Agenda item

3/2013/0464 - Land to the south east of Highfields, Tow Law

Erection of greenhouse, polytunnel and storage building, alterations to site levels and vehicular access, and formation of pond (part retrospective)

Minutes:

Consideration was given to the report of the Principal Planning Officer regarding an application for the erection of a greenhouse, polytunnel and storage building, alterations to site levels and vehicular access, and formation of pond (part retrospective) (for copy see file of Minutes).

 

The Principal Planning Officer gave a detailed presentation on the application which included photographs of the site.

 

Mr Nichalson, the applicant was in attendance to respond to questions from Members.

 

In response to a question from the Chairman about condition 3 in the report and the proposed usage of the buildings, Mr Nichalson confirmed that whilst he did not wish to house livestock he was a bee-keeper and wanted to use the proposed storage building for this purpose. He advised that according to DEFRA bees were classed as livestock.

 

The Committee discussed the feasibility of amending the condition to allow bees and some Members also queried the need to prevent livestock altogether, given the rural position of the site and the potential for the land to be used to house other animals in future. 

 

Councillor Clare pointed out that Mr Nichalson had only asked to keep bees in the building, and any future proposals for the housing of livestock could be dealt with by an application for change of use.

 

C Cuskin, Solicitor (Planning and Development) clarified that the purpose of the condition was to prevent unreasonable impact on neighbouring residents in terms of noise and smell due to the close proximity of the buildings to residential properties.    

 

At this point the meeting adjourned to allow Members to seek advice on the legal position with regard to housing livestock and the proposal to amend condition 3. The Applicant left the meeting during the discussion.

 

During the discussion Councillor Patterson left the meeting.

 

On Mr Nichalson’s return Members proceeded to determine the application.

 

Following a question from Councillor Wilson about the safety of the pond given the close proximity of houses, the Member was informed that this was not a material planning consideration, however Mr Nichalson confirmed that he had done as much as possible to minimise any risk.

 

The Committee were of the view that the building should not be used for housing livestock because of the potential impact on local residents but felt that bee-keeping was an acceptable activity, and that condition 3 should be amended to reflect this.

 

 

Resolved:

 

That the application be approved subject to the conditions in the report and to  condition 3 being amended to read as follows:-

 

3.         The buildings hereby approved shall be used for agricultural purposes only, but not including the housing of livestock other than bees, or any business purposes.

 

Supporting documents: