Agenda item

21/01720/FUL  Change of use of agricultural land to dog walking paddock with theuse of West Leith Farm existing car parking for customer/ visitorparking.

West Leith Farm, West Leith, Tring, HP23 6JR

Councillor Townsend declared an interest in item 5b, as he has registered to speak against the application and took no part in voting.

The Case Officer, Nigel Gibbs introduced the report to Members and said that the application had been referred to the Committee due to contrary views of Tring Town Council.

Ward Councillor Townsend, Tring Town Councillor Brian Patterson and Resident Mark Johnson spoke in objection to the application.

It was proposed by Councillor Peter and seconded by Councillor Hobson to delegate with a view to approval, as per officer recommendations.

Vote:

For:       7        Against:           1          Abstained: 2

Resolved: That planning permission be DELEGATED with a view to APPROVAL.

Recommendation

That planning permission be DELEGATED with a view to APPROVAL subject to consultation with Natural England.

Condition(s) and Reason(s):

 1.        The development hereby permitted shall begin 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 use of the land hereby permitted shall only be for the walking of dogs and not for training or dog classes and shall be discontinued on or before 15 months from the date of this decision and this permission is only to be operated by the occupiers of West Leith Farm.

            Reason:  In the interests of the residential amenity of the locality and the Chilterns AONB in accordance with Policies CS5, CS12, CS24 and CS32 of Dacorum Core Strategy (2013) , saved Policy 97 of Dacorum Borough Local Plan (2004), the Chilterns Conservation Management Plan 2019 to 2024 and Part 15 of the National Planning Policy Framework.

 3.        There shall be a maximum of 3 dogs and one owner for each booking for use of the whole of the application site at any time and there shall be no more than 7 vehicle movements to and from the site in any one day by visitors when the application site is being used for the development hereby permitted.

            Reason:  In the interests of the residential amenity of the locality and the Chilterns AONB in accordance with Policies CS5, CS12, CS24 and CS32 of Dacorum Core Strategy (2013) , saved Policy 97 of Dacorum Borough Local Plan (2004), the Chilterns Conservation Management Plan 2019 to 2024 and Part 15 of the National Planning Policy Framework.

            INFORMATIVE : During the temporary use it will be essential that the Applicant records each days level of use for both the number of dogs and vehicular movements.

4.     ‘Notwithstanding the submitted details, the use hereby permitted shall only be between 10.00 and 15.00 hours Mondays to Fridays each week and therefore not during Saturdays and Sundays and not during Bank Holidays’.

 (1).Alternative Car Park Arrangement : The Agent / Applicant is considering the request to change the parking arrangements and has been sent the submitted annotated plan. Members will be updated at the meeting.

(2). The 'Alpaca trekking' business. Based upon the available information, it is considered that this would require separate planning permission

Reason:  In the interests of the residential amenity of the locality and the Chilterns AONB in accordance with Policies CS5, CS12, CS24 and CS32 of Dacorum Core Strategy (2013) , saved Policy 97 of Dacorum Borough Local Plan (2004), the Chilterns Conservation Management Plan 2019 to 2024 and Part 15 of the National Planning Policy Framework.

 5.        There shall be no loudspeaker system and music used in connection with the use hereby permitted and no exterior lighting shall be installed.

            Reason:  In the interests of the residential  amenity of the locality and the Chilterns AONB in accordance with Policies CS5, CS12, CS24 and CS32 of Dacorum Core Strategy (2013) , saved Policies 97, saved Policy 113 and Appendix 8 of Dacorum Borough Local Plan (2004), the Chilterns Conservation Management Plan 2019 to 2024 and the National Planning Policty Framework Paragraph 185(c).

 6.        There shall be no parking of vehicles within the field to be used for the dog training and access to the area for all users shall only be from the gate shown by the approved plan.

            Reason:  In the interests of the residential amenity of the locality and the Chilterns AONB in accordance with Policy CS12, and CS32 of Dacorum Core Strategy (2013).

 7.        A 30 metre wide area of land inside and lying parallel with the north western boundary of the land coloured green by Plan No.  PH/LB 002/B shall be demarcated to permanently exclude any dog walking use. This land shall be demarcated physically before the first use fully in accordance with details to be submitted to and approved in writing by the local planning authority.

            Reason:  In the interests of the residential amenity of the locality n accordance with Policies  CS12  and CS32 of Dacorum Core Strategy (2013).

 8.        A long term site cleaning management scheme shall be submitted to and approved by the local planning authority within 1 month of the first use of the application for the use hereby permitted.

            Reason:  In the interests of the residential amenity of the locality in accordance with Policy CS32 of Dacorum Core Strategy (2013).

 9.        Subject to the other conditions of this planning permission the development hereby permitted shall be carried out in accordance with the following approved plans:

            Location Plan

            PH/LB 002/B

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

Informatives:

 1.        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.

 2.        Obstruction of public highway land: It is an offence under section 137 of the Highways Act 1980 for any person, without lawful authority or excuse, in any way to wilfully obstruct the free passage along a highway or public right of way. If this development is likely to result in the public highway or public right of way network becoming routinely blocked (fully or partly) the applicant must contact the Highway Authority to obtain their permission and requirements before construction works commence.

            Further information is available via the website https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/business-licences/business-licences.aspx or by telephoning 0300 1234047.

            Road Deposits: It is an offence under section 148 of the Highways Act 1980 to deposit mud or other debris on the public highway, and section 149 of the same Act gives the Highway Authority powers to remove such material at the expense of the party responsible. Therefore, best practical means shall be taken at all times to ensure that all vehicles leaving the site during construction of the development are in a condition such as not to emit dust or deposit mud, slurry or other debris on the highway.

 3.        Contact with Hertfordshire Fire & Rescue Service

            It is expected that Hertfordshire Fire & Rescue Service is contacted before the use is commenced to ensure that arrangements are agreed in the even that emergency services are required to access the site.