Agenda item

Erection of Agricultural Barn.

The Committee considered a report of the Principal Planning Officer regarding the erection of an agricultural barn (for copy see file of Minutes).

The Principal Planning Officer provided a detailed presentation which included photographs of the site and plans of the proposed layout. She advised that since the report had been written a further letter of objection had been received containing 12 signatures. The concerns raised related to the visual impact of the building on the landscape; construction materials considered to be out of character with the area and storage of equipment proposed not required for the maintenance of the land.

The Principal Planning Officer further advised that should members be minded to approve the application, 2 additional conditions would be required, the first, that the existing fence should be removed and replaced with suitable hedging prior to the commencement of the building and the second, that details of the colour sheet to be used on the building be agreed with officers prior to use.

Councillor W Stelling, local member addressed the committee to speak in objection to the application. He advised that he understood the land to have been sold to Mr Berry for the purpose of community allotments and queried whether the change in use to agricultural had been agreed.

He advised that the existing fence which surrounded the site, installed by the applicant was an eyesore. Animals were currently left roaming around the site and on a number of occasions had escaped and were left roaming the housing estate.

Although he acknowledged that the applicant had significantly reduced the proposed size of the building, it did not detract from the fact that it was ugly and out of character with the area. The proposed materials were unsuitable and he noted the applicants’ refusal to agree to planners recommendations of a brick and render building.

Regarding highways issues, he went on to add that the existing hammerhead at the site should be left as it is and could see no reason for the need to drop the curb for what was intended by the applicant.

He went on to refer to policies GDP1, GDP3 and EN26 of the Derwentside District Local Plan and NPPF Parts 4,7 and 11, all of which he felt the application failed to meet.  He further noted that no coal mining risk assessment had been undertaken.

In response the Principal Planning Officer advised that the issue of land use was a separate issue and would have to be dealt with outside of planning. She did however note that should the site be used for the purposes of allotments, there could potentially be a number of buildings placed on site.

Mrs S Mower, local resident, addressed the committee to speak in objection to the application on behalf of herself and neighbouring residents.

She advised that since the land had been purchased by Mr Berry there had been an adverse impact upon the residents, including increase in traffic and accessing the building at unsociable hours. The roads were also often covered in dirt and muck from vehicles accessing the site.

The proposed box sheeting was considered to be out of keeping with the area and she could not see why an area of land grazed by animals required machinery such as a quad and mini digger. She further noted that machinery had been used on site at unsociable hours causing disturbance to residents.

In referring to highways issues, she queried the requirement for the proposed access road and noted that the land although not designated for parking had been used for this purpose for many years.

She went to reiterate comments already made regarding the unsightly state of the land. She further noted that animal dung was not regularly removed from site and did during warmer weather, cause a foul smell. Residents of Dunelm Close had also been subjected to shouting and intimidating behaviour from those using the site, some instances of such having being reported to the police. In addition fires had been lit on site and left unattended by the applicant, causing concern and possible danger to others.

Councillor Brown asked whether there were any conditions placed on the land sale. She further noted the state of the site and sympathised with residents for the issues they were facing.

Councillor Wilson asked whether the council would have more control over the operations on site via enforcement action should planning permission be granted with conditions.

Councillor Shield, noted as local member that he had grave concerns regarding the application which included; the adverse visual impact the building would have on the area given its uncharacteristic design. The increase in use of highway and hammerhead due to increased visits to the site by families etc. given its intended use as a hobby farm. He therefore suggested that the application contravened policies GDP1, AG3, EN26 and TR2 of the Derwentside Local Plan and Parts 7 and 11 of the NPPF.

Councillor M McKeon asked whether given the potential covenant issue, the decision should be deferred until those discussions had taken place. The Chair reminded members that this was an issue to be dealt with outside of the planning committee and could not be taken into consideration today.

Councillor Thompson commented that he found the use of a quad bike to be problematic, adding that it did not fit in with the environment and size of land being farmed. He therefore queried whether it could be conditioned as to what was kept in the building. In response the Principal Planning officer advised that this would be covered by Condition 3, which gave the authority enforcement powers to ensure that the authority were satisfied with the contents of the building and that the items were being used for the purposes of maintaining the site.

Councillor Milburn asked whether Highways could offer their views and also asked whether it was known what kind of hedge would replace the fence.

The Principal DM Engineer commented that he too sympathised with residents, recognising that there had been non-legitimate highway use causing conflicts for other road users. He also noted that concerns had been raised regarding the dirt which was being dragged onto the public highway from the site.

He reported that in light of the above Highways Engineers had requested that legitimate access be installed with parking on site for use of the site only. He further noted that the road width was suitable in width for a tractor to pass when cars were parked either side.

Councillor L Brown asked how big of an area the applicant farmed. She also referred to the Allotments Act 1907 and trade use. The Principal Planning Officer advised that the site was approximately 1 acre in size. The Solicitor advised that although an interesting point, the land use was a separate issue to be considered outside of the planning committee.

In response to Councillor Wilson’s previous question regarding enforcement, the Principal Planning Officer advised that Condition 4 would ensure that the hours of operation of machinery could be controlled.

Further discussion took place regarding the coal mining risk assessment and it was noted that the condition would only be discharged upon completion of a full coal mining risk assessment.

Councillor Shield therefore MOVED that the application be REFUSED on the grounds that it contravened policies GDP1, AG3 and EN26 of the Derwentside Local Plan and Parts 7 and 11 of the NPPF.

Councillor Zair SECONDED the proposal.

Following a vote being taken it was

Resolved: That the application be REFUSED on the grounds that the proposed building by virtue of its appearance, design and materials would be

detrimental to the visual amenity, residential amenity and character and appearance of this predominantly residential/urban fringe area contrary to Derwentside Local Plan Policy GDP1, AG3 and EN26 of the Derwentside District Local Plan and Parts 7 and 11 of the NPPF.