Agenda item

(Director of Governance) To consider the attached report for change of use of former farm office and dairy building and barn to create one live/work unit (DEV-001-2015/16).

The Assistant Director of Governance (Development Control) presented a report for the change of use of a former farm office and diary building and barn to create one live/work unit at Barkers Farm in Mount End Road, Theydon Mount. The proposal also included the infilling of an undercroft area to form a living room. The front elevation would be enclosed by glazed bi-fold doors.

The Assistant Director informed the Committee that this application was originally considered by Area Plans Sub-Committee East on 15 April 2015. A motion to refuse the application on the grounds that it would compromise the openness of the Green Belt and was not a sustainable location for residential development was lost; the Planning Officer’s recommendation to approve the application was then agreed. However, five members invoked the minority reference rules within the Constitution to refer the application to this Committee for a final decision.

The Assistant Director stated that the application site was situated on the east side of Mount End Road, and was within the Metropolitan Green Belt. The site comprised a substantial two-storey brick building originally constructed as a diary building and farm office. A single-storey wing extended to the rear and extended up to a substantial modern barn, which was now divided into four units. The site also included a large tarmac surfaced area and a grassed area south of the former diary and barn.

The Assistant Director highlighted that the site had a history of planning permission being refused and a subsequent appeal dismissed on the grounds there was no evidence of agricultural need for the proposed dwelling. Since the publication of the National Planning Policy Framework, the issue of agricultural need was no longer relevant and there was a different planning policy context by which to determine this application.

The Assistant Director reported that the main issues to consider were the appropriateness of the development in the Green Belt, the sustainability of the development, and the living conditions for the neighbouring dwellings. Particular reference was made to paragraph 90 of the National Planning Policy Framework, which made clear that the re-use of buildings in the Green Belt was not inappropriate provided the buildings were of a permanent and substantial construction, the new use preserved the openness of the Green Belt, and did not conflict with the purposes of including land in the Green Belt. In relation to this, Officers had concluded that the proposal was not inappropriate development in the Green Belt, would not cause undue harm, and therefore had complied with the relevant planning policies.

The Committee noted the summary of representations received in relation to the application. Two letters had been received objecting to the application, of which one was from the Parish Council; both objections were opposed to the establishment of a dwelling on this site. The Committee heard from the applicant’s agent before proceeding to debate the application.

The local Member for Passingford supported the objection made by the Parish Council and stated that none of the current buildings on the site were constructed with prior planning approval, only retrospective approval which was resented by local residents. There had never been any goat farming on the site, and this called into question any potential business or work use on the site in the future. The Member was concerned that the dismissal of the planning appeal to prevent residential use of the site under the previous planning guidelines was now considered irrelevant under the National Planning Policy Framework. If the application was to be granted then the Member requested a new condition to prevent the blocking of the archway as any glazing or doors there would affect the openness of the Green Belt.

In response to questions from other Members , the Assistant Director confirmed that the planning history of the site was now irrelevant due to the National Planning Policy Framework, and that the Committee should only consider the proposed conversion of the buildings. The barn behind the residential building was the proposed ‘work’ unit, and conditions 3 and 4 would remove the permitted development rights at the property.

A local Member for Chigwell Village sympathised with the residents and Parish Council regarding the apparent disregard for the planning rules in the past at this site. The Member requested further clarity from the Assistant Director regarding the limit and scope of the re-use of buildings within the Green Belt in the National Planning Policy Framework.

The Assistant Director reminded the Committee that it was paragraph 90 of the National Planning Policy Framework which was relevant in this case. Buildings had to be of a permanent and substantial nature to be re-used, and also had to preserve the openness of the Green Belt. The new use could potentially be any use. Planning Officers had also considered that the proposed application would lead to fewer vehicle movements to and from the site.

The Officer’s recommendation to grant planning consent was narrowly lost. The Chairman requested a motion for refusal, with reasons, but none was forthcoming. The Committee had concerns about the precise scope of paragraph 90 of the National Planning Policy Framework, and the way in which it was being interpreted in this case. A motion was put forward to defer this application to the next meeting of the Committee, pending the obtaining of further legal advice on this aspect of the National Planning Policy Framework.

Resolved:

(1)        That the consideration of planning application EPF/3005/14 at Barkers Farm in Mount End Road, Theydon Mount be deferred until the next meeting of the Committee scheduled for 5 August 2015 pending the receipt of further legal advice concerning paragraph 90 of the National Planning Policy Framework.