| Conditions / Reason for Refusal: |
01
The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.
Reason
In order to comply with the requirements of the Town and Country Planning Act 1990.
02
The permission hereby granted shall relate to the area shown outlined in red on the approved site plan and the development shall only take place in accordance with the submitted details and specifications as shown on the approved plans (as set out below) except as shall be otherwise agreed in writing by the Local Planning Authority. (Drawing numbers 1, Site plans at 1.1250 & 1.500 received 3 January 2012, Drawing number 2 received 28 March 2012 & Car Parking Plan received 4 April 2012)
Reason
To define the permission and for the avoidance of doubt.
03
No development shall take place until details of the natural stone (including coursing details) to be used in the construction of the external surfaces of the development hereby permitted have been submitted or samples of the materials have been left on site, and the details/samples have been approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details/samples.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity and in accordance with UDP Policy ENV3.1 ‘Development and the Environment’.
04
The proposed window and door openings shall be provided with stone heads cills and mullions, salvaged where possible from the original building.
Reason:
In the interest of retaining the character of the barn building and improving its appearance within the Conservation Area.
05
No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the development is brought into use.
Reason
In the interests of the visual amenity of the area and in accordance with UDP Policy ENV3.1 ‘Development and the Environment’.
06
Before the development is brought into use, a 1.8m wide footway shall be constructed on the site frontage to Church Street in accordance with the Council’s specification for adoptable footways.
Reason
In the interests of highway safety.
07
Before the development is brought into use the car parking area shown on the submitted plan shall be provided, marked out and thereafter maintained for car parking.
Reason
To ensure the provision of satisfactory garage/parking space and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
08
Before the development is brought into use, that part of the site to be used by vehicles shall be constructed with either;
a/ a permeable surface and associated water retention/collection drainage, or;
b/ an impermeable surface with water collected and taken to a separately constructed water retention/discharge system within the site.
The area shall thereafter be maintained in a working condition.
Reason B
To ensure that surface water can adequately be drained and that mud and other extraneous material is not deposited on the public highway and that each dwelling can be reached conveniently from the footway in the interests of the adequate drainage of the site, road safety and residential amenity and in accordance with UDP Policy HG5 ‘The Residential Environment’.
09
Prior to the commencement of development, details of how biodiversity on the site
can be enhanced shall be submitted to and approved in writing by the Local Planning Authority, as a minimum the scheme shall include details of bat roosting opportunities (comprising narrow slots at the rear of soffit boards or at gable ends) and details of enhanced bird nesting opportunities within the new development. The approved measures shall be incorporated into the development and retained in perpetuity.
Reason
In the interest of enhancing biodiversity on site.
10
No development shall take place until full details of a bat emergence survey (carried out at a time to be approved by the Local Planning Authority) has been submitted to and approved in writing by the Local Planning Authority. Any recommendations included within the report shall be incorporated within the development and retained for the lifetime of the development.
Reason
In the interest of determining and confirming whether bats are roosting in the site.
INFORMATIVE
INF 30 Provision for Fire Appliances
The granting of this permission does not override any requirement to provide a turning head for a fire appliance in accordance with any Building Regulations submission.
Wildlife Legislation
The protection afforded to protected sites and species under UK and EU legislation is irrespective of the planning system and the applicant should therefore ensure that any activity undertaken, regardless of the need for any planning consent, complies with the appropriate wildlife legislation. If any protected species are found on the site then work should halt and an appropriately qualified ecologist consulted. The main piece of legislation relating to nature conservation in Great Britain is the Wildlife and Countryside Act 1981. This Act is supplemented by the Conservation of Habitats and Species Regulations 2010 (Habitat Regulations), the Countryside and Rights of Way (CRoW) Act 2000 (in England and Wales) and the Natural Environment and Rural Communities (NERC) Act 2006 (in England and Wales).
All species of bats and their roosts are protected by UK and European legislation.
Roosts are equally protected whether bats are present or not.
The Great Crested Newt is protected by UK and European legislation. The legislation covers all life stages; eggs, tadpoles and adult newts are all equally covered.
Otters and their holts, including hovers and couches, which are otter resting places above ground, are protected by UK and European legislation.
Water Vole are protected against killing, injuring or taking; possession or control; damage or destruction of its places of shelter, or disturbance while such animals are occupying places of shelter.
All birds, their nests and eggs are protected by UK law and it is an offence, with certain exceptions, to kill, injure or take any wild bird, to take, damage or destroy the nest of any wild bird while it is in use or being built, and to take or destroy the egg of any wild bird. Certain species receive increased protection making it an offence to disturb any wild bird listed on Schedule 1 while it is nest building or is at (or near) a nest with eggs or young; or disturb the dependant young of such a bird.
Badgers and their setts are protected under the Protection of Badgers Act 1992,
which makes it illegal to kill, injure or take badgers or to interfere with a badger sett. Interference with a sett includes blocking tunnels or damaging the sett in any way.
The information provided is a summary only; for definitive information, primary
Sources should be consulted.
STATEMENT OF REASONS FOR DECISION TO GRANT PLANNING PERMISSION
Having regard to the Development Plan and all other relevant material considerations as set out below:
Development Plan
Local Planning Policy
UDP Policy ENV2.11 Development in Conservation Areas
UDP Policy ENV3.1 Development and the Environment
UDP Policy ENV3.5 Alternative Uses for Rural Buildings and Building within the Green Belt
Other relevant material planning considerations
National Planning Policy Framework: The NPPF came into effect on March 27th 2012 and replaced all previous Government Planning Policy Guidance (PPGs) and most of the Planning Policy Statements (PPSs) that existed.
It advocates a presumption in favour of sustainable development and sets out what could make a development unsustainable with regard to economic, social and environmental considerations.
For the following reasons:
The Council considers that the proposed conversion to residential is acceptable and complies with the relevant policies by retaining a traditional building enhancing its appearance within the conservation area. In addition it is considered that the development will not result in a detrimental effect on nearby residential properties.
Furthermore it is considered that subject to the recommended conditions the proposal will improve highway safety at the site by providing a pedestrian footway adjacent to Church Street and car parking facilities within of the site.
The forgoing statement is a summary of the main considerations leading to the decision to grant this application. More detailed information may be obtained from the Planning Officer’s report; the application case files and associate documents.
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