEVELOPMENT CONTROL COMMITTEE – 16 FEBRUARY 2012
APPLICATION NO DC/11/1349/FUL
LOCATION
Brambles Drift
Green Lane
Reydon
Southwold
Suffolk
IP18 6PD
11
EXPIRY DATE
4 April 2012
APPLICATION TYPE
Full Application
APPLICANT
Mr & Mrs J Doy
PARISH
Reydon
PROPOSAL
Change of use from paddocks to livery yard, extensions to existing stables
and provision of car parking area
DO NOT SCALE
Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s
Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may
lead to prosecution or civil proceedings.
SUMMARY
1.1
The site is currently used as private paddock land. The application proposes the change of
use of this land from private paddocks to a livery yard. The main considerations will be the
impact of the proposal on the surrounding landscape and the intensification of the access
on highway safety.
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1.2
The application comes to committee as it is a classed as a major application being over a
hectare in area.
SITE DESCRIPTION
2.1
The site is situated at the corner of Green Lane and Wangford Road, within an Area of
Outstanding Natural Beauty (AONB). The boundaries to the site are made up of native
species hedging; there is a public footpath along the northern boundary. The western and
southern boundaries border onto the adjacent highway. The existing paddocks are
demarcated by post and tape boundaries.
PROPOSAL
3.1
The development proposed consists of extensions to the existing stables and the provision
of a car parking area in order to facilitate the change of use from private paddocks to a
livery yard. It is proposed to upgrade the existing access to the site and provide further
landscaping to minimise the impact of the proposal on the surrounding landscape
CONSULTATIONS/COMMENTS
4.1
Neighbour consultation/representations: 1 letter has been received, providing
comments on the suitability of the land for the number of horses suggested rather than the
principle of the proposal.
4.2
Parish Council Comments: Approve
Consultees
4.3
Suffolk County - Rights Of Way: Thank you for your consultation dated 6 January 2012;
we have no objections to the application but would make the following comments in
respect of public rights of way. Public Footpath No. 17 is adjacent to the development site
but does not appear to be directly affected by it. However the following points should be
taken into account.
1. There must be no interference with the surface of the right of way as a result of the
development.
2. The right of way must be kept clear and unobstructed for users and no structures placed
upon the right of way.
3. Any damage to the surface of the route as a result of the development must be made
good by the applicant.
4. The Highways Authority is not responsible for maintenance and repair of the route
beyond the wear and tear of normal use for its status (i.e. footpath, bridleway, restricted
byway etc) and it will seek to recover the costs of any such damage that it has to
remedy.
5. This office must approve any proposed works to the surface of the route(s).
6. The applicant should have private rights to take motorised vehicles over the public right
of way. Without lawful authority it is an offence under the Road Traffic Act 1988 to take a
motorised vehicle over a public right of way other than a byway. We do not keep records
of private rights.
7. If the public right of way is temporarily affected by works which will require it to be
closed, a Traffic Regulation Order will need to be sought from the County Council. A fee
is payable for this service.
8. There may be other public rights of way that exist over this land that have not been
registered on the Definitive Map. These paths are either historical paths that were never
claimed under the National Parks and Access to the Countryside Act 1949, or paths that
have been created by public use giving the presumption of dedication by the land owner
whether under the Highways Act 1980 or by Common Law. This office is not aware of
any such claims.
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4.4
Suffolk Coasts And Heaths Project: The Suffolk Coast and Heaths AONB unit have
seen this application. We do not wish to object to the application we would ask that if the
LPA is minded to grant planning permission conditions relating to amount and timing of
lighting remains the same as the existing use (1/2 hour in the mornings and to a maximum
of 3 hours in the evenings), and continued use of low energy lighting. We would also
request that the landscaping options as outlined in the application are implemented as a
condition of any permission given.
4.5
Suffolk County - Highways Department: The County Council as Highways Authority
recommends that any permission which that Planning Authority may be given subject to
conditions requiring the access to be carried out, restrictions on the gradient of the access,
surfacing of the access, details of highway surface water disposal and provision of parking
areas.
PUBLICITY
4.6
The application has been the subject of the following press advertisement:
Category
Published
Major Application,
13.01.2012
Public Right of Way
Affected,
Major Application,
Public Right of Way
Affected,
Expiry
02.02.2012
13.01.2012
02.02.2012
Publication
Beccles and
Journal
Bungay
Lowestoft Journal
SITE NOTICES
4.7
The following site notices have been displayed:
WDC General Site Notice
Reason for site notice: Major Application, In the Vicinity of
Public Right of Way, Date posted 11.01.2012 Expiry date
31.01.2012
PLANNING POLICY
5.1
The Waveney Core Strategy was adopted in January 2009. Policy CS16 states that the
District Council will work with partners to protect and enhance the natural and historic
environment in the district. Proposals should conserve and contribute towards the
enhancement of landscape character.
5.2
The Development Management Policies were adopted in January 2011. Policy DM02
sets design principles for new development; this includes ensuring the access to the site
does not compromise highway safety and the traffic generated by the development is
capable of being accommodated on the surrounding transport network.
5.3
Policy DM27 states that proposals should demonstrate that their location, scale, design
and materials will protect and where possible, enhance the special qualities and local
distinctiveness of the area.
PLANNING CONSIDERATIONS
6.1
The current use of the site as paddock land has a minimal impact on the surrounding
landscape. The only structures on the site include a stable block of timber construction in
the north eastern corner of the site and a hay barn. The site is sub divided into paddocks
by post and tape fencing; this is not particularly visible as the site is relatively well screened
by native species hedging.
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6.2
The existing stable block currently provides 7 loose boxes. It is proposed to extend the
stable block continuing the ‘U’ shape of the building. This would provide an increase in
stable numbers from 7 to 12 on the site; this extension would also allow storage space for a
tractor and other associated equipment. Although this would enlarge a building in the
AONB, the building is not of any historic significance and is low profile in design, it would
therefore not have an adverse impact on the surrounding landscape.
6.3
The current use of the site for private use for the keeping of horses currently generates a
small amount of traffic, which accesses the site from Green Lane. The use of the site as a
small commercial livery has been shown not to create a significant increase in vehicular
movements. The proposed plan shows that the vehicular access would be improved in
accordance with SCC guidelines and passing spaces would be added. A formal car park is
also proposed, which is proposed to of hardcore construction and screened by hedging.
6.4
Currently lighting is situated on the stable building angled into the yard area run from a
generator. It is proposed to locate this lighting in a similar position on the extended part of
the building. This activity to date has not caused complaints in terms of noise disturbance
and light pollution; these should be operated in accordance with SCC flood lighting
standards, to ensure that they do not have a detrimental impact on nearby residential
properties and users of the highway.
6.5
A neighbour has suggested that the area of land is not suitable for the number of horses
proposed on the site. It is considered that it is the responsibility of the owners of the
business to consider the welfare of the horses and that this is not a material planning
consideration.
CONCLUSION
7.1
It is considered that the proposal does not cause undue harm to the appearance of the
surrounding AONB. The traffic movements associated with the proposed use would not
cause undue disturbance to surrounding neighbours and the access proposed is safe for
this purpose.
RECOMMENDATION
It is recommended that approval be granted subject to the following conditions:1. The development hereby permitted shall be begun within a period of three years beginning
with the date of this permission.
Reason: In accordance with Section 91 of the Town and Country Planning Act 1990 as
amended.
2. The development hereby permitted shall not be brought into use until it has been
completed in all respects strictly in accordance with the details received on 5th January
2012, for which permission is hereby granted or which are subsequently submitted to and
approved in writing by the Local Planning Authority and in compliance with any conditions
imposed by the Local Planning Authority.
Reason: To secure a properly planned development.
3. The new vehicular access shall be laid out and completed in all respects in accordance
with Drawing No. Ref. 11/32/02 and made available for use prior to the occupation of the
property. Thereafter the access shall be retained in the specified form.
Reason: To ensure that the access is designed and constructed to an appropriate
specification and made available for use at an appropriate time in the interests of highway
safety.
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4. The gradient of the vehicular access shall not be steeper than 1 in 20 for the first five
metres measured from the nearside edge of the adjacent metalled carriageway.
Reason: To ensure that vehicles can enter and leave the public highway in a safe manner.
5. Prior to the Livery yard hereby permitted being first occupied, the driveway access onto the
property shall be properly surfaced with a bound material for a minimum distance of 5
metres from the edge of the metalled carriageway, in accordance with details previously
submitted to and approved in writing by the local planning authority.
Reason: To secure appropriate improvements to the existing vehicular access in the
interests of highway safety having regard to the increase in its use which will result from
the development permitted and to prevent hazards caused by loose materials being carried
out into the highway.
6. Before the development is commenced details shall be submitted to and approved in
writing by the Local Planning Authority showing the means to prevent the discharge of
surface water from the development onto the highway. The approved scheme shall be
carried out in its entirety before the access is first used and shall be retained thereafter in
its approved form.
Reason: To prevent hazards caused by flowing water or ice on the highway.
7. The use shall not commence until the area(s) within the site shown on drawing ref.
11/32/03 for the purposes of [LOADING, UNLOADING,] manoeuvring and parking of
vehicles has been provided and thereafter that area(s) shall be retained and used for no
other purposes.
Reason: To ensure that sufficient space for the on site parking of vehicles is provided and
maintained in order to ensure the provision of adequate on-site space for the parking and
manoeuvring of vehicles where on-street parking and manoeuvring would be detrimental to
highway safety to users of the highway.
8. The proposed lighting shall be operated in accordance with the Suffolk County Council
flood lighting standards attached to the decision notice.
Reason: To protect the amenities of the surrounding area.
BACKGROUND PAPERS
CONTACT
Case File DC/11/1349/FUL. Contact Development
Management, The Marina Centre, Lowestoft
Iain Robertson 01502 523067
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