PARISH Tibshelf
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APPLICATION
Erection of one mobile field shelter and to put roof sides on existing
frame to form field shelter.12/00549/FUL
LOCATION
Land to the north of Ivy Cottage, Pewit Lane, Tibshelf
APPLICANT
Mrs W Richmond
APPLICATION NO. 12/00549/FUL
FILE NO H2666
CASE OFFICER
Mrs Kay Crago
DATE RECEIVED 14/11/12
DELEGATED APPLICATION
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SITE Area of land used for equestrian purposes. One large barn at the site and a ménage.
Residential property and seasonal caravan site to the south, open countryside to the north,
west and east. Hedgerow to frontage of the site. Fields divided into grazing areas with electric
fencing. In a paddock to the north of the application site there is a timber framed structure
with no roof or walls.
PROPOSAL Siting of one timber shelter measuring 16 feet x 10ft, height 6ft 10 inches.
(4.8x3.04x 2m).
Proposed materials: Featheredge timber to three sides, onduline material to the roof. This
shelter is to be erected to the furthest north eastern corner of the application site. The shelter
is described as being mobile.
The second element of the application involves the cladding of three sides to the existing
timber framed structure and roofed with onduline. The timber framed structure is sited to the
eastern boundary of the application site, screened from view by existing vegetation.
AMENDMENTS
Email received 17/01/13 giving height of mobile shelter as 2.08m 17/01/13
Email received 23/01/12 giving height of timber framed structure as 3.048m at the front and
2.4m to the rear.
HISTORY 12/00152/VAR - Removal of condition 6 (which limited use of the land to applicants
and dependant relatives) of 08/00010/FUL granted 26/07/12
08/00010/FUL - Change of use from agricultural to equestrian, erection of equestrian barn
and erection of ménage granted planning permission 27/02/12.
CONSULTATIONS Parish Council. Awaited
DCC (Highways). No objection subject to the use of field shelter remaining in association with
the current authorised use of the site. 6/12/12
PUBLICITY Site notice posted and 2 properties notified. One letter of objection received.
Grounds of objection: There is an existing building on the site to house horses, extra buildings
not necessary and the existing building should be used for horses and not increasing number
of people. Two horses have been put down at the site and then replaced by other horses.
Almost every condition has been breached at some time.
POLICY
NPPF Proposal does not conflict with objectives of the NPPF
Bolsover District Local Plan (BDLP)
Policies GEN1 Minimum Requirements for Development, GEN2 Impact of Development on
the Environment, ENV3 Development in the Countryside.
Other (specify) N/A
ASSESSMENT
The main issue with this application relates to the impact of the proposed development on the
character of the area.
Policy ENV3 states that outside settlement frameworks planning permission will only be
granted for development which is necessary in such a location, OR is required for the
exploitation of sources of renewable energy, OR would result in a significant improvement to
the rural environment OR would benefit the local community through the reclamation or re use
of land. Other criteria require developments to be environmentally sustainable, would not
seriously undermine the vitality and viability of existing town or local centres, would not
materially harm the rural landscape and would avoid the coalescence of distinct settlements.
It is accepted that equestrian uses are generally confined to rural areas. It is considered that
in principle the development is acceptable. Pre-application discussions identified the possible
locations for the two shelters. One shelter would be screened from view by existing trees
although the retention of these trees is not within the control of the applicant. The second
shelter is to be located at the furthest point of the application site where distance from
residential property and public highways is such that it would not be visually prominent. The
proposed materials and design of the shelters are considered to be acceptable. The shelters
will have one open side and will not therefore require additional visits from horse owners to
open them on a daily basis. The applicant has applied for shelters to provide shelter during
inclement weather. The site has been visited by the RSPCA following complaints regarding
animal welfare. The applicant has stated that the horses were found to be in good condition
but wants to avoid more complaints. Three loose boxes are available within the large barn
and can also be used if required.
There is a strong objection from a neighbouring property. Some of the concerns raised by the
objector are not planning considerations; other points raised have been dealt with via
previous involvement of planning and enforcement officers. Concerns regarding the breech of
conditions will be investigated as necessary.
It is considered that the erection of one shelter and the creation of a second shelter out of the
existing timber framed structure is acceptable and will not have an adverse impact upon the
character of the area. A condition on the previous permission requires the number of horses
kept at the site to be limited to 7 by 31/08/2014. It is not therefore considered that additional
shelters will be required at this site. Whilst one shelter is described as being mobile, it is
considered that moving the shelter may increase its prominence within the countryside. A
condition should be attached to any permission to restrict the movement of the shelter unless
siting has first been agreed in writing with the LPA.
In respect of highway considerations, no objections have been raised by the highway
authority, subject to the shelters remaining in association with the current authorised use of
the site. The proposal is considered to meet the requirements of policy GEN1 of the BDLP.
Other Matters
PPS3, Greenfield/Brownfield, Density: Brownfield
Listed Building: N/A
Conservation Area: N/A
Crime and Disorder: No specific crime and disorder issues identified.
Equalities: No specific equalities issues identified.
Access for Disabled: N/A
Trees (Preservation and Planting): None affected
SSSI Impacts: N/A
Biodiversity: No significant impact
Human Rights: N/A
RECOMMENDATION Approve subject to conditions.
1. Start within 3 years
2. Unless otherwise approved in writing by the Local Planning Authority the mobile shelter
shall not be moved from the position indicated on the submitted plans.
3. The roof covering to both shelters shall be dark green or black in colour and shall be
retained unless an alternative is first approved in writing by the Local Planning
Authority.
4. The walls to the timber framed structure shall be constructed out of timber with a
stained finish.
Summary of Reasons for Granting Planning Permission
Consideration has been given to the issues raised. The proposed development meets the
requirements of policy. Conditions have been imposed to address issues raised.
Summary of main development plan policy. ENV 3 Development in the Countryside.
Note to applicant
It is unlikely that planning permission will be granted for additional shelters at this site. You
are advised to look at ways of securing personal possessions within the large barn to enable
the daily use of the stables for horses.
Statement of Decision Process
The proposal complies with the policies and guidelines adopted by the Council and the
decision has been taken in accord with the guidelines of the National Planning Policy
Framework.
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Officer
Kay Crago
Endorsing Officer
Peter Sawdon
Date
25/01/13
Date 23/01/13
(refusals/objections/
referrals to 3rd officer)
Determining Officer
S. Phillipson
Date 29.01.13