Ward: Fishbourne. Bethwines Farm Blackboy Lane Fishbourne Chichester West Sussex PO18 8B

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1 Parish: Fishbourne Ward: Fishbourne FB/16/00961/FUL Proposal New pitched roof to the bunker building. Site Bethwines Farm Blackboy Lane Fishbourne Chichester West Sussex PO18 8B Map Ref (E) (N) Applicant Fishbourne Developments Ltd RECOMMENDATION TO PERMIT T TO SCALE Note: Do not scale from map. For information only. Reproduced from the Ordnance Survey Mapping with the permission of the controller of Her Majesty's Stationery Office, Crown Copyright. License No Reason for Committee Referral Parish Objection - Officer recommends Permit

2 2.0 The Site and Surroundings 2.1 The site is located on the western side of Blackboy Lane in Fishbourne and to the west of Bethwines Close. The application site forms part of a complex of 9 farm buildings, within a wider arable field setting. The site is situated to the north west of Fishbourne train station and Fishbourne Centre. The buildings lie in a 'T' shape around the access road. 2.2 The site is accessed from Bethwines Close via a metal 5 bar gate and dirt access road. The farm complex is approximately 60m from the access gate. 2.3 The application relates to a small agricultural building, which lies between a large steel framed agricultural barn with low pitched roof and another steel framed building with a mono-pitch roof. The proposal building is a concrete structure with a flat corrugated metal roof. The building is currently in dilapidated in appearance with a large extent of vegetation, including extensive ivy growth, around the buildings walls and roof. The dimensions of the building are: 6.5m x 4.5m. The height of the flat roofed building is 2.8m. The building is used for the storage of agricultural hand tools and other ancillary equipment. 3.0 The Proposal 3.1 This application proposes the removal of the flat roof and to erect a new pitched roof, with a ridge height of 4.5m. The pitched roof is proposed to have a tiled roof, the details of which are to be agreed with the LPA. The change is roof profile is required to allow the continued use of the building for agriculture purposes. 3.2 In order to support the new pitched roof, an internal brick skin is required internal to the existing walls of the building. 4.0 History 08/02739/OUT WDN Erection of 200 dwellings, proposed country park, access and landscaping provision. 16/00962/COU WDN Change of use of the barn building from agriculture to Class B8 storage.

3 5.0 Constraints Listed Building Conservation Area Countryside AONB Tree Preservation Order South Downs National Park EA Flood Zone Historic Parks and Gardens YES 6.0 Representations and Consultations 6.1 Fishbourne Parish Council Fishbourne Parish Council wishes to record its OBJECTION to the above application in the name of Fishbourne Developments Ltd for a new pitched roof to the bunker building on Bethwines Farm. A modern, pitched roof would be incongruous among the surrounding rural buildings and would thus fail to meet the requirement in Policy D1 of the Fishbourne Neighbourhood Plan that development should respond to local character. Reflecting the identity of local surroundings and materials. More significantly, the application pays little attention to the potential impact on protected species or indeed how it has sought to assess this. Policy 49 of Chichester Local Plan: Key Policies (Biodiversity) lists six criteria all of which have to have been met before planning permission will be granted. The lack of evidence in the application makes it difficult to see how any of these criteria have been met. The potential loss of biodiversity (evidenced below) also conflicts with Policy ENV4 of the Fishbourne Neighbourhood Plan which states: Development proposals which would result in a loss of biodiversity will not normally be permitted unless they can demonstrate that appropriate mitigation can be provided. Paragraph 109 of the National Planning Policy Framework refers to the need to minimise impacts on biodiversity thereby contributing to the Government s commitment to halt the overall decline in biodiversity. Facilitating access to the building would involve a larger area than that of the building itself and this needs to be taken into consideration when considering the potential risks to biodiversity. Evidence of the potential risk comes in the Ecology Report from Bright Green Ecology which was submitted as part of 16/00962/COU. Having discussed the ecological implications of the change of use of the barn, the report goes on to describe the bunker building: a single storey concrete building and a sheet metal clad barn that are extensively overgrown with brambles, elder, bindweed, stinging nettles and ivy. This provides potential for nesting birds and refugia for reptiles and amphibians in their terrestrial phase. The report also mentions great crested newts in the pond, and slow worms in an adjacent tree stump. Given the significant risk of harm to protected species and the lack of any convincing evidence of urgent need for a pitched roof, the benefits of development cannot be said to outweigh any adverse impact on the biodiversity of the site (Policy 49 point 6 of the Chichester Local Plan) and therefore we urge the Planning Authority to REFUSE the application.

4 6.2 CDC Environmental Strategy Officer Species of note that are found on or near the site include; Stag Beetle Lucanus cervus, Hobby Falco Subbuteo, Barn Owl Tyto alba, Tall-clustered Thread-moss Bryum pallescens, Great Crested Newt Triturus cristatus, common reptile species and European Water Vole Arvicola amphibius. We are happy with the survey and subsequent report and addendum written and that this development is not to the detriment of the native species that we have highlighted. We find the reptile and breeding bird mitigation correct and wish to condition the mitigation in the ecological report. We would like to condition the placement of 1 roosting opportunity for bats Third Party Objection No need/ justification for roof change Biodiversity will be impacted Will impact on protected species The change in roof profile would be out of keeping with the associated larger barn The pitched roof would be prominence and increase visibility in the landscape The roof should be kept in the same profile Concerns raised to the loss of agricultural land resulting from the proposal Concerns raised that this application would result in further applications for housing 6.4 Applicant/Agent's Supporting Information The application was supported by: Covering letter Structural report Biodiversity Survey The applicant has amended the site plans to focus the red-line around the application building, rather than the wider farm complex. 7.0 Planning Policy The Development Plan 7.1 The Development Plan for the area comprises the Chichester Local Plan: Key Policies and all made neighbourhood plans. The Fishbourne Neighbourhood Plan was made on the 31 March 2016 and forms part of the Development Plan against which applications must be considered. 7.2 The principal planning policies relevant to the consideration of this application are as follows: Policy 1: Presumption in Favour of Sustainable Development Policy 2: Development Strategy and Settlement Hierarchy Policy 3: The Economy and Employment Provision Policy 40: Sustainable Design and Construction

5 Policy 45: Development in the Countryside Policy 46: Alterations, Change of Use and/or Re-use of Existing Buildings in the Countryside Policy 48: Natural Environment Policy 49: Biodiversity Policy 50: Development and Disturbance of Birds in Chichester and Langstone Harbours Special Protection Areas Fishbourne Neighbourhood Plan 7.3 The policies relevant to the consideration of this application are as follows: Policy D 1: Good Design Policy E 2: Sustainable Local Economy and Tourism Policy ENV 4: Biodiversity National Policy and Guidance 7.4 Government planning policy now comprises the National Planning Policy Framework (NPPF), paragraph 14 of which states: At the heart of the NPPF is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decisiontaking: For decision-taking this means unless material considerations indicate otherwise: - Approving development proposals that accord with the development plan without delay; and - Where the development plan is absent, silent or relevant policies are out-of-date, granting planning permission unless any adverse impacts of doing so would significantly or demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or specific policies in (the) Framework indicate development should be restricted. 7.5 Consideration should also be given to paragraph 17 (Core Planning Principles), 28 (Prosperous Rural Economy), Section 11: Conserving and enhancing the Natural Environment and pararaphs 215 and 216 (Implementation of Framework). Other Local Policy and Guidance 7.6 The aims and objectives of the Council's Sustainable Community Strategy are material to the determination of this planning application. These are: A1 - A strong local economy where businesses can thrive and grow B1 - Managing a changing environment B2 - Greener living B3 - Environmental Resources

6 8.0 Planning Comments 8.1 The main issues arising from this proposal are: i. Principle of development ii. Biodiversity impact Assessment i. Principle of Development 8.2 This application is for the erection of a new roof on an existing agricultural building outside of the Settlement Boundary for Fishbourne (as in the Made Neighbourhood Plan) and therefore the most applicable policies are Policy 45 and Policy 46 of the Chichester Local Plan (CLP) for development in the Countryside. Under Policy 46, in relation to alterations to a building, it must be demonstrated that 6 criteria are met and these are considered further below 8.3 It is noted that the application is accompanied by limited supporting information, including the absence of detail on the size of the agricultural unit the building supports. A report has been submitted during the course of consideration of another (now withdrawn) application (ref 16/00962/COU) on the same site by a third party, which includes a commissioned report by Henry Adams LLP on details of the agricultural unit and the assessment of agricultural impact of the change of use of another barn on the site. This report included a title plan of the Land ownership of Bethwines Farm which totals 47ha. Under Schedule 2, Part 6 (Class A) of the General Permitted Development Order 2015 the applicant could undertake these works under agricultural/ forestry permitted development rights as the holding is over 5ha. A blue line plan has been provided and this shows an area of ownership which exceeds 5ha and therefore this an alternative route for securing permission for the applicant. In the absence of a lawful development application this application is assessed under the criteria of Policy 45 and 46 and other material considerations. 8.4 Policy 46 of the CLP has 6 criteria which the application must comply with. The first of these criteria is that the building is demonstrated to be structurally sound. The applicant has provided a structural survey of the building carried out by Stride and Son. This report concludes that the building would require an internal skin of brickwork to safely support the new roof, without the need to rebuild the walls which are cracked. Such internal walls could be constructed without the need for planning permission. The existing building would not be required to be re-built. A condition is recommended to ensure that no re-building or extension of this building is undertaken to facilitate the development. 8.5 Criterion two (other economic uses) of Policy 46 of the CLP is not applicable as the use would remain agricultural, nor is criterion five (residential and holiday use) for the same reason. Criterion six (damage to a heritage asset) is also not considered relevant as the farm complex is not a heritage asset.

7 8.6 Criterion three of Policy 46 (CLP) requires the application to demonstrate that the proposal is complementary to and does not prejudice viable agricultural operations on a farm. The applicant has confirmed that the building will be used for agriculture, as it has been, and therefore there is no conflict on this point. The Agent has submitted further information and confirms there is no change to the existing agricultural use proposed. Both the submitting Structural Survey and Biodiversity Survey demonstrate the use of the building as ancillary to agriculture through the storage of hand tools and other small equipment. 8.7 Criterion four (Policy 46) requires that the form, bulk and general design of the building should be in keeping with its surroundings and that any associated development will not harm its landscape character and setting. The Bethwines Farm complex is prominent in the landscape, which is particularly flat, however, the group of buildings have an agricultural appearance and therefore in the context of the wider setting of arable fields they are not considered to be incongruous. The application site (and building) is seen within the context of the other agricultural buildings and due to the extensive overgrowth of vegetation around the building cannot currently be clearly identified from Blackboy Lane. The removal of the vegetation around the building and the erection of a pitched roof, would give the building a more noticeable appearance. The building would be more visible from the south-east (Blackboy Lane) but would still be shielded from wider views by other substantially larger buildings in the complex from views from the north, west and east. Despite an increase in prominence as a result of the pitched roof, the building would be continued to be seen as part of the agricultural complex. Due to the minimal impact on views and the ability to control materials, which is recommended to be controlled by condition, the new pitched roof would not appear incongruous in the landscape or detrimental to the character of this edge of settlement within an agricultural landscape setting. 8.8 The Parish Council has raised objection to the proposal as they state it conflicts with Policy D1 of the Fishbourne Neighbourhood Plan (FNP) which seeks for development to have an appropriate design which responds to local character and reflects the identity of local surroundings and materials. Having considered this policy and the points raised above, and the recommended condition requiring details of the roof tile to be approved by the LPA, this proposal is not considered to be in conflict with Policy D1 of the FNP. 8.9 Policy 45 of the CLP also relates to development in the countryside. This Policy has three criteria which applicants must demonstrate to have met in their proposal. These are similar to those set out under Policy 46. The proposal is well related to an existing agricultural farmstead and the intention of the proposal is to retain the building in agricultural use, both criteria one and two are therefore met. For the reasons stated above in relation to Policy 46 (criterion four) the proposal would have a minimal impact on the landscape and would maintain the rural character of the area. ii. Biodiversity impact 8.10 There has been a number of consultation responses from third parties in relation to the loss of biodiversity and the harm to protected species as a result of this application. This is echoed in the Parish Council s objection to the proposal.

8 8.11 The applicant has provided an 'Ecological Appraisal of Bethwines Farm' which details the building s condition and the potential for habitats/ nesting opportunities for protected species. The conclusion from the report is that the building was not a suitable habitat, nor was there any physical evidence that protected species were using the building itself. It is noted that the buildings, bookmarking the application site, were also not desirable habitat for protected species In regards of the scrubland vegetation surrounding the building, evidence of the presence of slow worms was identified. A watered ditch close to the site is also known to have a protected newt population. This scrub vegetation has the potential to be a suitable habitat for nesting birds Policy 49 of the Chichester Local Plan requires proposals to demonstrate that biodiversity harm is avoided or mitigated and for developments to incorporate features that enhance biodiversity. The applicant has proposed a scheme of mitigation for reptiles and for works not to be undertaken during the breeding season for birds to ensure that the biodiversity of this area is not harmed by this proposal. This includes hand strimming the vegetation to 10cm in the presence of a suitably qualified ecologist after the breeding season and prior to hibernation (September/ October), then inspecting and leaving for 24 hours to allow any hidden reptiles to move on their own accord. Any individual reptiles should then be moved to a safe area of suitable habitat away from the works, then the strimming will be taken to ground level. The mitigation strategy also states that a tree stump where slow worms have been previously seen will be avoided and marked and fenced off to avoid accidental disturbance. As the removal of this scrub vegetation could also affect nesting birds, works should be undertaken outside the breeding season, and informative is recommended on this basis in addition to that in the mitigation strategy. The proposed mitigation strategy is recommended to be secured by condition including a plan to identify the area to be fenced off to prevent slow worm disturbance. Subject to the condition and informative, officers are satisfied that the biodiversity of the existing site will be protected. Significant Conditions 8.14 It is considered appropriate to recommend conditions requiring approval of material samples for visual amenity reasons, and compliance with the biodiversity mitigation strategy as well as approval of the location of the fencing off areas for slow worms which will be retained for the duration of the construction works, to ensure the biodiversity of the site is protected. Also recommended is a condition restricting the use of the building to agricultural use and precluding rebuilding or extension of the building. Conclusion 8.15 Based on the above it is considered the proposal complies with development plan policies 45, 46 and 49 (Chichester Local Plan) and Policy D1 of the Fishbourne Neighbourhood Plan and Paragraph 17, 38 and Section 11 of the NPPF and therefore the application is recommended for approval.

9 Human Rights 8.16 In reaching this conclusion the Human Rights of the applicants and nearby occupiers have been taken into account when reaching this recommendation and it is concluded that the recommendation to permit is justified and proportionate. RECOMMENDATION PERMIT 1 Time Limit - Full 2 No Departure from Plans 3 Materials 4 Agricultural Use Only 5 Biodiversity Mitigation Strategy 6 Slow Worm Fencing 7 No re-building, alteration or extension INFORMATIVES 1 Application Approved Following Revisions 2 Wildlife and Countryside Act 1981 For further information on this application please contact Rhiannon Jones.