Agenda item

Committee considered a detailed report presented by the Planning Manager in relation to the above application.

The application was seeking permission to change the use of agricultural land to equine use and the erection of two stables/field shelters.  The application had been called in to Planning Committee by Councillor Jim Clifton due to concerns raised by local residents regarding the impact of the development on the character and appearance of the conservation area.

Further detail could be found in the Supplementary Report, which noted that the application had been amended since its original submission following concerns expressed by the Conservation Manager, and also that a further four letters of objection had been received since the publication of the agenda. 

Further, in relation to lights on the site, if these were required and if planning permission was granted, a condition that they be turned off when not in use would also be added.

Mr Jonathan Parish attended the meeting and spoke against the application.

Dr Geoff Cutts attended the meeting and spoke against the application.

Mr Mark Highfield had been unable to attend the meeting but had submitted a written response against the application which was read to the meeting by the Planning Manager.

Ms. Tracey Scrimshaw (applicant) attended the meeting and spoke for the application.

A Member raised concern that part of the application was being made retrospectively.  The Assistant Director of Development advised the meeting that Committee only needed to consider the amended scheme as presented and that it was not necessary for Members to take into account historical events.

The Planning Manager noted that additional conditions could be imposed in relation to conditions 1 and 2 as set out in the report, that if these conditions were not carried out within the 56 day timeframe, the use of the site would cease and the development taken off the site.

Moved by Councillor Duncan McGregor and seconded by Councillor Chris Kane RESOLVED that the application be granted with conditions as follows:

Conditions:

1.    Within 56 days of the date of this permission the field shelters must be moved to the new position shown on the revised plan received via email on 9th May 2022 and must be maintained as such thereafter.  If the shelters are not moved within this time period, the use of the site must cease and the buildings and equipment brought onto the land for the purposes of that use must be removed until such time as the field shelters can be placed in the position shown on the approved plan.

2.    Within 56 days of the date of this decision the field shelters must be painted dark green and must be maintained as such thereafter. If the shelters are not painted dark green within this time period, the use of the site must cease and the buildings and equipment brought onto the land for the purposes of that use must be removed until such time as the field shelters can be painted dark green.

3.    The stable block and shelter marked building 1 on the revised plan submitted via email on 9^th May 2022 must be stained dark brown and must be maintained as such thereafter.

4.    The use of the land and buildings must be for the keeping of horses for private use only and no trade, business or commercial use in connection with the keeping of horses must be carried out.

5.    The lights to the stables will only be on when the occupier of the site is on site and requires light to carry out yard/horse care duties and will be turned off at all other times.

Statement of Decision Process

Officers have worked positively and pro-actively with the applicant to address issues raised during the consideration of the application.  The proposal has been considered against the policies and guidelines adopted by the Council and the decision has been taken in accordance with the guidelines of the Framework. 

Equalities Statement

Section 149 of the Equality Act 2010 places a statutory duty on public authorities in the exercise of their functions to have due regard to the need to eliminate discrimination and advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it (i.e. “the Public Sector Equality Duty”).

In this case, there is no evidence to suggest that the development proposals would have any direct or indirect negative impacts on any person with a protected characteristic or any group of people with a shared protected characteristic.

Human Rights Statement

The specific Articles of the European Commission on Human Rights (‘the ECHR’) relevant to planning include Article 6 (Right to a fair and public trial within a reasonable time), Article 8 (Right to respect for private and family life, home and correspondence), Article 14 (Prohibition of discrimination) and Article 1 of Protocol 1 (Right to peaceful enjoyment of possessions and protection of property).

It is considered that assessing the effects that a proposal will have on individuals and weighing these against the wider public interest in determining whether development should be allowed to proceed is an inherent part of the decision-making process. In carrying out this ‘balancing exercise’ in the above report, officers are satisfied that the potential for these proposals to affect any individual’s (or any group of individuals’) human rights has been addressed proportionately and in accordance with the requirements of the ECHR.

(Planning Manager)

Councillor Jim Clifton requested that his vote against the application be recorded in the Minutes.