Planning Committee - 05/12/2013
W/13/02024/CU
Parish: Wickhamford
Ward: Broadway & Wickhamford 06
Description: Change of use from residential use (Use Class C3) to a cat adoption centre (Sui Generis) and erection of cat pens
Site: 95 Pitchers Hill, Wickhamford, Evesham, WR11 7RT
Applicant: Cats Protection
Agent: ASP
Date Valid:
Expiry Date:
03/10/2013
28/11/2013
Case Officer: Anna Brindle
Tel:
Grid Ref: N:240809.73
01386 565379
Member(s): Cllr Liz EyreCllr Barrie Parmenter
1. Site Description and Details of Proposal
This application proposes the change of use from a residential dwelling to a cat adoption centre to be operated by Cats Protection. In addition, the application seeks to erect 21 pens within the curtilage to house the rescued cats awaiting rehoming.
Cats Protection currently runs an adoption centre from the Dogs Trust site, some 160 metres to the north west of this site. The Dogs Trust site has recently gained planning permission for redevelopment under application
W/13/00574/PN which appeared at the October Planning Committee. Some of the redevelopment of this site also included new works for the Cats Protection.
Further information regarding the background to this proposal will be included later within the report.
The property currently consists of a detached residential dwelling owned by the
Dogs Trust, positioned in close proximity to the busy A44. A 2m close boarded fence is positioned behind a grassed verge and highways footpath. The site slopes away quite considerably from the roadside to the north.
The application proposes to install 7 timber cat pens structures to the front and side of the property, behind the existing close boarded fencing.

The application appears on the committee agenda at the request of Cllr
Parmenter.
2. Planning Policies
Wychavon District Local Plan June 2006
Relevant Policies are:
GD2 (General Development Control)
RES7 (Conversion of Existing Buildings Outside of Defined Development
Boundaries to Non-Residential Uses)
ENV1 (Landscape Character)
ENV19 (Surface Water Run-Off)
SUR1 (Built Design)
SUR2 (Landscape Design)
SUR6 (Extensions to Buildings)
ECON2 (Expansion of Existing Rural Employment Sites)
Emerging South Worcestershire Development Plan:
Relevant Policies are:
SWDP1 (Overarching Sustainability Principles)
SWDP2 (Development Strategy and Settlement Hierarchy)
SWDP12 (Rural Employment)
SWDP 21 (Design)
SWDP 25 (Landscape Character)
SWDP 29 (Sustainable Drainage Systems)
National Guidance
National Planning Policy Framework (NPPF)
Supplementary Planning Guidance
Water Management SPD
3. Planning History
80/00132 - Extension - Approved
81/01099 - First Floor Extension - Approved
84/00552 - First Floor Extension - Approved
4. Consultation Responses
Parish Council:
Object, The property should be kept as a residential property with the current housing shortage Very difficult access Much increased traffic flow with proposals as opposed to residential properties onto busy A44 Already have

premises at the Dogs Trust and should be incorporated into the newly approved scheme there and not further erosion into the countryside contrary to answer 4 on the application the site is very visible from the Highway & Footpath
County Highways:
No objection, 6 conditions and 2 informative notes recommended.
Worcester Regulatory Services:
No comments from a nuisance point of view, but if approved the applicant would need to apply to WRS for a license before the planned activity starts.
Economic Development:
The Evesham Cats Protection Centre has been established in the area for thirty years and would like to remain here. They are currently co-located with the
Dogs Trust at Pitchers Hill but the Trust has redevelopment plans so they need to relocate. They have identified a property nearby where they can continue to care for unwanted and stray cats. They have a staff of 3.
I have no objections to the development.
5. Representations Received
No representations received
6. Representations Made
No representations made
7. OFFICER APPRAISAL
Issues to consider in the determination of this application are:-
- whether the proposal is acceptable in principle;
- scale and design;
- landscaping and layout;
- highways;
- drainage;
- noise
Principle of the proposal
The application site lies outside of any defined development boundary as identified by the current local plan. The application site measures some
0.08ha which is comprised of a detached residential dwelling and curtilage.
The property is currently owned by the Dogs Trust and due to its condition, appears to have been uninhabited for a number of years. A variety of outbuildings and pens exist within the rear curtilage of the unit but these are shielded from public view by the existing property. It is proposed to clear the site of these existing structures, apart from 2 outbuildings positioned along the

northern-most boundary, and replace them with 7 newly constructed timber pens, each able to house 3 cats in separate quarters with individual sleeping and exercise areas. The application also proposes the change of use of the existing residential property to accommodate a variety of store rooms, offices, medical rooms and kitchen/washing up facilities to support the rehoming function of the site.
Local plan Policy RES7 relates to the conversion of an existing building, outside of defined development boundaries to non-residential uses. Such a change of use would be supported by this policy, providing a number of criteria are met: a) the new use and scale of development is appropriate to the location; b) the building is of permanent and substantial construction and is capable of conversion without major rebuilding or extension; c) it does not lead to the dispersal, of activity which would have an adverse impact on the local economy or the vitality of nearby towns or villages; d) adequate access, servicing, amenity areas and parking are provided within the curtilage of the application site, and without detriment to the building or its setting; and e) the proposed use would not generate any significant increase of HGV traffic on minor and/or unsuitable roads.
It is considered that the change of use of this building for the purpose of a cat adoption centre will be of a small enough scale so as not to have an adverse impact upon the surrounding landscape. The proposal includes the erection of
7 timber cat pen structures which are small in scale, low in height and will be largely screened from public view by the existing boundary fencing and the surrounding landscaping.
The building is an existing dwelling, which whilst being in need of some refurbishment, is of sound construction. There are very few alterations required to the existing building to enable it to be fit for its proposed purpose as a rehoming centre. A new ramped access will be provided to the rear and will be hidden from public view.
The proposed use of the building by the Cats Protection will not create any adverse economic issues or affect the vitality or viability of the nearby villages in any way.
The car parking provision has been calculated in accordance with the county council's adopted standards and will be provided to the rear of the building where it will not be visually prominent within the landscape.
The proposal would not generate HGV movements but highways connections are excellent, given the position of the site on the A44.
In summary, the change of use of the building for the proposed purpose would be fully supported in principle by local plan Policy RES7.
It is noted that some concern has been raised by the parish council regarding the loss of a residential unit, given the current promotion for further house building in order to boost the Housing Land Supply position. Whilst it is noted

that this application would result in the loss of a residential unit, notwithstanding the fact that the property has remained vacant and uninhabited for some time, the property is also located outside of any settlement boundary where residential development would not generally be promoted. The creation of a cat adoption centre within this location would bring with it benefits of employment and is able to take full advantage of the excellent highways infrastructure in terms of its proximity to the A44. Whilst the loss of a residential unit is regrettable, it is considered that this is a minor loss that can easily be offset by the approval of housing development within more sustainable locations. Officer do not consider that the loss of a residential unit would provide adequate reasoning to refuse this application, given the support for the proposal when assessed in line with local plan Policy RES7.
Furthermore, the principle of the use of this site should be considered within the context of the similar neighbouring uses, namely the Dogs Trust site. The Dogs
Trust site has operated as a rehoming centre for a number of years and is now well established within the local environment. An application submitted earlier this year sought the redevelopment of this site, which also included the erection of new cat pens to be used by Cats Protection who are currently located on this site. Additional information received from the Agent confirms that the Cats
Protection were exploring alternative temporary locations for the cats to be moved to during the upcoming construction period when they became aware of this vacant property on Pitchers Hill which has been offered to them by the
Dogs Trust. They now consider that these premises would be more suitable for their needs than the current location within the Dogs Trust site. It is noted that the permission granted at the Dogs Trust will remain extant whether or not this application is deemed to be acceptable. It is confirmed that the Cats
Protection do not wish to have both sites operating as rehoming centres simultaneously, although once permission is granted the local authority would have no control over this matter. We must therefore consider the principle of the application site operating alongside the Dogs Trust site 160m away.
It is noted that the previous redevelopment of the Dogs Trust site was considered acceptable and as an established rehoming centre would not create additional impacts than currently exist at present. The approval of this application must confirm therefore that the highways network and landscaping impact are not significant enough to raise concern regarding these matters.
This current proposal must also be assessed in terms of its individual impact and due to the separation distance between the two sites, it is not considered that there would be any material issues created by the cumulative impact of the neighbouring rehoming centres whether or not the existing extant permission for cat pens at the Dogs Trust was implemented.
Scale and Design
The proposal will see the demolition existing wire pens on the site which don't appear to have planning permission. The erection of 7 pens positioned along the south-western and south-eastern boundaries of the property will have limited impact upon the surrounding landscape due to the existing boundary treatment and surrounding planting. The proposed buildings are going to be constructed from timber with a felt roof and each measure 4m x 3.5m in footprint.

They will have a mono-pitched design and measure approximately 2.1m in height to their ridge.
The pens will allow the site to accommodate a maximum of 21 rescued cats. It is not considered that this would be an over-intense use for this site and would still allow for outside areas to be maintained for car parking and the planting of some landscape screening.
The proposed works to the existing residential unit include the creation of an external ramped access constructed from timber. This is not considered to be visually intrusive as it is positioned to the rear of the property and will have limited visibility from outside of the application site.
It is considered that the scale and design of the development is all of a minor nature and would not have an adverse impact upon the rural surroundings. The scheme is considered acceptable in terms of scale and design.
Landscaping and Layout
The existing dwelling is bounded to the road frontage by a 2m close boarded fence. The site gently slopes away from the road, meaning that the proposed cat pens will be positioned at a lower height than the adjacent roadside. Whilst it is not considered that the existing 2m close boarded fence to the frontage is ideal within this rural location, the fencing is existing and due to the set back from the highway, would not require planning permission within this location.
There are no objections to the retention of this front boundary treatment on this basis.
The proposed cat pens have been positioned within close proximity to the existing dwelling, thereby containing the development within the immediate curtilage of the building. The proposed layout of the premises allows the erection of the cat pens and the provision of the required number of car parking spaces within the site without adversely affecting the visual amenities of the surrounding areas.
Landscape screening is proposed to the south eastern side of the proposed car parking spaces. Further details of this landscaping will be requested to be submitted via condition attached to any approval.
It is not considered that the scheme would have an adverse impact upon the surroundings of the site and that the layout of the proposal has carefully considered the existing features of the site and attempted to limit the spread of development within the existing site confines.
Highways
Worcestershire County Council - Highways have considered the scheme and do not raise any objection to the proposal. The number of car parking spaces is considered to comply with guidelines and they do not envisage an impact being caused to the local highways network as a result of this development. 5 highways conditions and 2 informative notes have been recommended to be included within any approval granted.

It is highlighted that a public footpath that previously ran down the driveway of this property had been relocated in October 2000 and this constraint no longer has an impact upon this proposed development.
Flood Risk and Drainage
The site is located within Flood Zone 1 and is not considered to be at high risk for flooding. The site already includes large areas of hardstanding where current wire pens exist, although existing hardstanding will be required to the front and side of the property. The site is sloped away to open land to the north east and run-off will be directed via drainage channels to the permeable car parking areas.
At the time of writing this report, no formal comments have been received from the Council's Drainage Engineers regarding the proposed drainage details. An update will be provided to Members at the Committee Meeting.
Noise
The application proposes to house a maximum of 21 cats at any time. Cats are not a species renowned for excessive noise and it is also stated within the submitted Planning Statement that all cats will be neutered which is said to prevent some of the female cats from making excessive noise. Worcestershire
Regulatory Services have considered the details of this application and do not raise concerns regarding any noise impact. In any case, the site is some distance from the nearest residential properties so as not to be seen to create any harm to the amenities of the nearest residential neighbours.
Conclusion
Officers consider that the redevelopment of the site for the purposes of a cat rehoming centre and associated development will cause no adverse effect to the character and appearance of the surrounding landscape. The proposed use has adequate means of highways access and parking provision and the proposed use is unlikely to cause any amenity concerns within the locality.
In terms of the amenity impact to neighbouring properties, there is not considered to be any visual harm caused by the development due to the extent of the work and the distance from neighbouring properties. It has been considered however, that the consultation of neighbouring residents should extend to include No.s 91 and 93 Pitchers Hill who are positioned outside of the
Dogs Trust ownership and will be positioned between the two rehoming centres should this site gain approval. This consultation period will not finish before the Planning Committee meeting on 5 December 2013 and therefore any decision will be delayed until the consultation period for these properties has expired.
This scheme is considered to have economic and social benefits and no harm is identified that would significantly and demonstrably outweigh these advantages. As such the proposal is seen to represent sustainable development and is in line with development plan policies.

8. RECOMMENDATION Approval (subject to no material objections being received from consultees prior to 10th December 2013)
1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason - In accordance with the requirements of Section 91 (1) of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and
Compulsory Purchase Act 2004.
2. The materials shown on the approved plans shall be used and no others substituted without the approval, in writing, of the Local Planning Authority before work on the site commences.
Reason - To ensure that the development is visually satisfactory in accordance with Local Plan Policy SUR1 and SUR6
3. No part of the development shall be commenced until full details of soft landscaping works have been submitted to and approved in writing by the Local
Planning Authority. The details submitted must include: i) a plan(s) showing details of all existing trees and hedges on the application site. The plan should include, for each tree/hedge, the accurate position, canopy spread and species, together with an indication of any proposals for felling/pruning and any proposed changes in ground level, or other works to be carried out, within the canopy spread. ii) a plan(s) showing the layout of proposed tree, hedge and shrub planting and grass areas. iii) a schedule of proposed planting - indicating species, sizes at time of planting and numbers/densities of plants. iv) a written specification outlining cultivation and other operations associated with plant and grass establishment. v) a schedule of maintenance, including watering and the control of competitive weed growth, for a minimum period of five years from first planting.
All planting and seeding/turfing shall be carried out in accordance with the approved details in the first planting and seeding/turfing seasons following the completion or first occupation/use of the development, whichever is the sooner.
Any trees or plants which, within a period of five years from the completion of the planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless otherwise agreed in writing by the Local Planning Authority.
Reason - To protect and enhance the visual amenities of the area and to ensure the satisfactory development of the site - in accordance with (Policy
GD2, Policy ENV1 (ENV12 for Conservation Areas) and Policy SUR2 (and
ENV7 where site has nature conservation value, and ENV8 for protection of existing hedgerows, trees & woodland) of the Wychavon District Local Plan
(June 2006).

4. Before any other works hereby approved are commenced, visibility splays shall be provided from a point 0.6m above ground level at the centre of the access to the application site and 2.4 metres back from the nearside edge of the adjoining carriageway, (measured perpendicularly), for a distance of 120 metres in each direction along the nearside edge of the adjoining carriageway.
Nothing shall be planted, erected and/or allowed to grow on the triangular area of land so formed which would obstruct the visibility described above and these areas shall thereafter be retained and kept available for visibility purposes at all times.
Reason - In the interests of highway safety. Principal Rd. 40mph speed limit.
DMRB visibility.
5.
The development hereby permitted shall not be brought into use until the vehicular access and entrance, turning areas and parking spaces shown on the approved plan have been properly consolidated, surfaced, drained and otherwise constructed in accordance with details to be submitted to and approved in writing by the Local Planning Authority and these areas shall thereafter be retained and kept available for those uses at all times.
6.
Reason - In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway. Note the widened vehicular crossing shall not be a bellmouth with radii but drop kerbing only.
Before any other works hereby approved are commenced, the construction of the vehicular access between the nearside edge of the adjoining carriageway and the highway boundary shall be carried out in accordance with a specification to be submitted to and approved in writing by the Local Planning
Authority, at a gradient not steeper than 1 in 12.
Reason - In the interests of highway safety.
7. Prior to the occupation of the development hereby approved, the driveway shall be consolidated, surfaced and drained in accordance with details to be submitted to and approved in writing by the Local Planning Authority at a gradient not steeper than 1 in 15.
Reason - In the interests of highway safety.
8. Any new access gates shall be set back 5 metres from the nearside edge of the adjoining footway and shall be made to open inwards only.
Reason - In the interests of highway safety.
9. The development hereby permitted shall not begin until a Construction Method
Statement has been submitted to and approved in writing by the Local Planning
Authority. The approved statement shall be adhered to throughout the construction period. The statement shall provide for: a) The parking of vehicles of site operatives and visitors; b) Loading and unloading of plant and materials; c) Storage of plant and materials used in constructing the development.
Reason - To prevent indiscriminate parking in the interests of highway safety.

10. Prior to the first use/occupation of the development hereby permitted, the details set out in the submitted Water Management Statement shall be fully implemented and remain thereafter.
Reason - To ensure that an appropriate sustainable drainage system is provided to serve the development and to reduce the consumption of water.
This is in accordance with the SPD on Water Management.
11. The development hereby permitted shall be carried out in accordance with the following approved plans: 117 (Cat Pens), 115 (Existing Elevations), 112
(Proposed Site Plan), 116 (Proposed Elevations), 113 (Site Section), 114
(Existing and Proposed Floor Plans), 111 (Block Plan),110 (Existing site plans).
Reason - To define the permission.
Notes:
This permission does not authorise the laying of private apparatus within the confines of the public highway. The applicant should apply to the Worcestershire
County Council’s Community and Response Unit, County Hall, Spetchley Road,
Worcester WR5 2NP (telephone 0845 607 2005), for consent under the New Roads and Streetworks Act 1991 to install private apparatus within the confines of the public highway. Precise details of all works within the public highway must be agreed on site with the Highway Authority.
This permission does not authorise the applicant to carry out works within the publicly maintained highway since such works can only be carried out by the County
Council’s Approved Contractor following the issue of a licence under Section 184 and 278 of the Highways Act, 1980.
The applicant should contact Worcestershire County Council’s Highways
Community and Response Unit, County Hall, Spetchley Road, Worcester WR5 2NP
(telephone 0845 607 2005), regarding the issue of the necessary licence authorising the access works to be carried out by the County Council’s Approved Contractor at the applicant’s expense. The applicant should give the County Council sufficient notice to enable, as far as possible, the licence procedure to be carried out so that there is no disruption to t he applicant’s programme of works.