OFFICERS REPORT - DELEGATED
Ref No:
049504
Proposal:
Erection of new stable block and manure store
Location:
4ST
Land rear of 2 Bryn Awel, Stryt-Cae-Rhedyn, Leeswood, Mold, CH7
Applicant:
Mr P D'Amato
Date Valid: 28 February 2012
Case Officer:
Mrs K Taylor
Expiry Date: 24 April 2012
Consultation & Responses
Local Member: Councillor;-No response at time of writing
Leeswood Community Council:- no observations on first response second response
object to application as it considered that it would increase traffic flows on a
dangerous bend where access and egress is gained.
Public Protection:-No objections in principle would however bring to attention the
following observations;- impose conditions relating to burning of waste materials
manure location.
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Highways (DC):-On the basis that the number of horses that may be kept on the site
is limited to the existing 7 as part of C of L D confirm that have no comments to
make
Coal Authority:-Informative Area N14
Neighbours:- one letter of objection from property at entrance to site the objections
relating to:1- access to site poor and shared previous access from Oaklands issue of parking.
2 -policy issue
Relevant History & Policies:
Site History
046253 – Application for the erection of an animal/hay/vehicle barn on land at the
Oakland’s was submitted in April 2009. A site visit as carried out and breaches of the
T & C P Act had taken place in that a stable, static and touring caravans where on
the land. The applicant was given options as how to resolve the breaches and the
application was withdrawn. (The file can be made available should you been to see
it).
046833 – Application for the retention of the stable at the Oakland’s was submitted
29/12/09. It was firstly submitted as Lawful Development Certificate for an existing
use in which it was stated that the existing use was for stables for horses and
grazing of said animals and also sheep. Supporting evidence and information was
requested but not received. The applicant revised the submission to a planning
application for the retrospective retention of the stable block with the application
being for the stabling of horses and grazing horses and sheep. Consent was granted
on 05/02/2010. (See attached copy documents A)
047217 – Application for the erection of agricultural building at the Oakland’s was
submitted on 11/03/2010. This submission followed on from App 046253 which was
withdrawn due to planning breaches and the Consent under App 046833 that
rectified the planning breaches. An agricultural questionnaire was submitted with this
application at stated the holding was 3.4 hectares (being under 5 hectares therefore
the reason why planning was required). The application was considered and refused
on 05/05/2010 (See attached copy documents B)
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Following the refusal discussions took place with the applicant and a number of
Officer’s of the planning department. The applicant was advised to amend the
proposal by reducing the size and scale of the barn and resubmit with an indication
that this may be looked on favourably.
047971 – Application for the erection of a general purpose barn in relation to existing
stable was submitted on 05/12/2010. In considering the application it was
established that under Section 336 of the T & C P Act 1990 that defines “Agricultural
Uses” - “the keeping of horses” for recreational purposes in this case “breeding for
horse racing” was not deemed as agriculture, however, as the use was mixed with
the keeping of sheep and chickens and the need for the management of the
agricultural land the build was reasonably required and consent was granted on
02/12/2010
049504 – Being the latest application for the erection of a new stable block and
manure store was submitted in February. The application is submitted in relation to
the expansion of the horse breeding element of the holding and is not considered to
be agricultural in nature
The proposal would comply with the above policies.
Planning Appraisal:
Introduction
The main issue was the granting of a C of LD under planning application reference
51873 to establish a commercial (equestrian Stud) on the site. This application was
passed to Legal who confirmed that it appeared from the information submitted
indicated that the applicant have at times had as few as six fully grown horses that
can be used as a marker against any increase in future which may constitute a
material change of use of the land. Hence the C of LD was issued for the breeding
and keeping of up to 7 horses. It is on this basis that the use has been established
which was an issue when dealing with this application. On the basis that the use is
now authorised the stable/manure store can be dealt with as an application
The application relates to the erection of a new stable block, manure store alongside an
associated yard area. The stable block is submitted to provide stabling for
horses, with the intention that two of the stables are to be used for foaling.
Site
The application site is situated off Stryt-Cae-Rheddyn, and is directly accessible from the
road via its own private access track although objections have been received from one
resident relating to the access situation. Highways have been consulted and originally
objected but in light of the C of LD the objection has now been withdrawn subject to the max
number of horses overall being no more than 7 in line with the C of LD The application site is
set back from the road by approximately 100m and is protected from view via the presence
of mature trees and hedges
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and also by the natural lie of the land in an area of open countryside. The
new stable and manure store is to be positioned within the fenced off ‘yard area’ already on
the site The new stable and manure store will not be readily seen from the road subject to
the structures being treated in an appropriate colour. The
stables will be constructed from timber (to match the existing stables and barn on the site)
and the new manure store will be from concrete, finished externally with timber cladding.
Background Information
The applicant has operated a horse breeding enterprise since 2004 primarily
under the name of Evella Stud. Initially the horse breeding programme operated from the
neighbouring Oaklands Farm (where the applicant lived at the time) and since 2006, when
the applicant bought the land and previous buildings, the applicant has operated the
enterprise from this site - initially jointly with Oaklands Farm and then following the sale of
the farm in 2010, solely from this site. In addition to breeding thoroughbred horses the
applicant also keeps a herd of Shetland sheep and a small flock of hens on the application
site.The applicant currently owns 8 acres of land and has an additional 9 acres of adjoining
landon a long-term rent. The existing business is mainly based around the breeding and
sale of thoroughbred racehorses, and further income is also achieved from the sale of free
range eggs from the hens and the sale of sheep/lambs and their wool. Currently the
applicant has a total of 9 horses, this being restricted by the C of LD comprising of 3 brood
mares, 2 ponies 2 yearlings and 1 foal, and 1 mare
Currently the only secure storage on site is in the existing static caravan, which is now to be
removed following the recent completion of the barn. Whilst the new barn provides a much
needed covered storage area for hay and small agricultural plant and
machinery.
The Proposal: Design Principles
As indicated above the design principle is to site the new stables close to the existing
stables, inside the fence that forms the yard area of the stud and the new manure store is to
be sited, behind the new barn – all as indicated on the application drawings.
The new stables and manure store will be impossible to see from the road or neighbouring
properties and will be extremely hard to see from any other public vantage points. The
stables will be from timber (to match the existing stables on the site) and the new manure
store will be from steel posts, with timber infill.
Access To the Site
Vehicular access into the yard is from Stryt-Cae-Rheddyn, via
a gate and its own access track. The provision of the new stables and manure store will not
have any effect whatsoever on the amount of traffic using the existing arrangements and
there is no need, requirement, or proposal to change or improve the existing access
arrangements. The proposal is to provide a timber stable arrangement to create 3 new
timber stables and a small secure store, generally as indicated above and on the enclosed
plans. The stables are to be a single-storey, timber construction on a concrete base, with a
corrugated roof. The buildings are to be stained brown in colour, with the roof being from
grey corrugated sheeting, both of which are too match the existing stables and barn at the
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stud. The design is typical to that available from many stable manufacturers and already in
use at the stud and in common use in the surrounding area.
Yard Area
A small concrete yard area is to be provided as indicated directly in front of the new stable
building and the concrete is to drain towards a central drainage channel,
Manure Handling
Poor manure management can lead to smells, vermin and flies, which will affect the horses
health and well being. So it is proposed to construct a manure store that is to be built from
steel posts,with timber ‘sleepers’ between, built directly upon a concrete slab, and be
covered to prevent any water ingress and therefore negating the need to construct any foul
water drainage to the new store. The applicant will arrange for the manure store to be
emptied by a suitable contractor as and when.
The need for significant engineering operations with the proposal is negligible.
The new stables are to be timber lined internally which will negate the need for additional
insulation requirements.
Planning Policy Statement
The Development Plan for Flintshire currently comprises of the Flintshire Unitary
Development Plan (UDP) which was very recently adopted by the Council on Wednesday
28th September 2011.
Assessment against the Unitary Development Plan adopted Proposals Map identifies that
the application site is not directly affected by any policy designations. In the absence of any
such designations the principle of development can be established via assessment against
UDP Policy GEN4 which states that development outside allocated sites or settlement
boundaries will be permitted only for uses which are appropriate to the open countryside or
which are essential to a particular rural location and cannot be sited elsewhere.
On this occasion it must be noted that that the principle of equine related development
within
the open countryside has already been established as acceptable by the granting of
previous planning applications at the site which relate to the existing elements of the
business. Importantly these were not approved on any exceptional basis but instead through
recognition that equine related activities are popular forms of recreation within the
countryside, fit well alongside agricultural activities and make an important contribution
towards diversifying rural economies. In this context, and given that this proposal relates to a
modest expansion of facilities at the enterprise, the proposal must equally be considered, in
principle at least, appropriate within an open countryside setting. In this regard the proposal
evidently complies with UDP Policy GEN4.
With the principle of the proposal established, an assessment of the extent to which it can
therefore be supported should instead focus on the degree to which the development can be
sensitively integrated within the rural landscape without entailing any adverse impacts on the
character of the immediate and wider countryside.
At the outset of any site evaluation it is considered pertinent to stress that the proposal is
considered to constitute only a modest expansion of facilities at the already established
enterprise. The enterprise is currently considered to be small-scale in nature and the
proposed additional stables and facilities are not considered to represent an intensification
of
the business or site to a degree which would warrant a departure from this notion. The
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supporting text of policy RE4 ‘Small scale rural enterprises’ identifies that
“The policy intentionally does not attempt to define 'small scale' as each proposal must be
assessed on its own merits taking into account location, characteristics of the site (including
buildings) and surroundings, the nature and intensity of the proposal.”
Supporting Information and Design and Access Statement
Page 8 Equestrian Design
This pragmatic approach is supported but it is also considered necessary, in the absence of
any specific guidance at the national level within Wales for equestrian related development,
to draw attention to Planning Policy Statement 7 (2004) ‘Sustainable Development in Rural
Areas’ which provides guidance for England. PPS7 makes a distinction between small-scale
and large-scale equine enterprises, via a footnote at paragraph 32, and defines small-scale
enterprises as those involving up to ten horses. In this context where the proposed stabling
would be used to support the existing number of horses, which will generally be within or
close to the figure of ten at any one time, it is considered that this proposal should therefore
be considered small-scale.
UDP Policy GEN1 provides guidance on the more detailed policy requirements and requires
new development, amongst other things, to
environment. The proposal would not result in the loss of any hedgerows, shrubbery
or trees nor result in any damage to their roots.
Supporting Information and Design and Access Statement
Page 9 Equestrian Design
Conclusion
In conclusion the proposal given the C of LD having been granted for seven horses on the
site identifies the need for a further stable/store including the manure store
Recommendation Code: /
Conditions
1 TO1
2 TO2
3 as per EH memo
4 as per EH memo
5 Notwithstanding the details submitted, within two months from the date of the erect
of either the proposed new stable or the manure store hereby granted whichever is
the sooner, the unauthorised development consisting of the static caravan, touring
caravan and storage building shall be removed.
Reason
In the interests of the visual amenity of the area.
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In considering this planning application the Council has acted in accordance with the Human Rights
Act 1998 including Article 8 of the Convention and in a manner which is necessary in a democratic
society in furtherance of the legitimate aims of the Act and the convention.
Notes to Applicants
1
Informatives
N13 Plans
Application form
Date received 28th February 2012
Existing and proposed site plans received 7 June 2012
2 N14
3 The applicants attention is drawn to the Certificate of Lawful Use or Development
–Section 192 application reference 051873 granted on 11th November 2014,which
notes in the first schedule, that the site only has a lawful use for the land for the
breeding and keeping of up to 7 horses only.
Date of Recommendation:
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