To receive a report of the Head of Planning and Regeneration regarding this application.
Minutes:
The Committee had before it a report * of the Head of Planning and Regeneration regarding the above application. The Area Planning Officer outlined the contents of the report highlighting by way of presentation the site location plan, the proposed accommodation for animals and waste, the dung spreading plan, proposed floor space and elevations, google photographs identifying the location of the neighbouring properties adjacent to some of the original buildings and photographs from various aspects of the site. He also highlighted the proposed highway improvements identifying the dedicated access for construction on the site. He stated that he felt that the proposal was in line with Policy DM22 of the Local Plan Part 3 (Development Management Policies).
Consideration was given to:
· Whether the cows would be housed all year round
· The use of some of the existing buildings
· The reinstatement of a dairy holding on Newton Farm
· Concerns of the objectors with regard to the increased size of the business on the holding, access issues and the impact of the proposal on the local road network
· Farming in the countryside
· The proposed traffic management plan.
RESOLVED that planning permission be granted subject to conditions as recommended by the Head of Planning and Regeneration.
(Proposed by Cllr J D Squire and seconded by Cllr Mrs H Bainbridge)
Notes:
i) Cllr Mrs F J Colthorpe declared a personal interest as some of the objectors were known to her;
ii) Cllr P J Heal declared a personal interest as his son managed a dairy farm in the local area;
iii) Mr Lawson (applicant) spoke;
iv) Mr Boughton spoke on behalf of the objectors;
v) Cllr J M Downes requested that his abstention from voting be recorded;
(vi) The following late information was reported: 7th March 2016 - Revised Design and Access Statement (received 29th February 2016) Only change from that previously submitted: reference made to use of Profile 6 fibre cement sheets in anthracite grey. This change is as previously requested by the Local Planning Authority (see below)
8th March - The following email has been received from the applicant’s agents on 8/03, following notification by the Case officer that the agent had incorrectly completed certificate A and not certificate B when submitting the application. Certificate A is applicable to applicants who own the land that constitutes the application – in this case the applicant has an option to purchase at this point in time. Certificate B is applicable to applicants who don’t have an interest in the application site, and Certificate B establishes for the benefit of the local planning authority that the applicant has notified the owner that the application scheme has been submitted for consideration.
“ I can confirm that the Land Owner has been aware of the Lawson's intentions to submit the two applications when they first met back in February 2015 and he was furnished with a set of the original plans, showing the current size and location of the buildings, prior to the current applications (15/01994/FULL & 15/01996/MFUL) being submitted on the 17-12-2015.
I hope that this clears up the question raised yesterday and doesn't effect the recommendation for approval due to a technical oversight that has been missed by everyone until the 11th hour 12 weeks after submission.
There has never been any intention to submit the applications without the knowledge of the land owner and we would like to stress this point should it be raised by the objectors during the committee meeting”.
9th March 2016 – Information received from the applicant.
17th February 2015
The applicants first met the landowners at Lower Newton Farm, having been told that the farm was to be sold. We discussed with David the field beside the existing buildings and the possibility of erecting a large building there, the size of the building and the position was pointed out to him.
6th March 2015
The applicants and (farm consultant to H.Lawson and Partners) visited the farm again. After walking around the farm, further lengthy discussion was had with the landowners. An offer was made to buy the farm, subject to planning consent being granted. The landowner brought up about the water main that goes through the field in question and pointed out the position of the water main to us. Further lengthy discussion about the size and reposition (to avoid the water main) of the proposed new building was had.
21st May 2015
The Local Planning Authority case officer attended the site for a pre-app visit. The applicants and the landowner were in attendance. The size and position of the building was marked out.
Late September 2015
After meeting with 6 neighbours on 19/6/2015 and realising their opposition to the 1st planning application, it was withdrawn.
16th October 2015
The applicants met with his construction consultant to discuss the suitability of the 2 sites suggested in Savills report. Discussed with the landowner the suitability of these sites for the building and he suggested looking at a third site. On measuring the landowners suggested site, it was ruled out owing to the visual impact on the residents at Leigh Cross.
3rd November 2015
The applicants and the Local Planning Authority Case Officer c met on the proposed site of the second planning application, for a pre app visit. Following that the landowners were visited by the applicants and informed that they would put in an application on the second site and gave them a copy of the proposed layout in the field. Further discussions were held regarding our purchase of lower Newton farm. They were informed that this would happen as soon as the planning application was successful.
12th November 2015
E mail received from the landowner saying he would like a deposit for the farm by the beginning of February 2016.
17th November 2015
The applicant spoke to the landowner to ascertain that he would definitely sell them the farm if a 2nd planning application were successful. This was to make sure it was worth while putting this in. The landowner confirmed that he would sell us his farm.
Subsequently the 2nd planning application was submitted.
Most of the agreement between the landowner and the applicant has been done verbally and on trust.
With regards to Condition 7 of the recommendation the reason for Condition 7 should be:
Reason: To minimise the impact of the development on the general amenities of the area in accordance with policy DM2 of Local Plan Part 3.
(vii) *Report previously circulated, copy attached to minutes;
Supporting documents: