Change of use of redundant rural building to one dwelling.

Approved contrary to the case officer’s recommendation.

The Principal Planning Officer gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided in the update sheet.

In accordance with the criteria for public speaking Mr Wilson, representing Bartestree with Lugwardine Parish Council, and Mr Smith, the applicant’s agent, spoke in support of the application.

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillor DW Greenow, the local ward member, commented on a number of issues, including:

• The site map contained within the agenda was unacceptable and did not show the site in relation to the neighbouring area.
• Recently had a discussion with the Chairman of the Parish Council’s Planning Committee who made a strong case for supporting the application.
• The policy referred to in the case officer’s reason for refusal could also be used to support the application.
• The site was in a sustainable location and was just outside of the settlement boundary.
• There was no other use for the building and it could easily fall into a state of disrepair.

Members noted that the Parish Council was in support of the application and voiced concerns that the building could end up derelict if the application was not approved. The planning history of the site was also noted, the Committee were satisfied that there had been an attempt to use the building for business use but that this had proved unsuccessful.

In respect of the site, the Committee felt that it was sustainable and would be suitable for a small 2 bedroom dwelling. They were however of the opinion that the footprint of the existing building should not be extended. There was a discussion as to how this could be achieved with one of the Members recommending that the permitted development rights be removed to ensure that any extensions to the building would be subject to planning consent.

The Locum Lawyer advised that the removal of permitted development rights would normally be through the use of an article four direction. However he was of the opinion that a condition could be added to the resolution to address the concerns of the committee.

The Head of Neighbourhood Planning advised that it was not unusual to remove permitted development rights for applications but the use of a condition was an acceptable course of action for the committee to take.      

In response to a number of points raised by the Committee, the Principal Planning Officer advised that there had been no details of ‘local use’ contained in the applicant’s submission. She also advised that the site had been market tested but noted that it was not unusual for buildings to struggle to sell in the current financial climate this however did not discount other uses such as a holiday let, which would be deemed more acceptable. It was also noted that the previous uses of the building, for retail and a coffee shop, were not during the applicant’s ownership. Finally she added that if the site was granted planning permission the committee could then be faced with an application for a new dwelling on the site.

In response to the concerns raised by the Principal Planning Officer, the committee asked for legal advice in respect of a condition restricting any further extensions to the building. The Locum Lawyer confirmed that a condition could be added which would be precise, accurate and enforceable.

Councillor DW Greenow was given the opportunity to close the debate. He reiterated his opening remarks and requested that the application be approved.

The Locum Lawyer and the Head of Neighbourhood Planning had a brief discussion in respect of section 4.8.10.2 of the Council’s Constitution regarding the Further Information Report process. Neither Officer requested a further information report and the Committee proceeded to the vote.

RESOLVED

THAT planning permission be granted subject to the following conditions and any other conditions considered necessary by the Assistant Director – Economic, Environment & Cultural Services.

1          The development hereby permitted shall be begun before the expiration of one year from the date of this permission.

Reason: To comply with the provisions of Section 91(1) (b) of the Town and Country Planning Act 1990 (as amended) and to reflect the decision of the local planning authority on 4 March 2009 to suspend (effective from 1 April 2009) the requirements of the Authority's Planning Obligations Supplementary Planning Document (February 2008) in relation to all employment developments falling within Classes B1, B2 and B8 of the Town and Country Planning Use Classes Order 1987 as amended by the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005, the employment element of any mixed use development and residential developments of five dwellings or less.

2          The development hereby approved shall be carried out strictly in accordance with the approved plans (drawing nos. JS/166/11/3 RevA and JS/166/11/2) and the schedule of materials indicated thereon.

Reason: To ensure adherence to the approved plans and to protect the general character and amenities of the area in accordance with the requirements of Policy DR1 of the Herefordshire Unitary Development Plan.

3          Notwithstanding the provisions of article 3(1) and Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995, (or any order revoking or re-enacting that Order with or without modification), no development which would otherwise be permitted under Classes A, B, D, E and F of Part 1 and of Schedule 2, shall be carried out.

Reason: In order to protect the character and amenity of the locality and to comply with Policy HBA12 of the Herefordshire Unitary Development Plan.