Agenda item

Ward: Pulborough, Coldwaltham and Amberley

Applicant: Mr and Mrs Peacock

The Head of Development & Building Control reported that this application sought permission for the retention of an agricultural storage barn and extended hardstanding.

The application site was located outside the built-up area to the north-west of Stall House Lane and was mostly laid to grass.  There was also a mobile caravan on site used as a mess hall.  There were a number of properties and small holdings in the vicinity, with the nearest neighbouring property to the south. 

The Parish Council raised no objection to the application.  There had been ten representations objecting to the application from nine separate addresses (six of which were from within the district), and five in support, as set in the report; since publication a further six letters of objection and five letters of support had been received, none of which raised additional considerations. 

Since publication of the report, a previous objector had submitted an environmental assessment, which the presenting officer commented on as follows:

Lighting:  this would be controlled through condition; officers recommended that Condition 3, as set out in the report, be amended to secure further control regarding external lighting and floodlighting.

Nitrate neutrality:  Natural England have not declared the district subject to nitrate neutrality so this was not relevant. 

Contamination from animal waste:  as an agricultural site animal waste was to be expected.  An additional condition could be added should Members be minded to do so.

Noise and odour:  the site was for agricultural use so these were to be expected.

Ecology:   the site was of a scale which would not be expected to provide mitigation or enhancements.  An informative could be added regarding the protection of great crested newts. 

A request to limit livestock:  the site was for agricultural use, not planning use, and such a condition would not be enforceable under the Town and Country Planning Act.  

One member of the public spoke on behalf of a number of residents in objection to the application, and the applicant addressed the Committee in support of the proposal. 

Members noted the background to the application and considered the consultees’ responses and the officer’s planning assessment.  Members were advised that the current sale of meat from the site was on a small scale, ancillary to its agricultural use, and therefore acceptable; this could be investigated in future if sales were on a larger scale.

With regards to the caravan on site, Members were reminded that the enforcement investigation had concluded and the current application related to the storage barn only.  It was proposed that an additional condition be added regarding the storage of animal waste on the site.  The proposal was seconded.

It was agreed that an Informative would be added to the decision notice regarding the protection of great crested newts as follows: 

‘Under the Conservation of Habitats and Species Regulations 2017 (as amended) and the Wildlife and Countryside Act 1981 (as amended), it is an offence to (amongst other things): deliberately capture, disturb, injure, or kill great crested newts; damage or destroy a breeding or resting place; intentionally or recklessly obstruct access to a resting or sheltering place. Planning permission for a development does not provide a defence against prosecution under this legislation. Should great crested newts be found at any stage of the development works, then all works should cease, and a professional and/or suitably qualified and experienced ecologist (or Natural England) should be contacted for advice on any special precautions before continuing, including the need for a licence.’

RESOLVED

That planning application DC/23/0185 be granted, subject to the conditions as reported, with an amendment to Condition 3 and an additional Condition 4 as follows:

Amended Regulatory Condition 3:  Within 3 months of the date of this permission hereby granted, an external lighting scheme shall be submitted to and approved in writing by the Local Planning Authority. The lighting scheme shall be in accordance with the Institute of Lighting Professional’s Guidance notes for the reduction of obstructive light and shall have been designed by a suitably qualified person in accordance with the recommendations.  The scheme shall be implemented in accordance with the approved scheme and thereafter retained as such. No other lighting shall be installed without the prior consent of the Local Planning Authority

Reason:  In the interests of the amenities of the locality and in accordance with Policy 33 of the Horsham District Planning Framework (2015).

Additiona Regulatory Condition 4:  Within 3 months of the date of this permission hereby granted, details of the location and size of the storage of animal waste shall be submitted to an approved in writing by the Local Planning Authority (in consultation with Local Members). The approved detail shall thereafter be retained as such unless otherwise agreed to and approved in writing by the Local Planning Authority.

Reason:  In the interests of the amenities of the locality and in accordance with Policy 33 of the Horsham District Planning Framework (2015).