Agenda item

(Director of Governance) To consider the attached report for change of use of an agricultural barn to a 2 bed dwelling (DEV-009-2016/17).

The Assistant Director of Governance (Development Management) presented a report for the change of use of an agricultural barn to a 2-bedroomed dwelling at Highlands Farm, Old Rectory Road in Stanford Rivers. The application was before the Committee because, although the planning application itself was agreed by Area Planning Sub-Committee East at its meeting on 13 July 2016, the deed of release from the existing Section 106 Agreement on the site was not. Consequently, the application was referred to this Committee under the Minority Reference rules (Part 4, “Council Rules”, Rule M2 refers) within the Constitution.

The Assistant Director stated that the site was a rectangular plot of land with an access road situated on the east side of Old Rectory Road in Stanford Rivers. The site currently contained a two-storey timber framed and boarded barn, with office space on the first floor, in the north east corner of the site and a yard area. To the west of the site poultry was kept in a well treed area, and there were open fields to the south east. The site was well screened by mature trees and was within the Metropolitan Green Belt. The proposal also included a parking area and garden within the existing yard area.

The Assistant Director reported that the main issues for this application were the design, impact on neighbours and the impact on the Green Belt. Planning Officers had concluded that the conversion of the barn would not result in a harmful impact to the openness of the Green Belt or conflict with the purposes of including land within the Green Belt. The design was considered acceptable and the nearest neighbours were over 350 metres from the site and their amenity would not be affected.

The Assistant Director highlighted that, in respect of the existing Section 106 Legal Agreement, when permission was granted for the retention of the barn in 2007 (EPF/1721/07 refers) there was a concern the building could be used for residential purposes; hence the legal agreement to prevent this. The National Planning Policy Framework now permitted the re-use of buildings provided they were of a permanent and substantial construction. The current barn building clearly was, and for the application to be implemented, a deed of release would need to be authorised by the Committee as the grant of planning permission alone would not override the legal agreement.

The Committee noted the summary of representations, and that the only objection received was from Stanford Rivers Parish Council. There had been no letters of support received for the application. There were no public speakers registered and the Committee proceeded to debate the application.

The Committee felt that the barn was a sizeable building capable of conversion, and would not impact on the openness of the Green Belt as it was very well screened by mature trees. The Committee felt that the legal agreement had served its purpose for 10 years and was in favour of its release.

Decision:

(1)        That planning application EPF/1179/16 at Highlands Farm, Old Rectory Road in Stanford Rivers be granted permission, subject to the following conditions:

1.         The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this notice.

2.         The development hereby permitted will be completed strictly in accordance with the approved drawings nos: 9881-01, 9881-02, 9881-03, 9881-04, 9881-06 and 9881-07.

3.         Materials to be used for the external finishes of the proposed development shall match those of the existing building, unless otherwise agreed in writing by the Local Planning Authority.

4.         No development shall take place until details of foul and surface water disposal have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such agreed details.

5.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended (or any other Order revoking, further amending or re-enacting that Order) no development generally permitted by virtue of Class A-E inclusive of Part 1 of Schedule 2 to the Order  shall be undertaken without the prior written permission of the Local Planning Authority.

6.         No development shall take place until a Phase 1 Land Contamination investigation has been carried out. A protocol for the investigation shall be submitted to and approved in writing by the Local Planning Authority before commencement of the Phase 1 investigation. The completed Phase 1 report shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of any necessary Phase 2 investigation. The report shall assess potential risks to present and proposed humans, property including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, archaeological sites and ancient monuments and the investigation must be conducted in accordance with DEFRA and the Environment Agency's "Model Procedures for the Management of Land Contamination, CLR 11", or any subsequent version or additional regulatory guidance.

[Note: This condition must be formally discharged by the Local Planning     Authority before the submission of details pursuant to the Phase 2 site investigation condition that follows.]

7.         Should the Phase 1 Land Contamination preliminary risk assessment carried out under the above condition identify the presence of potentially unacceptable risks, no development shall take place until a Phase 2 site investigation has been carried out. A protocol for the investigation shall be submitted to and approved by the Local Planning Authority before commencement of the Phase 2 investigation. The completed Phase 2 investigation report, together with any necessary outline remediation options, shall be submitted to and approved by the Local Planning Authority prior to any redevelopment or remediation works being carried out. The report shall assess potential risks to present and proposed humans, property including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, archaeological sites and ancient monuments and the investigation must be conducted in accordance with DEFRA and the Environment Agency's "Model Procedures for the Management of Land Contamination, CLR 11", or any subsequent version or additional regulatory guidance.

[Note: This condition must be formally discharged by the Local Planning     Authority before the submission of details pursuant to the remediation scheme condition that follows.]

8.         Should Land Contamination Remediation Works be identified as necessary under the above condition, no development shall take place until a detailed remediation scheme to bring the site to a condition suitable for the intended use has been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved remediation scheme unless otherwise agreed in writing by the Local Planning Authority. The remediation scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures and any necessary long term maintenance and monitoring programme. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 or any subsequent version, in relation to the intended use of the land after remediation.

[Note: This condition must be formally discharged by the Local Planning     Authority before the submission of details pursuant to the verification report condition that follows.]

9.         Following completion of measures identified in the approved remediation scheme and prior to the first use or occupation of the development, a verification report that demonstrates the effectiveness of the remediation carried out must be produced together with any necessary monitoring and maintenance programme and copies of any waste transfer notes relating to exported and imported soils shall be submitted to the Local Planning Authority for approval. The approved monitoring and maintenance programme shall be implemented. 

10.       In the event that any evidence of potential contamination is found at any time when carrying out the approved development that was not previously identified in the approved Phase 2 report, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with a methodology previously approved by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme, a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with the immediately above condition. 

11.       Gates shall not be erected on the vehicular access to the site without the prior written approval of the Local Planning Authority.

(2)        That authority be given to authorise a deed of release from the requirements of the Section 106 agreement attached to EPF/1721/07 concerning the site at Highlands Farm, Old Rectory Road in Stanford Rivers.