Stockton-on-Tees Borough Council

Big plans, bright future

Planning Committee Minutes

Date:
Wednesday, 18th March, 2015
Time:
1.30pm
Place:
Jim Cooke Conference Suite, Stockton Central Library, Stockton on Tees, TS18 1TU
 
Please note: all Minutes are subject to approval at the next Meeting

Attendance Details

Present:
Cllr Gillian Corr(Vice-Chairman), Cllr Jim Beall, Cllr Michael Clark(Vice Cllr David Rose), Cllr Phillip Dennis, Cllr Jean Kirby, Cllr Paul Kirton, Cllr Ken Lupton, Cllr Andrew Sherris, Cllr Norma Stephenson O.B.E, Cllr Mick Stoker, Cllr Steve Walmsley
Officers:
Peter Shovlin, Colin Snowdon, Greg Archer, Barry Jackson(DNS) Daniel James, Carol Straughan, Julie Butcher, Sarah Whaley(LD)
In Attendance:
Applicants, Agents, Members of the Public
Apologies for absence:
Cllr Robert Gibson, Cllr Alan Lewis, Cllr David Rose, Cllr David Wilburn
Item Description Decision
Public
P
116/14
EVACUATION PROCEDURE
 
P
117/14
DECLARATIONS OF INTEREST
There were no declarations of interest.
P
118/14
MINUTES FROM THE MEETINGS WHICH WERE HELD ON THE 17TH DECEMBER 2014 AND THE 14TH JANUARY 2015
RESOLVED that the minutes be approved and signed by the Chair as a correct record.
P
119/14
15/0083/FUL
LAYFIELD ARMS, DAVENPORT ROAD, YARM
PROPOSED EXTERNAL ALTERATIONS TO BUILDING, ALTERATION TO EXISTING ACCESS AND PARKING ARRANGEMENTS AND PROVISION OF BIN STORE TO NORTH ELEVATION. (CHANGE OF USE FROM PUBLIC HOUSE TO SHOP CONSTITUTES PERMITTED DEVELOPMENT

RESOLVED that planning application 15/0083/FUL be approved subject to the following conditions and informative below;

01 The development hereby permitted shall be begun before the expiration of Three years from the date of this permission.

02 The development hereby approved shall be in accordance with the following approved plan(s);

Plan Reference Number Date on Plan
1021-P10 A 18 February 2015
SBC0001 15 January 2015
1021-S02 15 January 2015
1021-S01 15 January 2015
1021-S03 15 January 2015
1021-P11 B 12 February 2015
1021-P12 A 12 February 2015

03.Hard landscaping details

Notwithstanding the submitted information, no works shall commence until full details of proposed hard landscaping has been submitted to and approved in writing by the Local Planning Authority. This will include all external finishing materials, finished levels, and all construction details confirming materials, colours, finishes and fixings. The scheme shall be completed to the satisfaction of the Local Planning Authority according to the approved details within a period of 12 months from the date on which the development commenced. Any defects in materials or workmanship appearing within a period of 12 months from completion of the total development shall be made-good by the owner as soon as practicably possible.

04. Means of enclosure and bin store

Notwithstanding the submitted plans all means of enclosure (including the proposed bin store) associated with the development hereby approved shall be in accordance with a scheme to be submitted to and agreed in writing with the Local Planning Authority before the development commences. The development shall be completed in accordance with the agreed details, to the satisfaction of the Local Planning Authority.

05. Tree protection

Notwithstanding the submitted information including the Elliot Consultancy 'Pre-development Tree Survey ref ARB/AE/1034 (date received 15.01.2015), no development shall commence until a scheme for the protection of trees has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the agreed scheme and shall accord with the requirements of BS 5837:2012 Trees in relation to design, demolition and construction.

Any such scheme agreed in writing by the Local Planning Authority shall be implemented prior to any equipment, machinery or materials being brought to site for use in the development and be maintained until all the equipment, machinery or surplus materials connected with the development have been removed from the site.

06. The external finishing materials shall match with those of the existing building

07. Hours of construction/deliveries

No construction/building works or deliveries of materials shall be carried out except between the hours of 8.00 am and 6.00 pm on Mondays to Fridays and between 9.00 am and 1.00 pm on Saturdays. There shall be no construction activity including demolition on Sundays or on Bank Holidays.

Informative 1: National Planning Policy Framework
The Local Planning Authority has implemented the requirements of the National Planning Policy Framework.

Informative 02 to applicant; prohibited works to protected trees
The following works are not allowed under any circumstances:
o No work shall commence until the approved Tree Protection Barriers are erected (in accordance with the requirements of condition 05)
o No equipment, signage, structures, barriers, materials, components, vehicles or machinery shall be attached to or supported by a retained tree.
o No fires shall be lit or allowed to burn within 10 metres of the canopy spread of a tree or within the Root Protection Zone.
o No materials shall be stored or machinery or vehicles parked within the Root Protection Zone.
o No mixing of cement or use of other materials or substances shall take place within the Root Protection Zone or within such proximity where seepage or displacement of those materials or substances could cause them to enter the Root Protection Zone.
o No unauthorised trenches shall by dug within the Root Protection Zone.

No alterations or variations to the approved works or tree protection schemes shall be carried out without the prior written approval of the Local Planning Authority.

Informative 03 to applicant; Requirement for s278 Agreement (works to adopted highway)
With respect to the proposed works to widen the existing access, the applicant should contact the Council's Highway Network Management to discuss this further.

Informative 04 to applicant; Recommendations of Cleveland Police's Architectural Liaison Officer (ALO).
The ALO has advised that he would expect that the development puts in place measures to reduce the potential of crime and disorder. This would include
-good lighting to car parking and footpath areas lighting to these areas should comply to the requirements of BS5489.
-the bin store needs to be secure to prevent easy access to the area.
- The ALO recommends CCTV coverage of shop frontage in additional to the usual internal CCTV. An operation requirement should be carried out in relation to CCTV installation along with complying with the requirements of Data Protection.
- door recesses should be avoided if possible any replacement doors. The ALO recommends this be certified to one of the following security standards LPS 1175 Issue 7 or PAS 24: 2012.
- any replacement glazing should be laminated min thickness 6.8mm any replacement ground floor window or easy accessible windows should be certified to BS356:200
P
120/14
14/3299/COU
270 NORTON ROAD, NORTON, STOCKTON-ON-TEES
CHANGE OF USE FROM A1 (HAIR AND BEAUTY SALON) TO A5 (FISH AND CHIP SHOP)

RESOLVED that planning application 14/3299/COU be approved subject to the following conditions and informative:-

Time period for commencement;
01 The development hereby permitted shall be begun before the expiration of Three years from the date of this permission.

Approved Plans;
02 The development hereby approved shall be in accordance with the following approved plan(s);

Plan Reference Number Date on Plan
02 22 December 2014
01 22 December 2014

Flue / Ventilation details;
03 Notwithstanding the submitted plan before development commences details of a ventilation and fume extraction system, including a full technical specification by a suitably qualified technical professional person, specifying the position of ventilation, fume or flue outlet points and the type of filtration or other fume treatment which shall be installed and used at the premises in pursuance of this permission shall be submitted to and approved in writing by the Local Planning Authority and shall be installed before the development is brought into use and thereafter be retained in full accordance with the approved details. The approved ventilation and extract system shall be operated and maintained in accordance with the manufacturer's recommendations, including the frequency of replacement of any filters.

Drainage;
04 The drainage system to the premises shall be provided with a suitable grease trap so as to prevent the discharge of grease into the public sewer.

Construction noise
05 No construction/building works or deliveries shall be carried out except between the hours of 8.00 am and 6.00 pm on Mondays to Fridays and between 9.00 am and 1.00 pm on Saturdays. There shall be no construction activity including demolition on Sundays or on Bank Holidays.

Operating Hours
06 The premises to which this permission relates shall not be open for business outside the hours of 09.00 to 21.00 Mondays to Saturday with the premises being vacated by any members of staff by 22.00 hours. The premise shall not be open on Sundays. Any vehicles servicing the premises shall not call at the premises between the hours of 22.00 hours and 09.00 hours.

Informative 1: National Planning Policy Framework
The Local Planning Authority has implemented the requirements of the National Planning Policy Framework.
P
121/14
14/2802/RET
CARAVAN, BLAKESTON CROFT FARM, BLAKESTON LANE
RETROSPECTIVE APPLICATION FOR RESIDENTIAL CARAVAN FOR AGRICULTURAL WORKER

RESOLVED that planning application 14/2802/RET
Caravan, Blakeston Croft Farm, Blakeston Lane be Approved (c/r)

Conditions delegated to the Head of Planning to include 3 year period and agricultural occupancy restriction.

The residential occupation of the caravan is granted for a temporary period of 3 years from the date hereof, or until the business ceases to operate (whichever is the sooner), unless the renewal of consent is sought and granted.

The occupation of the dwelling shall be limited to a person solely or mainly employed, or last employed in the locality in agriculture or in forestry, or a dependant of such a person residing with him or her, or a widow or widower of such a person.
P
122/14
ALTERATION TO THE CALL IN PROCESS AND THE PROTOCOL
RESOLVED that the Planning Committee note and confirm agreement to the changes.
P
123/14
1. APPEAL - MR G CLARK - THORPE THEWLES LODGE, DURHAM ROAD THORPE THEWLES - 14/0003/COU - DISMISSED
2. APPEAL - MR & MRS JORDAN - ASLAK, AISLABY, EAGLESCLIFFE - 14/2285/FUL - DISMISSED
3. COSTS APPEAL- MOORE & MCCLUSKEY - LAND OFF BUSBY WAY, MOUNT LEVEN, YARM - 14/0807/OUT - PARTIAL AWARD OF COSTS

RESOLVED that the appeals be noted.
1.30pm

Preamble

ItemPreamble
P
116/14
The Evacuation Procedure was noted.
P
118/14
Consideration was given to the minutes of the Planning Committee minutes which were held on the 17th December 2014 and the 14th January 2015 for approval and signature.
P
119/14
Consideration was given to a report on planning application 15/0083/FUL Layfield Arms, Davenport Road, Yarm.

The application site related to the Layfield Arms public house (which was currently vacant), located off Davenport Road, Yarm, Stockton on Tees.

The application sought planning permission for proposed external alterations to the existing building, alterations to the existing access and parking arrangements and provision of a bin store to north elevation to facilitate a permitted change of use from a public house (A4 Use) to a retail shop (A1 Use). An ATM was originally proposed but this had since been omitted from the application.

It should be noted that the change of use from an A4 Use (pub) to an A1 Use (retail) constituted permitted development and did not require planning permission.

This had been the case since 1988 (Part 3, Changes of Use, Class A of The Town and Country Planning General Development Order 1988 which permitted the change of the use of a building to a use falling within Class A1 (shops) from a use falling within Class A3 food and drink). The Use Classes Order was then revised in 2005 to sub-divide the A3 Use into three separate uses - A3 (restaurants and cafes), A4 (Pubs and bars) and A5 (Hot food takeaway). The permitted change from an A4 to A1 use was retained as part of the 2013 update to the Use Classes Order and remained as of March 2015.

The Head of Technical Services had raised no objections to the scheme on highway and pedestrian safety grounds. The Council's Landscape Officer had raised no objections to the scheme in terms of the impact on existing landscaping features within the site subject to appropriate protection measures which could be secured by a planning condition. The Environmental Health Unit had also raised no objections to the scheme.

Cleveland Police's Architectural Liaison Officer had raised no objections to the scheme but had made a number of advisory comments to address any potential for anti-social behaviour. These comments were appended as an informative.

To date, 110 (one hundred and ten) objections had been received including a petition (which constituted 1 objection under the Council's Scheme of Delegation). An objection had also been received from Yarm Town Council. The objections were summarised within the main report but included that, the proposed retail unit being unnecessary; the loss of public house would be to the detriment of the community; the Local Planning Authority should make an Article 4 Direction on the building; increase in traffic, raising highway and pedestrian safety issues; increase in Anti-social behaviour and crime including youth congregation; impact on residential amenity in terms of noise and disturbance from customers, delivery vehicles; the alterations would be out of keeping with the area resulting in an adverse visual impact; property devaluation and loss of business/increase in competition.

2 letters of support had been received, outlining general support for the proposal and commenting that the proposal would be more convenient for the area and would create employment opportunities. 2 ‘representations' had also been received, which outlined both general support and a number of concerns.

Following publication of the report a further letter of objection had been received from Ms Louise Baldock on the grounds of
- anti-social behaviour/crime
- Car parking issues
- creation of litter
- development not suitable for area
- Noise
- Residential Amenity
- opening times

Reference was also made to what the law allowed which were not material planning considerations and therefore related to the principle of the change of use, competition, opening hours and the level of car parking.

Subject to the imposition of the identified relevant planning conditions, the scheme was considered to accord with the general principles of the National Planning Policy Framework. The scheme as proposed was not considered to have an adverse impact on the character and appearance of the existing building and surrounding area or lead to an unacceptable loss of amenity and privacy for neighbouring land users. It was considered that the scheme was acceptable in terms of highway matters and was not considered to result in an adverse impact on protected landscaping features.

The application was recommended for approval accordingly.

The consultees that had been notified and the comments that had been received were detailed within the report.

Neighbours were notified and the comments received were detailed within the report.

With regard to planning policy where an adopted or approved development plan contained relevant policies, Section 38(6) of the Planning and Compulsory Purchase Act 2004 required that an application for planning permissions should be determined in accordance with the Development Plan(s) for the area, unless material considerations indicated otherwise. In this case the relevant Development Plan was the Core Strategy Development Plan Document and saved policies of the Stockton on Tees Local Plan

Section 143 of the Localism Act came into force on the 15 Jan 2012 and required the Local Planning Authority to take local finance considerations into account, this section s70(2) Town and Country Planning Act 1990 as amended required in dealing with such an application [planning application] the authority should have regard to a) the provisions of the development plan, so far as material to the application, b) any local finance considerations, so far as material to the application and c) any other material considerations

The planning policies that were considered to be relevant to the consideration of the application were contained within the main report.

The Planning Officers report concluded that the proposed planning application be approved with conditions for the reasons specified within the main report.

The Applicants Agent was in attendance at the meeting and was given the opportunity to make representation. His Comments could be summarised as follows:

- The Applicant welcomed the Officer recommendations and fully considered the material considerations.

- The shop would employ 6 full time staff and 12 to 15 part time staff.

- The main objections were related to permitted development.

- Some objections received had expressed that the loss of the pub would be detrimental to the local community, however the pub had suffered bad times over the last couple of years.

- Many of the objections raised had been encouraged by a local shop which was within the same vicinity as the proposed application.

- The ATM machine was now to be located inside the store and therefore would only be used during opening hours.

Ward Councillor Sherris was in attendance at the meeting and was given the opportunity to make representation. His Comments could be summarised as follows:

- Concerns were raised in connection with Crime and Disorder; the report appeared to gloss over this.

- A request was made suggesting that the car park was closed off after hours as it had been during the time the site was a pub.

- Although Cleveland Police's Architectural Liaison Officer had made a number of advisory comments which included CCTV coverage to be provided on the shop frontage, would CCTV coverage be provided in the actual car park?

The Applicants Agent addressed the Committee and was given the opportunity to respond to some of the concerns and issues raised by Ward Councillor Sherris. His comments could be summarised as follows:

- The Co-op would be interested in following up Councillor Sherris's suggestions in relation to the closing of the gate outside of shop hours except for deliveries.

- CCTV had been inferred for the car park however the client had still not clarified CCTV provision fully.

Objectors were in attendance at the meeting and given the opportunity to make representation. Their comments could be summarised as follows:

- It was felt that the increase in traffic from the additional housing which was currently under construction, coupled with the increase in the number of people visiting the proposed supermarket would prove dangerous and increase the risk of road traffic accidents.

- 3 minor accidents had already been witnessed close to the site.

- When the premises operated as a public house there was rarely more than a handful of cars in the car park at any one time which kept road traffic accidents to a minimum.

- Suggestions were made to close the car park using the existing barriers during shop closing times to minimise the risk of Anti-Social Behaviour and the reliance of the Police to manage potential Anti-Social Behaviour issues.

- External signs and bright lighting would not be in keeping with the local area and the Market Town of Yarm.

Members were given the opportunity to ask questions/make comments on the application and these could be summarised as follows:

- Concerns were raised in relation to opening and closing times and the sale of alcohol and the times this would be sold.

- Members shared the concerns residents had in relation to Anti-Social behaviour, the use of the car park, illuminated signage and illumination inside the shop as this would be less ambient than that when the site was a pub.

- Although it was understood that the local authority had no control over the change of use, some Members felt that the number of residents that had complained to no avail, made a mockery of localism.

- Why were supermarkets being looked at outside of town centres? this could have an impact on Yarm High Street.

- Members requested to know if the living accommodation above the shop would be occupied.

- Members requested confirmation that recycling facilities would not be located within the car park.

Officers addressed the Committee and were given the opportunity to respond to some of the concerns and issues raised by Members. Their comments could be summarised as follows:

- The supermarket would need to apply for a new licence to sell alcohol, the application process would take into account the risks associated with Anti-Social Behaviour and the sale of alcohol.

- In terms of internal illumination the local authority had no control. External illumination would be looked at separately.

The Applicants Agent addressed the Committee and was given the opportunity to respond to some of the concerns and issues raised by Members. His comments could be summarised as follows:

- In relation to questions raised regarding occupancy of the living accommodation above the shop, it was explained that the whole of the living accommodation was to be utilised however this was planned for a future application.

- With regard to recycling facilities being introduced, the Agent was not aware of any proposal for this.

A vote then took place and the application was approved.
P
120/14
Consideration was given to a report on planning application 14/3299/COU 270 Norton Road, Norton, Stockton-On-Tees.

Planning permission was sought for the change of use of 270 Norton Road, Norton from an A1 (Hair and Beauty Salon) to A5 (Fish and Chip shop). The application site was located within the Norton Road (Central) Neighbourhood Centre. The premise was currently vacant.

There had been 9 letters of objection to the proposal which in summary objected as the takeaway was against planning policy s10 of Alteration No 1 of the adopted Stockton on Tees Local Plan and Emerging Council's Regeneration and Environment (LDD), currently 50% of the parade was non-retail and if approved would be 58% which would affect vitality and viability of the defined centre, trade would be taken from Stockton town centre, the premises had not been vacant for the time period specified, there were five existing takeaways in the vicinity of the site, approval would not be limited to a fish and chip takeaway outlet but could be any other takeaway provision, there were no drainage or flue extraction details provided, odour nuisance, impact of a further takeaway on the character and appearance of Norton Road.

There had been 11 letters of support received which in summary supported the proposal due to the jobs generated, promotion of a small business in the current economic climate, preferable to a vacant shop in the parade, it would increase in trade and custom through linked trips, variety given by a fish and chip shop, the need for a fish and chip takeaway in the area since the previous one (Belle Vue Fish Bar) on Norton Road closed, benefit of a further food outlet to residential properties.

The Built and Natural Environment Manager and the Environmental Health Unit Manager had no objections the proposal.

The consultees that had been notified and the comments that had been received were detailed within the report.

Neighbours were notified and the comments received were detailed within the report.

With regard to planning policy where an adopted or approved development plan contained relevant policies, Section 38(6) of the Planning and Compulsory Purchase Act 2004 required that an application for planning permissions should be determined in accordance with the Development Plan(s) for the area, unless material considerations indicated otherwise. In this case the relevant Development Plan was the Core Strategy Development Plan Document and saved policies of the Stockton on Tees Local Plan

Section 143 of the Localism Act came into force on the 15 Jan 2012 and required the Local Planning Authority to take local finance considerations into account, this section s70(2) Town and Country Planning Act 1990 as amended required in dealing with such an application [planning application] the authority should have regard to a) the provisions of the development plan, so far as material to the application, b) any local finance considerations, so far as material to the application and c) any other material considerations

The planning policies that were considered to be relevant to the consideration of the application were contained within the main report.

The Officers report concluded that the proposal was considered to be in accordance with paragraph 17 of the NPPF, adopted Stockton on Tees Local Plan (Alteration No 1) S10 and S14 and Core Strategy Policies CS3 and was not considered to have a detrimental impact on the vitality or viability of the Norton Road neighbourhood centre or have a detrimental impact on residential amenity and was therefore recommended for approval.

The Applicants Agent was in attendance at the meeting and was given the opportunity to make representation. His Comments could be summarised as follows:

- The applicant had experience in running fish and chip shops.

- Fish and Chips were traditional.

- If approved it would bring an empty building back into use.

- The site was well located in an area that needed revitalising.

- There would be a better more appealing frontage to the shop.

- There had previously been a fish and chip shop in the area so if approved it would be bringing back something which the area had once had.

- Regarding issues raised in relation to school children using the shop at lunch time, the local secondary school did not allow its children off the premises at lunch time; therefore this would not be a concern.

Supporters were in attendance at the meeting and given the opportunity to make representation. Their Comments could be summarised as follows:

- Local residents had been spoken too and they fully supported the application.

- There was a need and demand for a fish and chip shop.

- The local supermarket which was located next door to the proposed application were happy for the fish and chip shop to be approved and looked forward to an increase in footfall if successful.

- There was belief that the business would work and be successful.

Members were given the opportunity to ask questions/make comments on the application and these could be summarised as follows:

- Fish and chip shops were traditional and the closing of the previous shop which was within the local vicinity was considered a loss.

- It was difficult to find a decent fish and chip shop open until 9.00pm in the local area.

- It would be a boom to local residents.

- It would not affect the other nearby takeaways.

A vote then took place and the application was approved.
P
121/14
Consideration was given to a report on planning application 14/2802/RET Caravan, Blakeston Croft Farm, Blakeston Lane.

A complaint was received regarding the unauthorised residential use on the land. The applicant applied for a Lawful Development Certificate of existing use of land for siting of a permanent residential caravan, however the applicant was not able to demonstrate the 10 years as required and the application was refused on the 26th March 2014.

Enforcement action was authorised under delegated powers and the enforcement notice was served on the 11 June 2014 with the notice taking effect on the 14 July 2014, giving six months for the removal of the caravan.

An appeal was received on the grounds that the period for removal of the caravan as specified in the notice fell short of what should reasonably be allowed. The applicant stated that an application was to be submitted to the local planning authority for a temporary consent for the caravan whilst an agricultural enterprise was developed and the appeal only related to the six month time frame which was not reasonable due to the process of sourcing appropriate alternative accommodation, navigating the necessary financial and legal challenges, and undertaking the logistical process of moving house.

The Inspector disagreed and dismissed the appeal stating "To extend the compliance period in these circumstances cannot be justified. I appreciate that to remove the caravan, find alternative accommodation and relocate will cause disruption to the appellant and his family. However, I consider the 12 months suggested by the appellant to be unacceptable. In my view the 6 months compliance period given in the notice is a reasonable one and I am not satisfied that there is good reason to justify extending the compliance period further".

Planning permission was now being sought for the retention of the existing caravan to house an agricultural worker. The applicant was seeking a three year temporary consent to allow time to establish a profitable business.

The site was outside the limits to development where development was only considered acceptable if there was shown to be an essential need for the development. Information had been submitted in support of the application regarding a functional need for the dwelling and financial information had also been provided.

Eight Letters of support had been received for the application. No objections had been received from standard consultees, although the Animal Welfare Officer had provided comments disagreeing with the need for a full time presence on site.

The application had been assessed and it was considered that there was no functional requirement for a full time residential presence on site and therefore the application was contrary to Paragraph 55 of the national Planning Policy Framework which stated that isolated homes in the countryside should only be allowed where there were special circumstances one of which was where there was an essential need for a rural worker to live permanently at or near their place of work in the countryside.

The consultees that had been notified and the comments that had been received were detailed within the report.

Neighbours were notified and the comments received were detailed within the report.

With regard to planning policy where an adopted or approved development plan contained relevant policies, Section 38(6) of the Planning and Compulsory Purchase Act 2004 required that an application for planning permissions should be determined in accordance with the Development Plan(s) for the area, unless material considerations indicated otherwise. In this case the relevant Development Plan was the Core Strategy Development Plan Document and saved policies of the Stockton on Tees Local Plan

Section 143 of the Localism Act came into force on the 15 Jan 2012 and required the Local Planning Authority to take local finance considerations into account, this section s70(2) Town and Country Planning Act 1990 as amended required in dealing with such an application [planning application] the authority should have regard to a) the provisions of the development plan, so far as material to the application, b) any local finance considerations, so far as material to the application and c) any other material considerations

The planning policies that were considered to be relevant to the consideration of the application were contained within the main report.

The Planning Officers report concluded that overall, it was considered that the principle of development was unacceptable as there was not a functional requirement for a dwelling on this site to support the intended business. Therefore it was considered that there was no planning justification for a temporary caravan on the site and the development was therefore contrary to the requirements of Paragraph 55 of the National Planning Policy Framework and Local Plan Policy EN13 which stated that residential developments in isolated locations should only be considered acceptable in exceptional circumstances.

It was therefore recommended that the application be Refused for the reason(s) specified within the main report and the Head of Law and Democracy proceed with the enforcement action for the removal of the caravan.

Members were presented with an update report which detailed that since the original report to Members of the Planning Committee an additional letter of support had been received from Wilton House Veterinary Clinic. The veterinary surgeon stated that the applicant was responsible for a herd of cattle and bought in young stock, including cows ready to give birth.

Information submitted with the application stated that the suckler cows were to be sold as they were inefficient users of land and the cows were to be sold to free up grassland and investment for the sheep flock. The agricultural appraisal stated that Calving did not form part of the future plans and did not form part of this application currently being considered. No reference had been made to the agricultural appraisal and this letter had only been received after the publication of the officer report to Planning Committee which indicated that there was no functional need for a caravan.

Whilst it was accepted that lambing would take place, the welfare requirement of the sheep during these periods required an onsite presence, as detailed in the main report it was considered that lambing took place during a short timeframe (springtime) and this was not justification for a full time requirement for onsite accommodation.

All matters relating to welfare and the occasional emergency had been considered in the main report.

It was considered that the details within the update report did not alter the recommendation made within the main report.

Supporters were in attendance at the meeting and were given the opportunity to make representation. Their Comments could be summarised as follows:

- The Applicants were asking for 3 year consent to enable them to invest into their business full time and create a family enterprise.

- There were areas of the NPPF which promoted growth and expansion.

- It was clear that the Applicants needed to live on the site during lambing and subsequent early lambing months.

- There was a need to look after calves which required 24/7 care due to the young age of the cattle, which was explained in the letter from Wilton house Veterinary Clinic.

- There was a need for full time on-site presence to increase security and to prevent theft.

- The current accounts and forecast for the business was showing that it would be profitable and sustainable.

- The caravan had no adverse impact in and around the surrounding area and highway safety was not an issue.

- The proposal was compliant with the NPPF and Stockton Core Strategy.

- There was a severe shortage of affordable housing in this country; the applicants had their own plot and their own accommodation. Please allow the family to stay and develop the farm.

The Applicant was in attendance at the meeting and was given the opportunity to make representation. Her Comments could be summarised as follows:

- Applicants had lived at Blakeston Farm for 8 years and needed to be on the farm 24/7 for the sake of the animals.

- The Lambs required feeding every 3 - 4 hours and some of the cows were ready to give birth.

- The Applicants main ambition was to create a successful farm for their 8 year old son who loved animals, had special educational needs and attended the local school.

- The farm had had machinery and livestock stolen in the past and required full time residency to deter future incidents.

- A request was made to not make the family homeless.

Members were given the opportunity to ask questions/make comments on the application and these could be summarised as follows:

- The advice from the Applicants vet should be taken into account, which stated that full time presence on the farm was required.

- This was a local family trying to bring a business together with all the merits that should be required for approval.

- Animals could be unpredictable in their behaviour and therefore required that the farm have full time residency.

- A previous application 13/3088/COU which was heard on the 5th February 2014 which was within the vicinity of the proposed application sought a change of use from stables to luxury boarding kennels for dogs, dog grooming and doggy day care service, which also included the siting of a residential static caravan for 5 years, and was approved by the Planning Committee. On the basis of consistency and fairness the proposed application should also be approved.

A vote then took place and the application was approved.
P
122/14
Consideration was given to a report which detailed a change to the call in process and the protocol which had been brought about due to the deletion of the Head of Planning post following a review by the Director of Development and Neighbourhood Services which had implications in terms of the Call In process and the Protocol.

Members attention was drawn to the main key issues within the report and Members agreed to note and agree to the changes which were detailed within the report.

Members referred to the fact that this would be the last meeting attended by the Head of Planning Services who was leaving the authority at the end of March 2015. Members gave thanks to the Head of Planning who had shown consistent professionalism during what had been difficult times for planning departments following the implementation of new government and local planning policies. The Committee wished the Head of Planning all the best for the future.

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