Agenda item

4/02469/18/FUL - DEMOLITION OF TWO AGRICULTURAL BARNS; REPLACEMENT WITH SINGLE DWELLING AND REINSTATEMENT OF HISTORIC ORCHARD - BARNS AT CHAPEL END LANE, WILSTONE, TRING, HP23 4NY

Minutes:

5d - 4/02469/18/FUL DEMOLITION OF TWO AGRICULTURAL BARNS;

REPLACEMENT WITH SINGLE DWELLING AND REINSTATEMENT OF HISTORIC

ORCHARD

 

BARNS AT CHAPEL END LANE, WILSTONE, TRING, HP23 4NY

 

 

Martin Stickley introduced the report to members and said it had been referred to committee because it had been called in by Councillor Olive Conway.

 

Councillor Olive Conway moved to the Public Gallery and took no part in the discussion or vote.

 

Ward Councillor Oliver Conway, Ward Councillor Mike Hicks, David Bullock and John Todd spoke in objection of the application.

 

Joshua Mears-Smith spoke in support of the application.

 

It was proposed by Councillor Mills and seconded by Councillor Fisher to GRANT the application.

 

Vote

 

For: 6               Against: 1                    Abstained: 2

 

Resolved: That planning permission be GRANTED subject to the following conditions:

 

No

Condition

1

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason:  To comply with the requirements of Section 91 (1) of the Town and Country Planning Act 1990 as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

 

2

The approved orchard shall be planted prior to the first occupation of the development hereby permitted. Any tree that forms part of the approved orchard which within a period of ten years from planting fails to become established, becomes seriously damaged or diseased, dies or for any reason is removed shall be replaced in the next planting season by a tree of a species, size and maturity.

                       

Reason:  To ensure that the reinstated historic orchard is planted and retained in accordance with saved Policy 120 of the Dacorum Borough Local Plan (2004) and Policy CS27 of the Dacorum Borough Core Strategy (2013).

 

Reason: To ensure satisfactory appearance to the development and to safeguard the visual character of the immediate area in accordance with saved Policy 99 of the Dacorum Borough Local Plan (2004) and Policy CS12 of the Dacorum Borough Core Strategy (2013).

 

3

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order amending or re-enacting that Order with or without modification) no development falling within the following classes of the Order shall be carried out without the prior written approval of the local planning authority:

 

Schedule 2, Part 1, Classes A and B.

 

Reason:  To enable the local planning authority to retain control over the development in the interests of safeguarding visual and residential amenity, and the  character of the locality in accordance with Policies CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 of the National Planning Policy Framework (2018).

 

4

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) (Order) 2015 as amended (or any Order amending or re-enacting that Order with or without modification) no development within Schedule 2, Part 1, Class E shall take place within the proposed orchard area, as shown as hatched in pink on drawing PJSA-02-01-A.

 

Reason: The orchard is one of the key benefits of the proposed development. The above condition will ensure that the proposed orchard is not destroyed or removed under the provisions of Schedule 2, Part 1, Class E permitted development rights. The local planning authority can therefore retain control over development in the orchard area the interests of safeguarding the character of the area, in accordance with Policy CS12 of the Dacorum Core Strategy (2013).

 

5

The proposed fencing, terrace and driveway shall be constructed in accordance with the submitted Design and Access Statement (Page 11) unless otherwise agreed by the Local Planning Authority.

 

Reason: To ensure a satisfactory appearance to the development and to safeguard the character and appearance of the locality in accordance with Policy CS12 of the Dacorum Borough Core Strategy (2013) and Section 12 of the National Planning Policy Framework (2018).

 

6

The development hereby permitted shall be carried out in accordance with the following approved plans:

 

PJSA-02-01-A

PJSA-02-02

PJSA-03-01

PJSA-03-02-A

PJSA-03-03-P3

 

Reason: For the avoidance of doubt and in the interests of proper planning.

 

Article 35 Statement

 

Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant during the determination process which led to improvements to the scheme. The Council has therefore acted pro-actively in line with the requirements of the Framework (paragraph 38) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015.

 

 

Additional informatives added (ecology)

 

Bats

 

If during works bats or evidence of bats is discovered, all work should stop and advice sought from a professional consultant or Natural England.

 

Birds

 

Vegetation clearance and demolition works should be undertaken outside of the bird nesting season (April – August inclusive depending on weather conditions). If this is not practicable then the barn will need to be first checked for nesting birds and, if any nests are found, works that would disturb the nest must be postponed until all young have fledged the nest and it is no longer in use.

 

Additional condition added (bin store)

 

 

Prior to first occupation of the development hereby permitted details of facilities for the storage of refuse must be submitted to and approved in writing by the Local Planning Authority. The approved facilities shall then be provided before the development is first brought into use and thereafter permanently retained unless otherwise agreed in writing with the Local Planning Authority.

 

Reason:  To safeguard the amenity of the occupiers of adjoining premises, protect the environment and prevent obstruction to pedestrian movement in accordance with saved Policy 129 of the Dacorum Borough Local Plan (2004).

 

 

 

 

 

Supporting documents: