ITEM 8 Application Number 07/2011/0773/COU Address The Calf Farm Barn Hugh Lane Leyland Applicant Mrs Linda Dewhurst Development Retrospective application for the change of use of land from agricultural use to a mixed agricultural (grazing)/recreational use for a total of 15 horses including the change of use of existing barn from agricultural use to the stabling of 4 horses and storage for animal feed Officer Recommendation Approval SUMMARY The application relates to a 3 hectare ‘L’-shaped parcel of land off Hugh Lane in Leyland. The site is accessed directly off Hugh Lane, and the entrance is approximately 200m from the junction with Longmeanygate. The site is within an area of land designated as Green Belt in the South Ribble Local Plan and on the fringe of ‘best and most versatile agricultural land’. The site, which was historically a smallholding, comprises of a 6m x 18m timber building and a series of grassed fields with a hardcore track giving access. The timber building, which was formerly used to provide accommodation for calves, comprises of 4 horse bays. The applicant is seeking retrospective planning permission for the change of use of the land from agricultural use to a mixed agricultural (grazing) / recreational use for a maximum of 15 horses including the change of use of the existing barn from agricultural use to the stabling of 4 horses and storage for animal feed. No building works are proposed as part of this application. 1 Supporting information submitted by the applicant states that seven of the horses grazed on the land, which includes the four stabled in the barn, belong to her and her family. These seven horses are present on the site all year round and the owner and her family visit the site regularly to tend to and exercise the horses. In addition to this, land within the site is sub-let for grazing which accounts for the other 8 horses. The applicant has stated that the owners of these eight horses only graze them at the site (i.e. no exercising of the horses takes place) for part of the year. Planning records prove that since at least 2003 horses have grazed the land as part of the previous smallholding enterprise. The proposal is deemed to be in accord with Policy D5 of the Local Plan as the proposal does not include buildings, built structures or hardstanding, and is for a use deemed to be acceptable in the Green Belt (i.e. grazing and outdoor recreation). County Highways has confirmed that they have no objections to the proposal. The traffic generated is not considered to be materially greater than potential volume of traffic under the existing lawful use as an agricultural smallholding. A condition to restrict the number of horses on the site to a maximum of 15 will ensure that the proposal will not generate a materially greater volume of traffic over and above what the existing lawful use has the potential to generate. Environmental Health has raised no objections to the proposal, recommending conditions relating to restricting the use of the stables for private domestic purposes, the submission of a manure management plan, restricting the lighting of bonfires on the site and pest (vermin) control measures. The proposal is therefore considered to comply with Policies D5, D11, QD1 and T10 of the South Ribble Local Plan and is therefore recommended for approval, subject to the imposition of conditions. APPLICATION SITE AND SURROUNDING AREA The application relates to a 3 hectare ‘L’-shaped parcel of land off Hugh Lane in Leyland which is set between Hugh House Farm and ‘The Bungalow’. The site is accessed directly off Hugh Lane, and the entrance is approximately 200m from the junction with Longmeanygate. The site, which was historically a smallholding, comprises of a 6m x 18m timber building and a series of grassed fields with a hardcore tracking giving access. The timber building, which was formerly used to provide accommodation for livestock, comprises of four horse bays in total, two either side of a central storage area. Along the southern side of the hardcore track but outside of the application site is a strip of land that is let to an individual and is used as a personal allotment which includes small chicken coops. There is a line of semi-mature conifer trees along the southern boundary of the site which screens the site from residential properties at ‘Oakdene’ and ‘The Bungalow’. The site is located some 250m to the north of the Moss Side Industrial Estate within the periphery of a semi-rural area. The application site is within an area of land designated as Green Belt in the South Ribble Local Plan and on the fringe of ‘best and most versatile agricultural land’. SITE HISTORY 2 The site has a complex planning history dating back to 2002 relating to the owner of the site who previously worked the land until it was let to the applicant for this current application in early 2011. In July 2002 a planning application (07/2002/0284) for the formation of a 40m x 20m outdoor riding arena together with the erection of a 15m x 9m brick built stable block with tack and store room with associated yard and parking was refused by the Local Planning Authority for the following reason: “The proposed stables and associated permanently surfaced car park would by virtue of their scale and proposed use of materials constitutes inappropriate development in the Green Belt and therefore be contrary to the provisions of Policy D5 of the South Ribble Local Plan”. In July 2002 a planning application (07/2002/0303) for the erection of a 20m x 6m four-bay agricultural building for the storage of hay / straw and to provide cover for livestock was also refused by the Local Planning Authority for the following reason: “The proposed building which is not justified for agricultural purposes constitutes inappropriate development in the Green Belt and is therefore contrary to the provision of Policy D5 of the South Ribble Local Plan”. In September 2002 a three-bay agricultural building, constructed in timber, was erected without the required planning permission. This was enforced against and an appeal against the enforcement notice was lodged. The appeal was subsequently dismissed due to the proximity of the building to nearby residential properties and the odours that would unacceptably affect the living conditions of nearby residents. However, the Inspector did conclude that the building that had been refused planning permission would be for the purposes of agriculture and would therefore be appropriate development in the Green Belt. The unauthorised building was subsequently demolished. In August 2004 planning permission (07/2004/0048) was granted for the erection of the 6m x 18m timber building that is currently present on the site for agricultural purposes. Within the Officer’s report for this application it is stated that “In addition to calf rearing the applicant keeps horses and ponies at the time of the inspection seven were being kept on the land. This will continue to be the case and he intends to utilise to bay of the building over the winter period to give the horses shelter. ” In December 2005 a planning application (07/2005/0739) for the erection of an 11m x 3.6m timber built 4 bay stable and feed store was refused by the Local Planning Authority for the following reason: “The proposed building constitutes inappropriate development in the Green Belt by virtue of its size, scale and location, adversely affecting its openness. As such, the proposed development would be contrary to Policy D5: Development in the Green Belt of the South Ribble Local Plan”. An appeal was lodged against the refusal of planning permission relating to the planning application and was dismissed by the Planning Inspectorate who considered that the building would have had a detrimental impact on the openness of the Green Belt and that no special circumstances existed In January 2008 a planning application (07/2007/0676) for the erection of a 23m x 9m general purpose building for storage / livestock was refused by the Local Planning Authority for the following reasons: “1. The proposed agricultural building would be sited too close to residential properties and smells and vermin would unacceptably affect the living conditions of nearby residents, 3 causing serious detriment to the amenities of nearby residents. As such, the proposal is contrary to Quality of Development Policy QD1 (e) of the South Ribble Local Plan. 2. The intended use of the proposed agricultural building would amount to an intensive livestock unit, rather that merely a “field shelter”, which is likely to result in noise and disturbance which would be detrimental to the residential amenity of the area. As such, the proposed development is contrary to Policy QD1 (e) of the South Ribble Local Plan.” An appeal was lodged against the refusal of planning permission relating to the planning application. The appeal was subsequently dismissed due to the proximity of the building to nearby residential properties and the odours that would unacceptably affect the living conditions of nearby residents. However, the Inspector did conclude that the building that had been refused planning permission would be for the purposes of agriculture and would therefore be appropriate development in the Green Belt. In early 2011 the site was let to the applicant for this current application. PROPOSAL The applicant is seeking retrospective planning permission for the change of use of the land from agricultural use to a mixed agricultural (grazing) / recreational use for a maximum of 15 horses including the change of use of the existing barn from agricultural use to the stabling of 4 horses and storage for animal feed. No building works are proposed as part of this application. Supporting information submitted by the applicant states that seven of the horses grazed on the land, which includes the four stabled in the barn, belong to her and her family of 12. These seven horses are present on the site all year round and the owner and her family visit the site regularly to tend to and exercise the horses. In addition to this, land within the site is sub-let for grazing which accounts for the other eight horses. The eight horses grazed on the sub-let land are owned by four different families (three horses, two horses, two horses and one horse respectively). The applicant has stated that the owners of these eight horses only graze them at the application site (i.e. no exercising of the horses takes place) for part of the year. REPRESENTATIONS Three letters of objections were received from nearby residents and land owners. summary of the points raised follows: A Highway Issues Increased traffic – impact on highway safety Other Issues Noise and disturbance resulting from increased traffic / use of the site and use of the Hugh Lane for exercising horses Vermin present as a result of the use of the site Proposal amounts to a livery yard business / riding school Potential for horses to break through existing boundary fencing and cause damage to neighbouring fields CONSULTATION REPLIES County Highways has raised no objections in principle to the proposal providing that a turning circle can be provided for a horse box and vehicle, six car parking spaces can be accommodated, the stables are restricted to private use and securing of sight lines, stating that they are of the opinion that “the proposed use of the site would not generate a significant increase in vehicle movements to and from the site, based on the previous use of the site”. 4 Environmental Health has raised no objections to the proposal, recommending conditions relating to restricting the use of the stables for private domestic purposes, the submission of a manure management plan, restricting the lighting of bonfires on the site and pest (vermin) control measures. The lighting of bon fires is controlled under the Environmental Protection Act 1990 and therefore cannot be attached as a planning condition. The Environment Agency has raised no objections to the proposal recommending a condition for the submission of a manure management plan. MATERIAL CONSIDERATIONS Context The change of use of the agricultural barn to a private domestic stable requires planning permission in its own right. With regards to the use of the land, S336(1) of the Town and County Planning Act 1990 provides a definition of agriculture which includes “the use of land as grazing land”. In fact Planning Inspectors that have visited the site previously as part of appeals in 2003 and 2008, when it was as smallholding, state that horses were grazing the land as well as stabled in the barn without concluding that this conflicted with the site’s agricultural use. A consultee report undertaken the County Land Agent in March 2004 as part of the 07/2004/0048 application for the timber barn specifies that seven horses were present on the land in addition to 48 calves. This again was covered by the agricultural use of the site. In addition to this, within the Officer’s report for planning application 07/2004/0048 it is stated that “In addition to calf rearing the applicant keeps horses and ponies at the time of the inspection seven were being kept on the land. This will continue to be the case and he intends to utilise to bay of the building over the winter period to give the horses shelter.” Therefore it is fair to say that horses, in addition to calves, have been grazing the land and stabled in the barn for a number of years as part of the site’s lawful agricultural use. No evidence has been submitted by objectors, or can be found by Officers, to support claims that a riding school operates from the site (e.g. advertisements or listings). Although part of the site is sub-let to other families for the grazing of horses no further services are provided by the applicant (i.e. shelter or care). Consequently, by definition, no livery business is currently being run from the site. However the increased vehicle movement as a result of the sub-letting of part of the site shifts the activities taking place on the land towards a change of use even though grazing is covered by the term agriculture. Policy Considerations The application site is within an area of land designated as Green Belt in the South Ribble Local Plan. The objective of Policy D5 is to strictly control development in the Green Belt to achieve Green Belt objectives. The proposal is deemed to be in accord with Policy D5 of the Local Plan as the proposal does not include buildings, built structures or hardstanding, and is for a use deemed to be acceptable in the Green Belt (i.e. grazing and outdoor recreation). Character and Appearance The change of use proposed, which does not include new buildings, built structures or formation of hardstanding, would not have a detrimental impact on the character and appearance of the area. Highway Issues County Highways have raised no objections in principle to the proposal providing that a turning circle can be provided for a horse box and vehicle, six car parking spaces can be accommodated, the stables are restricted to private use and securing of sight lines. They comment that the existing lawful agricultural use of the site, which at the time the County Land Agent visited the site in March 2004 included 7 grazing horses and 48 calves, 5 has the potential to generate a sizeable volume of traffic. The change of use of the site to accommodate a maximum of 15 grazing horses is not considered to generate a materially greater volume of traffic over and above the level if traffic that the existing lawful use has the potential to generate. Other Issues Neighbours have raised concern at the potential for increased noise and disturbance as a result of traffic, use of the site and use of the Hugh Lane for exercising horses. Environmental Health has raised no objections to the proposed change of use. As previously stated the proposal, with a condition to restrict the number of horses on the site to a maximum of 15, is not considered to materially increase the volume of traffic over and above what the existing lawful use has the potential to generate. Although the presence of people on the site may generate a degree of noise any disturbance is not anticipated to be significantly more than if the site continued to be operated as a smallholding. Conditions restricting both the maximum number of horses and the use of the site for grazing and private / domestic purposes would safeguard the amenities of neighbours by restricting the intensiveness of the use and preventing the site from operating as a livery / riding school. The use of semi-rural roads by people to exercise horses is not unusual. By restricting the maximum number of horses grazing at the site to 15 this should prevent exercising of horses from the site along Hugh Lane from causing undue disturbance to nearby residential properties. In response to concerns raised by neighbours with regards to vermin, Environmental Health has recommended a condition for pest (vermin) control measures. The owner of an adjacent field has raised concern at the potential for horses to break through existing boundary fencing and cause damage to neighbouring fields. The securing of boundaries is the responsibility of the applicant and any damaged caused to neighbouring fields by the horses would be legal matter between the parties involved. The applicant has stated within supporting information that the site is being leased from the owner for a five year period. Given the potential that such uses have to gradually grow or alter over time a temporary approval for three years, which can be applied to be renewed, would be prudent. CONCLUSION The proposal is considered to be acceptable in principle in terms of Green Belt policy. The proposal would not have a detrimental impact on the character and appearance of the area and the traffic generated is not considered to be materially greater than potential volume of traffic under the existing lawful use as an agricultural smallholding. The proposal is not considered to have an undue impact on the amenities of nearby residential properties. The proposed development complies with Policies D5, D11, QD1 and T10 of the South Ribble Local Plan and is therefore recommended for approval, subject to the imposition of conditions. RECOMMENDATION: Approval. RECOMMENDED CONDITIONS: 1. That the use hereby permitted shall be discontinued and the land restored to its former condition on or before the 11th January 2015. 6 REASON: To enable the Local Planning Authority to retain control over the use of the land. 2. That the total number of horses / ponies on the site at any one time, including those stabled in the barn, shall not exceed 15. REASON: To safeguard the living conditions of neighbouring residents in accordance with Quality of Development Policy QD1 in the South Ribble Local Plan. 3. That the stables hereby approved shall be used for private purposes only. They shall not be used in part or whole for any commercial livery, equestrian event or other such use. REASON: To safeguard the living conditions of neighbouring residents in accordance with Quality of Development Policy QD1 in the South Ribble Local Plan. 4. That within 1 month of the date of this permission a Manure Management Plan, for the collection, containment and removal of the manure, shall be submitted to the Local Planning Authority for approval in writing. The approved scheme then be implemented and shall remain operational for the duration of the approved use. REASON: In the interests of amenity of neighbouring residents and to prevent pollution of the water environment in accordance with Quality of Development Policy QD1 and Environment Policy ENV22 in the South Ribble Local Plan. 5. The site shall be maintained clear of vermin for the duration of the approved use. All equine animal feed that is stored on site shall be contained in rodent proof receptacles. REASON: To safeguard and protect the living conditions of neighbouring residents in accordance with Quality of Development Policy QD1 in the South Ribble Local Plan. 6. That within 1 month of the date of this permission a plan of the site shall be submitted to the Local Planning Authority for approval which demonstrates that six 5.0 metres x 2.4 metres spaces for parking cars and an adequate turning circle for a horse box and vehicle can be accommodated fully within the site. The agreed scheme shall then be provided and maintained for the duration of the approved use. REASON: In the interests of highway safety so as to accord with Policies QD1 and T10 of the South Ribble Local Plan. 7. That within 1 month of the date of this permission sight line clearance of low branches on the tree immediately to the south of the access with Hugh Lane shall be undertaken to provide a clear 2.0 metres by 33 metres sight line to the south of the access with Hugh Lane. The land within these splays shall be maintained free from obstructions such as walls, fences, trees, hedges, shrubs, ground growth or other structures within the splays in excess of 1.0 metre in height above the height at the centre line of the adjacent carriageway. REASON: In the interest of highway safety in accordance with Quality of Development Policy QD1 and Transport Policy T7 in the South Ribble Local Plan. RELEVANT POLICY D5 D11 QD1 T10 Development in the Green Belt Best & Most Versatile Agricultural Land Design Criteria for New Development Parking Standards 7