ITEM 6
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 maximum of 11
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
INTRODUCTION
The application was previously considered at the Planning Committee meeting on the 25th
January 2012 where the application was deferred so that Officers could review the
recommended conditions with the applicant. The review of the conditions has since taken
place and the applicant has also decided to reduce the maximum number of horses on the
site applied for from 15 to 11 horses.
SUMMARY
The application relates to a three 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’.
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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 livestock, comprises currently of four 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 11
horses including the change of use of the existing barn from agricultural use to the stabling of
four horses and storage for animal feed. No building works are proposed as part of this
application.
Information received from the applicant states that of the seven horses currently present on
the site, the four horses that are stabled in the barn belong to her and her family. These
horses in the ownership of applicant and her family 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. The applicant has stated that the
owners of the ‘grazing’ horses only graze them at the site (i.e. no exercising of the horses
takes place) for part of the year. Supplementary feeding of the ‘grazing’ horses takes place
at times.
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 11 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 three 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, has been modified to comprise of
four horse bays in total, two either side of a central storage area. At the time of the Officer’s
most recent site visit at the beginning of February a total of seven horses/ponies were
present on the this.
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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
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
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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,
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 11
horses including the change of use of the existing barn from agricultural use to the stabling of
four horses and storage for animal feed. The proposed maximum number of horses on the
site has been reduced from 15 at the request of the applicant following the deferral of the
application at the Planning Committee on the 25th January 2012. No building works are
proposed as part of this application.
Information received from the applicant states that of the seven horses currently present on
the site, the four horses that are stabled in the barn belong to her and her family. These
horses in the ownership of applicant and her family 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. The applicant has stated that the
owners of the ‘grazing’ horses only graze them at the site (i.e. no exercising of the horses
takes place) for part of the year. Supplementary feeding of the ‘grazing’ horses takes place
at times.
In addition to this, land within the site is sub-let part of the year for grazing which would
account for up to four other horses on the site. The applicant has stated that the owners of
these ‘grazing’ horses only graze them at the application site (i.e. no exercising of the horses
takes place). Supplementary feeding of the ‘grazing’ horses takes place at times.
REPRESENTATIONS
Three letters of objections were received from nearby residents and land owners.
summary of the points raised follows:
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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”.
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.” From the LPA’s records, the period of agricultural use of the barn extended
from 2002 through to at least 2008. 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 shelter is provided, with only a
limited amount of care provided by the applicant in terms of occasional supplementary
feeding. This, by definition, constitutes a form of grass livery where horse owners are
provided with a field in which to keep their horse but no stabling is provided. Grass liveries
are the least formal and the least intense type of livery and in most cases, on agricultural
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fields, would not require planning permission in its own right. 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 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 securing of sight lines and the stables are restricted to private use. The
existing parking / manoeuvring area in front of the barn has been assessed by Officers and is
capable of accommodating six car parking spaces and a turning circle for a horse box and
vehicle. Condition 6 would ensure that this area is kept free for the parking and manoeuvring
of vehicles.
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 seven grazing horses and 48
calves, has the potential to generate a sizeable volume of traffic. The change of use of the
site to accommodate a maximum of 11 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 11, 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
barn for only the applicant’s and her immediate family’s horses 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 11 this should minimise 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. During the visits the site
Officers witnessed the storage of feed in containers. Such a condition as requested by
Environmental Health would ensure that such practices continue.
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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
recently installed electric fences on the site to protect the boundaries. Horse welfare issues
have also been raised by neighbours in terms of the number of horses grazing the land. The
number of horses, which includes ponies, applied for has been reduced by the applicant
therefore providing the grazing horses on the site a larger area to graze per horse. The
applicant has also confirmed that supplementary feeding takes place when necessary and
that the horses stabled in the barn are regularly provided with feed. Given this the Officers
consider that there are no horse welfare issues.
The applicant has stated within supporting information that the site is being leased from the
owner for a five year period. A temporary permission, for a period of three years, would
allow the Local Planning Authority to monitor the use of the site, as well as the potential for
the activity on the site to increase, whilst considering if any adverse impact are acceptable.
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 including those restricting the maximum number of horses on the site and
restricting the use of the barn to provide shelter for the applicant’s and her immediate family’s
horses / ponies only.
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 25th February 2015.
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 11.
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 to provide shelter for the applicant’s
and her immediate family’s horses / ponies 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 within 1 month of approval and shall remain operational for the duration
of the approved use.
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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 the area of land highlighted in green on the location plan referenced 'Plan A'
shall be retained and maintained for the parking and manoeuvring of cars, vehicles
and trailers and be kept free of obstructions for the duration of the approved use for
use of the parking of cars and vehicles.
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
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