Item No: 4 Reference: B/16/00635/FUL. Parish: BENTLEY Ward Member: Cllrs Stephen William and John Hinton

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1 Item No: 4 Reference: B/16/00635/FUL Parish: BENTLEY Ward Member: Cllrs Stephen William and John Hinton Location: Proposal: Applicant: Bentley Plants Ltd, Bergholt Road, Bentley, IPSWICH IP9 2DQ Change of use of former agricultural building to mixed use (Class A1, B1 and D1: retail sales and associated storage of shooting and fishing equipment; workshop, office, training area and ancillary facilities). Provision of car park. Mr J Pooley Case Officer: Lynda Bacon Date for Determination: 3 August 2016 RECOMMENDATION: Grant Planning Permission This application is referred to as the proposal raises issues which the Professional Lead Officer considers may be controversial. THE SITE 1. The site comprises a modern agricultural building and adjacent land forming part of the wider Bentley Plants site, which has operated as a commercial gardening centre/nursery for a number of years. Access to the site is via the existing vehicular access serving Bentley Plants Ltd. 2. The boundaries to the wider site are defined by mature hedgerows. There is an existing residential property, within the ownership of the applicant, known as Redwoods, to the south of the site and other residential properties lie to the east, south and west. Further south is the Bentley Riding School and to the north is agricultural land with woodland beyond. Public footpaths are in the vicinity of the application site to the north, west and south. 3. The site lies to the south west of the village of Bentley, is within a Special Landscape Area and much of the surrounding woodlands are designated as County Wildlife sites. THE PROPOSAL 4. The application proposes the change of use of the agricultural building to a mixed use comprising retail sales together with workshop, office, training area and ancillary facilities. A retail area with sales counter; an office; gun store; ammunition store and workshop for repairs and custom builds is proposed on the ground floor and a first floor is proposed to be inserted above to accommodate a classroom teaching area and storage. 5. The application is supported by an amended Design and Access Statement, which describes the proposal as being for the change of use of the application building to allow for a range of uses associated with outdoor recreational activity. The proposed uses and activities are detailed as follows: Light industrial use in the form of gunsmithing to include servicing and repairs to shotguns, rifles, air rifles, and air pistols. 7 September

2 Sale of new and second hand shotguns, rifles, air rifles and air pistols. Sale of fishing rods and equipment. Sale of shotgun cartridges, rifle ammunition, and airgun pellets. Sale of ancillaries to go with all of the above including telescopic sights, binoculars, spotting scopes, Night vision equipment, targets of various types, archery equipment, fishing tackle, specialist clothing etc. Creation of an office and sales counter to support the operation of the fishing lake and the overall proposed operational uses of the building. The creation of a training room to allow for use for a wide range of training courses and activities, such as the safe handling of firearms, first aid, outdoor survival, DSC1 and DSC2 and other such associated courses. Provision of onsite toilet facilities to be used in association with the use of the fishing lake. 6. The amended Design and Access Statement further explains that in the future, the applicants would like to seek planning permission for the creation of an underground rifle range, which will be submitted as an entirely separate application for planning permission. 7. A 14 bay car park is also proposed to the south of the application building to serve the development and 5 full-time members of staff are expected to be employed. 8. The application documents can be viewed on line via the planning pages on the District Council s website. RELEVANT HISTORY 9. B/08/01230/FUL Erection of two-storey detached dwelling and double garage to be occupied by a horticultural worker. Full planning permission granted. 10. B/13/00255/FUL Change of use of plant nursery for winter storage of up to 100 caravans. Full planning permission refused. 11. B/14/01092/FUL - Change of use of Part of Bentley Plants to fishing lake; excavation to form fishing lake together with provision of car park and WC facilities (fully accessible for people with disabilities). Full planning permission granted. 12. B/16/00649/CDP - Application under Regulation 3 of the Town and Country Planning Regulations Extraction of mineral by creation of fishing lake approved under planning permission B/14/01092/FUL. (Suffolk County Council Consultation). NATIONAL PLANNING POLICY FRAMEWORK 13. The National Planning Policy Framework (NPPF) contains the Government s planning policies for England and sets out how these are expected to be applied. Planning law continues to require that applications for planning permission are determined in accordance with the Development Plan unless material considerations indicate otherwise. The policies contained within the NPPF are a material consideration and should be taken into account for decision-making purposes. 14. Paragraph 17 of the NPPF outlines the 12 core land use planning principals which, inter alia, proactively drive and support sustainable economic development in the delivery of homes, business and industrial units, infrastructure and thriving local places whilst also promoting mixed use developments, and encourages multiple benefits from the use of land in urban and rural areas, recognising that some open land can perform many functions (such as for wildlife, recreation, flood risk mitigation, carbon storage, or food production). Paragraph 19 details the Government s commitment to supporting sustainable economic growth. 7 September

3 PLANNING POLICIES Core Strategy 15. The Babergh Local Plan Core Strategy and Policies (2014) was adopted on 25 February 2014 and is now fully operational. The following policies are relevant to this particular planning application:- CS1 - Applying the Presumption in Favour of Sustainable Development in Babergh CS15 - Implementing Sustainable Development in Babergh CS17 - The Rural Economy Saved Policies in the Local Plan 16. The Development Plan comprises the saved policies in the Babergh Local Plan (Alteration No. 2) adopted The Plan should be regarded as material consideration in planning decisions. The following policies are applicable to the proposal: EN22 - Light Pollution Outdoor Lighting RE06 - Small and Medium Scale Recreation CR18 - Buildings in the Countryside TP15 - Parking Standards - New Development 17. The relevant policies can be viewed on line. Please see the notes attached to the schedule. CONSULTATIONS Bentley Parish Council Objects strongly for the following reasons; Potential impact of a gun and ammunition store on crime and public safety; Increased use of the site associated with proposed new use: number of traffic movements associated with use not specified the current use accepts 5 10 movements a day; The current structure of the building is not appropriate for proposed usage; Presumes development of the site as a rifle club, which would be wholly unacceptable due to impacts on potential crime and public safety, the adjacent riding school, the environment, the adjacent proposed extension to the AONB and further extensive extraction activity. 18. Local Highway Authority In principle, the proposal is acceptable. However, some minor amendments need to be made in regards to parking provisions. Numbers for vehicle parking are adequate although it is recommended that spaces need to be allocated for cycle storage and disabled parking. - Minimum of 1 cycle storage stand - Minimum of 3 disabled parking bays 19. The abovementioned all appears achievable within the sites ownership boundaries. However, if this is not completed this could be grounds to recommend refusal on B/16/00635/FUL. 20. Corporate Manager Open for Business (Economic Development) - Support this application. This type of business is suited to a rural rather than urban environment and provides an opportunity for diversification of a business. We also welcome an alternative commercial and employment use for a previously agricultural building. Field sports are a popular pastime in our rural districts and provide direct and indirect employment across Suffolk. The additional enhancement to this business of a 7 September

4 classroom facility that will offer courses and training in field sports is also a positive element to this application. 21. Corporate Manager Environmental Health - No objections to the development as proposed but comment that whilst no external lighting of the building is shown on the plan, it would be appropriate to impose a planning condition to require the submission and approval of precise details of any external lighting prior to installation, in order to protect the amenities of neighbouring properties. Health and Safety Executive No comments received. REPRESENTATIONS 22. To date 37 letters of representation have been received and the comments are summarised as follows: The principal objection received relates to the intended future proposal to develop a gun range facility and the close proximity of the site to the Riding Centre next door. Strong objections have been raised concerning the potential impact of the future gun range development to the safety of riders, (including children and disabled riders) and the horses; the quiet enjoyment of the countryside, footpaths and bridleways and the residential amenities of neighbouring property. There is also concern that the Riding Centre business will lose custom and be unable to secure insurance. The perceived potential risk to the safety and security of the community as a result of the movement of guns to and from the application site together with guns and ammunition being kept on site. In addition, security is an ongoing issue for Bentley Plants and neighbouring business premises as repeated thefts have been experienced. The site is relatively rural and potential thefts could still occur without being observed. Any increase in security measures such as the provision of lighting would not be in keeping with the area. Threatens the viability of other businesses, contrary to the NPPF, which promotes the retention and development of local services and community facilities. There is no evidence of an existing need for this type of facility and will the benefits outweigh the detrimental impacts? This is a speculative application for a building connected with an unapproved use of the site as a rifle club. The rifle club use would contradict the objectives of the fishing lake application, which was to provide a facility for people with various disabilities including mental health difficulties. No Environmental Impact Assessment has been submitted. Increased traffic to the site with associated noise. The public highway approach includes single track roads and a full Traffic Assessment should be submitted to clarify the impact on road safety. No concerns regarding the change of use of the building to provide facilities for the fishing lake. Fishing is associated with quiet country pursuits and the rifle club implies a new level of risk and impact on residential amenity and wildlife in the surrounding woodland. An example of where a gun club/firing range is successfully operating next door to an existing equestrian centre is cited. PLANNING CONSIDERATIONS In light of the above planning policy context and the representations/consultation responses received, the following are identified as the main considerations in assessing this application. The Principle of Development 7 September

5 Highway Safety Environmental Impacts Impact on Residential Amenity The Principle of Development 23. The National Planning Policy Framework (NPPF) contains the Government s planning policies for England and sets out how these are expected to be applied. At the heart of the NPPF is a presumption in favour of sustainable development. National guidance in the NPPF states significant weight should be placed on the need to support economic growth through the planning system. 24. The site lies within the countryside, where saved policy RE06 considers the extent to which proposals for small or medium scale recreation are acceptable. The policy states that Proposals for recreation facilities and change of use to recreation in the countryside which are small or medium-scale may be acceptable, subject to no adverse impact on: the character of the locality; road safety; Best and Most Versatile Agricultural Land; forestry; landscape character, particularly in Areas of Outstanding Natural Beauty and Special Landscape Areas; Scheduled Ancient Monuments, archaeological sites in the County Monument Record, historic parklands and listed buildings; biodiversity or sites of geological/ geomorphological interest; residential amenity. 25. Recreational uses and facilities will not be permitted if they introduce or are likely to lead to the introduction of: new buildings, structures or landscape features which would detract from the character of that particular tract of countryside; noise, light emissions or other intrusive characteristics which would detract from residential amenity and the quiet enjoyment of other users of the countryside. 26. Any buildings and structures should be directly related to the proposed recreational use of the land. 27. Saved policy CR18 considers proposals for converting barns, or other redundant or under-used buildings in the countryside, to industrial, business, community or recreational uses and states that such uses will be permitted providing the following criteria are not adversely affected: landscape characteristics and biodiversity; cultural heritage; highway safety; residential amenity; the location of the building relative to public transport infrastructure, urban centres and whether the use represents sustainable development; whether conversion can take place without significant rebuilding; whether the building is at risk of flooding; the availability of a connection to a suitable drainage system; and the presence of protected species, particularly bats or barn owls. 7 September

6 28. The proposal concerns the change of use of an existing building in the countryside to a use supporting an approved outdoor recreational facility i.e. the fishing lake. In addition, the proposal also includes facilities for a workshop and teaching area associated with firearms and related outdoor pursuits. The use of the building is therefore related to recreation and the principle of the use applied for can be considered acceptable in a countryside location, subject to certain criteria being met. 29. The proposed change of use also includes provision of retail floorspace. The National Planning Policy Framework seeks to secure the vitality of town centres by requiring that Local Planning Authorities to apply a sequential test to planning applications for main town centre uses and that where applications fail to satisfy the sequential test, they should be refused. Whilst retailing is clearly a main town centre use, the type of goods proposed to be sold as part of this change of use application include such items and supplies as those that could be required in connection with the approved fishing lake use elsewhere on the site (i.e. sale of fishing rods, tackle and equipment) and shotguns, rifles, cartridges, ammunition and other ancillary items that support countryside pursuits. In this instance, it is considered that the relatively small scale retail element of the proposal is not a main town centre use and is a use best suited to being located in countryside area and therefore no town centre impact assessment is required in this instance. 30. The workshop element of the application is understood to be largely related to gunsmithing related activity and this would be of a B1 nature in potential impact. Servicing and repair type activities are a normal part and parcel of most shooting retail premises and are considered to be in this instance proportionate to the composite facility proposed. 31. The training element of the application is considered to be appropriate and directly associated with the main shooting and fishing uses within the application. It is likely that the training aspect will both enhance the offer of those main shooting and fishing uses and create the opportunity for linked trips by customers. 32. As such, there is no fundamental objection to the principle of the use in this location subject to conditions, and there is a need to consider the detailed aspects of the proposal in terms of their acceptability (or otherwise) as below. Highway Safety 33. The application includes provision for a 14 bay car park to the south of the application building to serve the development The Local Highway Authority has commented that in principle, the proposal is acceptable. However, some minor amendments to the submitted parking layout in order to secure provision of cycle storage and disabled parking bays have been requested and revised plans are currently being prepared by the applicant for consideration prior to the application being determined. Environmental Impacts 34. The application concerns the change of use of an existing building and as such the proposed use of the building does not result in an impact on the environment and an Environmental Impact Assessment is not required. The provision of the car park is situated between the subject building and the existing car park serving Bentley Plants and the development is largely screened from public view within the wider landscape setting by existing boundary hedgerows. 7 September

7 Impact on Residential Amenity 35. One of the core planning principles within paragraph 17 of the NPPF is that Local Planning Authorities should always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings. As such, consideration needs to be given as to whether the proposal would be likely to give rise to any material harm to the amenity of neighbouring property by reason of impacts including loss of privacy or through noise and disturbance or other potential impacts associated with the proposed development. 36. In this instance, given the generous separation and existing boundary treatment to neighbouring property together with the existing and approved commercial use of the site, it is not considered that the proposal would pose any unacceptable impacts with regard to residential amenity. The proposal is therefore considered as acceptable in this respect Other Matters 37. The change of use proposed seeks to develop the recreational use of the site as a fishing lake. The fishing lake is not yet formed and operational. Officers are of the opinion that the application proposal is acceptable as a standalone rural business enterprise, having regard to the importance of promoting economic growth under the NPPF, subject to the imposition of a planning condition to restrict the use to that which has been applied for, in order to ensure that the building is used for country pursuit purposes appropriate in this rural context and not for any other main town centre use. 38. The hours of operation have not been included with the application but it is proposed that opening hours can be agreed by way of a condition and be tailored to balance foreseeable customer demand with countryside and local amenity. Crime and Disorder 39. Consideration has been given to the provisions of Section 17 of the Crime and Disorder Act, 1998, in the assessment of this application but the proposal does not raise any significant issues. 40. It is recognised that the application content has given rise to concerns regarding the establishment of a rifle range and club at the premises and associated activity. That range and Club do not form part of the application. If they come forward as a separate proposal that will be considered on its merits. 41. The regulation of firearms use and storage, including in relation to gunsmithing and firearm related sales, are the subject of separate firearms legislation. It is not expected that planning controls duplicate other means of regulation and to that extent the planning authority should consider the planning merits of the use and ancillary activities. The perception of crime may be a material consideration in some cases but in this instance it is considered that such perceptions are of limited weight to the consideration of the planning merits of this use. In a rural location it is likely that shooting activities will be encountered by residents and visitors as part and parcel of the normal day to day life of the Suffolk countryside through the seasons much as equine and fishing related activities will be encountered. Given that this use is generally better located in a rural rather than urban location it is considered that the use will readily become assimilated into its countryside location without undue prominence. 7 September

8 Biodiversity and Protected Species 42. In assessing this application due regard has been given to the provisions of the Natural Environment and Rural Communities Act, 2006, is so far as it is applicable to the proposal and the provisions of Conservation of Habitats and Species Regulations, 2010 in relation to protected species however, the proposal does not raise issues of any significance. CONCLUSIONS PLANNING BALANCE 43. When taken as a whole and as a matter of planning judgement, the proposal is considered to adhere to the development plan and NPPF and therefore can be considered sustainable development. There is a presumption in favour of sustainable development and the NPPF places significant weight behind the promotion of economic growth. The application is therefore recommended for approval. STATEMENT REQUIRED BY ARTICLE 31 OF THE TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) ORDER 2010 (as amended). 44. When determining applications the Town and Country Planning (Development Management Procedure) (England) Order 2015 requires Local Planning Authorities to explain how, in dealing with the application they have worked with the applicant to resolve any problems or issues arising. In this case the applicant has worked with Officers to clarify the proposal and has submitted an amended Design and Access Statement and revised the parking layout in to address comments received from the Local Highway Authority. RECOMMENDATION That planning permission be granted subject to conditions including: Time limit Plans list Limitation of use: shooting and fishing related uses only External lighting details to be submitted and agreed Highways conditions Provision of parking The hours of operation to be agreed. 7 September