SOUTH NORTHAMPTONSHIRE COUNCIL DELEGATED REPORT

Transcription

1 SOUTH ORTHAMPTOSHIRE COUCIL DELEGATED REPORT Application for Prior Approval for Agricultural Development Under Class 6 of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) Application o. S/2015/0101/AGD Case Officer: Geraldine Ward Statutory Date: Site: Proposal: Expiry RECOMMEDATIO 16 February 2015 C o n s u l t a t i o n Expiry Date: Elm Tree Farmhouse Charlton Road Evenley Consults date: Re-consults date: Determination as to whether prior approval is required (under Class A of Part 6 of the above Order) for the erection of an agricultural building in respect of: the siting, design and external appearance of the building Planning Permission is required because; The proposed building does not comply with all the relevant provisions of Class A or B of Part 6 of the Town and Country Planning (General Permitted Development) Order In particular the building would be located within 3km of the perimeter of RAF Croughton Airfield and would exceed 3m in height and so the proposed development does not benefit from permitted development rights and planning permission is required for the proposed development. APPLICATIO SITE The application site is an arable farm located adjacent to the main A43 dual carriageway. The farm is mainly arable with a flock of 280 sheep. The farm is visible within the wider landscape due to its elevated position. There is a mix of modern agricultural buildings of varying sizes and smaller scale more traditional farm buildings, some of which have been converted into residential. COSTRAITS Open countryside. PROPOSAL The application seeks determination as to whether prior approval is required for the construction of an open sided barn measuring 27.5m by 7.8m. The roof would be a grey concrete prefab roof. The building is to be used for general agricultural purposes. RELEVAT PLAIG HISTOR S/2011/0015/FUL Conversion of redundant farm buildings into 4 holiday cottages. Approved S/2006/0518/AG Erection of detached building for use as grain store and general agricultural storage. Further details not required S/2003/0497/P Change of use of stable to residential and new front porch. Approved COUCIL CORPORATE PRIORITIES

2 The Council s 2014/15 Business Plan states that it will show strong leadership across South orthamptonshire through its corporate priorities to; (1) preserve what s special; (2) protect our quality of life; (3) secure a prosperous and sustainable future; and (4) enhance the Council s performance. The corporate priority of most significance to the determination of planning applications and appeals is to preserve what s special. It seeks to do this via the key objectives of; (1) ensuring the character of the district is preserved and that all new development is of a high quality; (2) protecting the built heritage of the district through effective planning enforcement and conservation; (3) working to preserve and enhance the natural landscape character and environmental quality of the district; and (4) working with rural communities and villages to help develop and sustain access to local services. The remaining corporate priorities are of significance to the determination of planning applications and appeals via the key objectives of implementing the Brackley and Towcester masterplans, providing safe and secure environments, securing investment at Silverstone, promoting economic growth and tourism, delivering high quality affordable housing and delivering a high quality service. The above corporate priorities are considered to be fully compliant with the policy and guidance contained within the ational Planning Policy Framework and ational Planning Practice Guidance. KE ISSUES Whether the works are permitted development Whether prior approval is required for the siting, design and external appearance of the building APPRAISAL Whether the works are permitted development Part 6 of the GPDO permits agricultural development under either Class A or B. As such the first test is to work out whether the proposed development falls under Class A or B. Whether the development is permitted under Class A or B Class A The agricultural unit* exceeds 5ha or more in area and the works are for either: (a) the erection, extension or alteration of a building; or (b) any excavation or engineering operations (which includes the formation or alteration of a private way) or (if yes, assess the proposal under Class A) *Under the definition of Para D of Part 6, agricultural unit means agricultural land* which is occupied as a unit for the purposes of agriculture, including (a) any dwelling or other building on that land occupied for the purpose of farming the land by the person who occupies the unit, or (b) any dwelling on that land occupied by a farmworker;

3 The application form states that the size of the agricultural unit is 200ha and the works proposed are for the purposes of agriculture and therefore fall within Class A. Class B The agricultural unit is between 0.4 and 5 hectares and the works consist of either a) The extension or alteration of an agricultural building b) The installation of additional or replacement plant or machinery c) The provision, rearrangement or replacement of a sewer, main, pipe cable or other apparatus d) The provision, rearrangement or replacement of a private way e) The provision of a hard surface f) The deposit of waste g) The carrying out of any of the following operations in connection with fish farming, namely, repairing ponds and raceways; the installation of grading machinery, aeration equipment or flow meters and any associated channel; the dredging of ponds; and the replacement of tanks and nets (if yes, assess the proposal under Class B) If any of the following statements apply then the development is not permitted development: Class A.1 (a) The development would be carried out on a separate parcel of land forming part of the unit which is less than 1 hectare in area or (aa) The works consist of the erection or extension of any agricultural building on an established agricultural unit (as defined in paragraph O of Part 3)* where development under Class MA or MB has been carried out within a period of 10 years ending with the date on which development under Class A(a)** begins. *Para O states that established agricultural unit means agricultural land occupied as a unit for the purposes of agriculture (i) for the purposes of Class M, on or before 3rd July 2012 or for ten years before the date the development begins; or (ii) for the purposes of Class MA or MB, on or before 20th March 2013 or for ten years before the date the development begins;. **(Class A(a) is works for the erection, extension or alteration of a building. (b) The works include, the erection, extension or alteration of a dwelling (c) The building, structure or works are not designed for agricultural purposes The building would be open sided

4 (d) The ground area which would be covered by (i) any works or structure (other than a fence) for accommodating livestock or any plant or machinery arising from engineering operations; or (ii) any building erected or extended or altered (by virtue of Class A); would exceed 465 square metres, calculated as described in paragraph D.2 (D.2 sets out : This figure is calculated by including the ground area of any building (other than a dwelling), or any structure, works, plant, machinery, ponds or tanks within the same unit which are being provided or have been provided within the preceding two years and within 90m of the proposed development) The ground area of the building is 215sqm and there have been no buildings built in the last 2 years within 90m (e) The height of any part of any building, structure or works within 3km of the perimeter of an aerodrome* would exceed 3 metres (f) The site falls within 3km of Croughton Airfield. The height of any part of any building, structure or works not within 3km of the perimeter of an aerodrome would exceed 12 metres /A (g) (h) The height of the building is 6.5m Any part of the development would be within 25m from a metalled part of a trunk road or classified road The development is 60m away from the nearest road which is listed as a classified road The works consist of, or include, the erection or construction of, or the carrying out of any works to, a building, structure or an excavation used or to be used for the accommodation of livestock* or for the storage of slurry or sewage sludge where the building, structure or excavation is, or would be, within 400m from the curtilage of a protected building** The development is not proposed to be used for accommodating livestock or slurry or sludge. (i) The works would involve excavations or engineering operations on or over article 1(6) land which are connected with fish farming There is no article 1 (6) land in South orthamptonshire

5 In addition to the above criteria, the proposed development also needs to pass the tests below in order to benefit from permitted development rights: Criteria of both Class A and Class B Are the proposed works are on agricultural land? or (land which, before development permitted by this Part is carried out, is land in use for agriculture and which is so used for the purposes of a trade or business and excludes any dwellinghouse or garden) The building is proposed to be constructed on an arable field which is clearly in agricultural use in connection with an agricultural business The works are reasonably necessary for the purposes of agriculture within that unit The definition of reasonably necessary for the purposes of agriculture includes extensions, structures and buildings etc for biomass and anaerobic digesters see D8 D9 The land is in use as an agricultural holding, mainly for arable farming and with a flock of some 280 sheep. There are several large agricultural buildings within the site. The new building is considered reasonably necessary for the purposes of agriculture and is required for the storage of hay and straw for the sheep. The proposal does not meet all the criteria of Class A and therefore is not permitted development and requires the benefit of planning permission. The building would be located within 3km of Croughton Airfield and the height of the building is 6.5m which exceeds the height restriction of 3m if within 3km of an Airfield. COCLUSIO I do not consider that the proposed building complies with all the relevant criteria for Class A of Part 6. In particular Class A.1(f) and so I do not consider that it benefits from permitted development rights and planning permission is required for the proposed development. Case Officer Signature Geraldine Ward Authorising Officer signature Paul Seckington Date 11th February 2015 Date 12 February 2015