PARISH
Tibshelf
__________________________________________________________________________
APPLICATION
LOCATION
Erection of 3 wooden framed stables
Field At Junction Of Newton Road On Western Side Of Sunny Bank
Tibshelf
APPLICANT
Mrs Christine Allsop-Payne
APPLICATION NO. 12/00460/FUL
FILE NO. PP-02228663
CASE OFFICER
Mr Steve Kimberley
DATE RECEIVED 3rd October 2012
DELEGATED APPLICATION
__________________________________________________________________________
SITE The stables are to be sited in a field which is outside of the designated settlement
framework but close to the settlement of Tibshelf. The application site includes other fields in
the vicinity. The land is surrounded by other agricultural uses with a former railway line now
operating as a trail on the eastern boundary. This trail used by the public is on an
embankment so higher than the proposal. To the south is a high hedgerow which forms the
boundary to the classified highway whilst other boundaries are formed either by unkempt
hedging (mainly hawthorn) or post and rail fencing.
PROPOSAL The proposal is for the erection of a stables building housing three stables. The
stables would measure 11.17m in width and 3.25m in width. They would have a height at the
front of 3.04m with a height at the rear of 2.9m to allow for a low pitched roof. Materials are a
wooden frame with metal profile sheets finished in green with timber stable doors. The use of
the stables is to provide stabling for up to three horses. Access to the site is via existing field
accesses off Sunny Bank lane.
AMENDMENTS
The agent has confirmed verbally that the two existing field shelters are
to remain on site. 05/12/2012
HISTORY (if relevant)
03/00544/RETRO Erection of three field shelters for horses. Approved 6th October 2003 with
a restriction that there should be no more than five horses.
00/00375/FUL Erection of single storey stable block with W.C and construction of new
driveway. Refused 22/12/2000 The proposal was for breeze block constructed stables with a
roof of double roman roof tiles, new driveway and hardstanding area.
CONSULTATIONS
Derbyshire County Council Highway Authority – Main concern from a Highway point of view is
that the exit visibility form Sunny Bank to Newton Road is severely substandard in the non
critical direction. Moreover this visibility could not be improved due to the existing bridge.
Whilst they consider that vehicular activity could increase given the existing use it is felt that a
Highway objection is unlikely to be sustainable. Recommend that conditions be attached to
any permission asking that the use shall be for the private use of the applicant only and that
there should be no gates within 10m of the nearside highway boundary. 04/12/2012
The Coal Authority – As there are no substantial foundations required do not consider that a
coal mining risk assessment is required. Do not object to the planning application but ask for
an informative note to be added to any permission.
Police Crime Prevention Design Advisor - No issues with the proposal as submitted. Note
that whilst there have been no fire incidents in the area this year there were three such
incidents in 2011. Recommend that the applicants are allowed to construct using non
flammable materials unless there are overriding planning considerations. 19/1/2012
Environmental Health – No objections. 26/11/2012
Tibshelf Parish Council – No response by 6th December 2012
PUBLICITY Site notice posted. No representations received.
POLICY
Bolsover District Local Plan (BDLP)
GEN1 (Minimum requirements for development), GEN2 (Impact of the development on the
Environment), GEN10 (Important Open Areas), and ENV3 (Development in the Countryside)
National Planning Policy Framework
ASSESSMENT
The main issues for consideration are the impact of the proposal on the character and
appearance of the area and the important open area, and the impact on Highway safety.
The proposal is for a stable block comprising three stables to be positioned in a filed
accessed off Sunny Bank. The land already has planning permission for equestrian uses
which are considered as appropriate in the countryside. The stables will be screened from the
nearest main highway, Newton Road, by the existing high hedge which forms the boundary to
that road. The size of the stable block is considered appropriate for the use by three horses.
The design does not use timber for all elements as the applicant is concerned over potential
fire risk of an all timber construction. The Crime Prevention Design advisor has agreed that
there is a fire risk in the area and considers that a metal construction is appropriate. Whilst an
all timber construction would be preferred the use of green coloured metal sheeting will help
to blend the stables into the background and minimise its impact on the area. Given the need
for security and protection against fire risk it is not considered inappropriate to use metal
sheets. It is noted that there has been previously a refusal for stables in this area but that
application was of a more domestic looking building with fully roof tiled roof and included a
hardstanding area and new driveway. This proposal would have a much greater urbanising
impact on the area than the current proposal and consequently is not considered to set a
precedent for the current application.
Overall it is felt that the design, location and finish of the stables will ensure that the impact on
the character and appearance of the area and the impact on openness of the Important Open
Area will not be so significant as to warrant a refusal of permission.
The Highway Authority has been consulted on the proposal and is concerned over the access
but accept that given the current use of the fields a highway objection would not be
sustainable. It is noted that previous permission controlled the number of horses in order to
control vehicular activity on the site and it is considered as appropriate to re-impose this
condition.
Whilst the Highway Authority has asked for gates to be set back this is not considered as
reasonable given this location, the likely level of use. Moreover Sunny Bank itself is land
which appears to be in the control of Derbyshire County Council who can therefore ensure no
gates are placed on Sunny Bank.
It is accepted that the use shall be for personal use only and that no commercial or business
use should be carried out which could potentially increase vehicle use. This can be clarified
with a note.
Other Matters
Listed Building:
Conservation Area:
Crime and Disorder:
Equalities:
Access for Disabled:
Trees (Preservation and Planting):
SSSI Impacts:
Biodiversity:
Human Rights:
n/a
n/a
see above report
no known issues
no known issues
none effected
n/a
no known issues
no known issues
Conclusions/Reasons for Approval
The proposal is generally in accord with the terms of development plan policy. Consideration
has been given to the effect of the development on the character and appearance of the area
and the impact on highway safety and no significant material impacts which cannot be
controlled by condition have arisen such as to warrant the refusal of permission.
The main development plan policies applicable:
GEN1 (Minimum requirements for development) GEN2 (Impact of the development on the
Environment) GEN10 (Important Open Areas) and ENV3 (Development in the Countryside)
RECOMMENDATION
Grant subject to the following conditions
1) A101
2) The roof, sides and back of the stables shall be in box profile metal sheeting finished in
RAL6002 or RAL6005 dark green colour.
3) No more than five horses in total shall be kept on the site at any one time.
4) No caravans as defined in the Caravan Sites and Control of Development Act 1960
and the Caravan Sites Act 1968, for use in the association with or ancillary to, the use
hereby permitted shall be stationed or brought onto the land at any time.
Reasons
1) Y101
2) Y132 – GEN2 (Impact of the development on the Environment)
3) To ensure that the level of activity on the site is at a level that will not significantly
increase the use of the access onto Newton Road in the interests of highway safety
and in compliance with policy GEN1 (Minimum requirements for development) of the
adopted Local Plan.
4) In order to retain control over the visual amenity of the countryside and in accordance
with policies ENV3 (Development in the Countryside) and GEN2 (Impact of the
development on the Environment)
Notes
1) The proposed development lies within a coal mining area which may contain
unrecorded mining related hazards. If any coal mining feature is encountered during
development this should be reported to The Coal Authority. Any intrusive activities
which disturb or enter coal seams, coal mine workings, or coal mine entries (shafts or
adits) requires the prior written permission of the Coal Authority.
2) The applicant should note that any commercial or business use (including full, part or
DIY livery) would require the granting of a separate permission. In addition the
applicant should note that any subdivision of land or intensification of the use hereby
permitted (by introducing additional users) may represent a material change to the
current permitted use and may require a further permission.
__________________________________________________________________________
Officer Steve Kimberley
Endorsing Officer
Determining Officer Peter Sawdon
Date
Date
(refusals/objections/
referrals to 3rd officer)
Date 11/12/12
06/12/12