DONCASTER METROPOLITAN BOROUGH COUNCIL. PLANNING COMMITTEE - 15th October Expiry Date:

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1 DONCASTER METROPOLITAN BOROUGH COUNCIL PLANNING COMMITTEE - 15th October 2013 Application 3 Application Number: 13/01158/FUL Application Expiry Date: 31st July 2013 Application Type: Full Application Proposal Description: At: For: Change of use of land from quarry (Sui Generis) to livery yard and equine grazing (Class D2) including the erection of stable barn (10.30 x 14.38m) Land Off Bank End Quarry Blaxton Doncaster DN9 3DR Jedidah Ltd Third Party Reps: 16 Parish: Finningley Parish Council Ward: Finningley Author of Report MAIN RECOMMENDATION: Natalie Dickman Grant

2 1.0 Reason for Report 1.1 The application is being presented to Planning Committee due to significant public interest shown in the application. 2.0 Proposal and Background 2.1 The site is an open field that bounds a quarry site on Wroot Road in Finningley. The site is set along the railway line with houses on the opposite side along the southern boundary, the quarry is to the north and east boundaries with mature landscaping along these boundaries and Wroot Road to the western boundary which is bound by a hedgerow. There is an existing gated vehicle access off Wroot Road in the northern corner of the site. 2.2 The proposal to change the use of the land to an equine use (Class D2) including the erection of stable barn (10.30 x 14.38m). The site is to be used as a livery yard with a ménage, stables, grazing fields and car parking. 3.0 Relevant Planning History 3.1 There is no relevant history for this site. 4.0 Representations 4.1 Sixteen letters of representation have been received with regard to the proposed stables application. Fifteen of those were objection letters and one a letter of support. The objections raised include; wildlife being affected, increase in traffic and resulting safety issues, train noise could cause disturbance to horses, negative visual impact of stables on neighbouring properties, light pollution, concerns of land use and further development, collection of horse waste will attract vermin and fire hazard. The letter of support states that they believe that the proposal is much more in keeping with what should surround a village than other recent applications and they support the application. 5.0 Parish Council 5.1 The Parish Council object to the proposal, they have concern for the horses safety being located near to a railway line, disruption for existing wildlife, future expansion and disturbance to local residents. 6.0 Relevant Consultations 6.1 Anglian Water, the Neighbourhood Manager and the Pollution Control Team have no objections to this proposal 6.2 The Internal Drainage Officer has no objections to the proposal subject to conditions. 6.3 The Environment Agency has no objections to the proposal subject to no contamination of the surface water run-off which is conditioned. 6.4 The Highways Development Control officer has no objections to the proposal subject to conditions.

3 6.5 The Coal Authority provided their standing advice. 6.6 National Grid, The Investment Team, Yorkshire Wildlife Trust, Doncaster East Drainage Board, The Internal Ecologist and the Public Health and Protection Team have not responded to the consultation. 7.0 Relevant Policy and Strategic Context 7.1 At the heart of the NPPF is a presumption in favour of sustainable development. The following policy principles are relevant to this proposal: Principle 1 Building a strong, competitive economy Principle 6 Supporting a prosperous rural economy Principle 7 Requiring good design Principle 8 Promoting healthy communities 7.2 Doncaster Local Development Framework Core Strategy The Doncaster LDF Core Strategy was formally adopted on the 18th May 2012, and is now the applicable development plan document at the local level. CS:1 Quality of Life CS:3 Countryside CS14 Design and Sustainable Construction 7.3 Saved Unitary Development Plan Policies Although Doncaster has adopted the Core Strategy there remains a number of policies that have been saved within the Unitary Development Plan. Those that are applicable in these circumstances are: ENV4 - Countryside Policy Area ENV7 - Recreation and Leisure 8.0 Planning Issues and Discussion 8.1 The proposal is to change the use of the land to use it as a livery yard, with grazing fields, stables, ménage and parking on land designated as Countryside Policy Area as defined by the Doncaster Unitary Development Plan The proposed stables are to be rented out to private individuals. There are 6 stables contained with the building, a tack room and a room for hay storage. The main considerations in relation to this application is the principle of the development in the countryside, the resulting impact of this development on the countryside and the impact on residential amenity.

4 Principle 8.2 The site is within the Countryside Policy Area policy ENV4 of the Doncaster Unitary Development Plan 1998 protects the countryside against inappropriate development. Agriculture, forestry, outdoor recreation and leisure are listed as appropriate uses within the countryside. An equine use falls within the recreation and leisure category subject to the limitations of policy ENV7, Recreation and Leisure of the Doncaster Unitary Development Plan Policy ENV7 permits recreation and leisure uses provided that the uses would be predominantly outdoor and would have a low proportion of building area in relation to land area (Appendix A). The proposal is to have one building which is a stable and the remainder of the site will be open uses including grazing fields, car parking and associated access and a ménage. It is therefore considered that this type of use is appropriate in the countryside. Development in the Countryside 8.3 Policy ENV7 states that recreation and leisure development within the countryside as is permitted should be located and designed to ensure harmony with the surrounding countryside. The grazing of horses in the countryside is a common site and is not considered to impact on the harmony of the countryside. The proposed stable building is to be a maximum ridge height of 6m with an eaves height of 4.45m. The building is to have a plywood facing dwarf wall and timber clad profile cladding and roofing sheets with translucent roof lights. It is considered that this building is agricultural in nature and again typical of what is seen in countryside locations. The scale of the building is not considered excessive and has been sited away from the main road close to the boundary with the railway line so is therefore viewed in a countryside context. Impact on Residential Amenity 8.4 The development is located near to residential properties set on the opposite side of the railway line. The closest residential property is 45 meters away. The proposed use is an appropriate countryside use and considered appropriate for it s setting. To ensure that there is no unreasonable impact on the amenity of the occupiers of nearby dwellings a condition is recommended required details of the management of the waste, how and where it is stored on site and how and when it is removed from the site. It is there Highways and Parking 8.5 The proposal incorporates a parking area within the site with an access road leading off Wroot Road. The access gates are to be set back from the road as advised by the Highways Development Control Officer to ensure safe access and egress to the site. It is considered that there will be no impact on highway safety. Other Matters 8.6 The development has been amended on reflection of comments provided by the British Horse Society who made comment on the application. The stable building will have an open entrance which will provide natural daylight into the building. A water mains supply is to be provided on site and a stables waste management area.

5 9.0 Summary and Conclusion 9.1 The proposed use is considered appropriate for its countryside location, there is a low proportion of building area in relation to land area and the building design is considered to be an appropriate scale and design for its countryside setting. The development is small scale and will not impact on the amenities of nearby residential dwellings. It is considered that the proposal is in compliance with the relevant local and national planning policies and as such it is recommended that planning permission be granted Recommendation 10.1 GRANT Full Planning Permission subject to the following conditions. 01. STAT1 The development to which this permission relates must be begun not later than the expiration of three years beginning with the date of this permission. REASON Condition required to be imposed by Section 91(as amended) of the Town and Country Planning Act U36006 The development hereby permitted shall be carried out in complete accordance with the details shown on the amended plans referenced and dated as follows; MJ 01 B REASON To ensure that the development is carried out in accordance with the application as approved. 03. U35996 The Development shall not commence until full details of the proposed surface water run-off works have been submitted to and approved by the LPA. The drainage on site will need to ensure run-off from the horse manure stockpiles must not drain to surface water. The applicant should confirm what pollution prevention measures will be adopted at the site. These works shall be carried out concurrently with the Development and shall be operating to the satisfaction of the LPA prior to the occupancy of the development. REASON: To prevent surface water flooding. 04. U36004 Before development commences details of the stables waste management process needs to be submitted and approved in writing by the Local Planning Authority. REASON: To ensure the waste created by the development does not impact on the residential amenity of local residents.

6 01. IDNLS INFORMATIVE DEVELOPMENTS NEAR LANDFILLS The proposed development is within 250 meters of a landfill site about which insufficient information is known to permit an adequate response to be made on the extent to which landfill gas may be present on or off site. Planning permission has been granted on the basis that there is no sound and clear-cut reason to refuse. The applicant is, however, reminded that the responsibility for safe development and secure occupancy of the site rests with the developer and accordingly is advised to consider the possibility of the presence or future presence of landfill gas and satisfy himself of any gas precaution which may be necessary. 02. U07140 The information specified in the application does not make it clear whether any wastes are to be used in the construction of the barn or other works for equine related uses (eg landscaping requirements). If wastes are to be used on site, the appropriate environmental permit or exemption would need to be applied for/ registered with us. Regardless of this, all activities carried out on site must not cause harm to the environment. Reasons(s) for Granting Planning Permission: STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION The Local Planning Authority has decided to grant planning permission:- 1. Having regard to the policies and Doncaster Council's Core Strategy and the saved Doncaster Unitary Development Plan 1998 policies set out below, and all relevant material planning considerations: National Planning Policy Framework Principle 1 Building a strong, competitive economy. Principle 4 Promoting sustainable transport. Principle 6 Delivering a wide choice of high quality homes. Principle 7 Requiring good design. Doncaster Council s Core Strategy CS1 Quality of Life CS14 Design and Sustainable Construction Saved Doncaster Unitary Development Plan ENV4 - Countryside Policy Area ENV7 - Recreation and Leisure

7 2. For the following reasons: Having taken into account all the planning considerations raised in the consultations and representations, against the policy background referred to above, it has been concluded that the proposed change of use of land from quarry (Sui Generis) to livery yard and equine grazing (Class D2) including the erection of stable barn (10.30 x 14.38m) is acceptable. In particular, the Local Planning Authority is of the view that its accordance with the relevant policies of the National Planning Policy Framework, Doncaster Council's Core Strategy and the saved policies of the Doncaster Unitary Development Plan, justifies the development as the use is considered appropriate for its countryside location. There is a low proportion of building area in relation to land area and the building design is considered to be an appropriate scale and design for its countryside setting. In dealing with the application, the Local Planning Authority has worked with the applicant to find solutions to the following issues that arose whilst dealing with the planning application: N.B. The foregoing Statement is a summary of the main considerations leading to the decision to grant permission. More detailed information may be obtained from the Planning Officer's Report and the application case file and associated documents, which may be viewed on the Council's Website The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act The recommendation will not interfere with the applicant s and/or objector s right to respect for his private and family life, his home and his correspondence.

8 Appendix B Side Elevation Appendix A Site Plan

9 Appendix C Front Elevtion Appendix D Veiw from site entrance across to South of site (residential area)