Agenda item

21/00785/FUL

Change of use for equestrian use, construct new stable block with associated works and track

Land to the rear of 6 Smithfield Avenue, Trowell, Nottinghamshire

Minutes:

Change of use for equestrian use, construct new stable block with associated works and track

Land to the rear of 6 Smithfield Avenue, Trowell, Nottinghamshire 

 

This application had been called to Committee by Councillor D D Pringle and deferred at the meeting of 30 March 2022 to allow the applicant to reconsider the position of the stable block.

 

There was a late item to amend condition three of the planning permission.

 

Nisha Desai, objecting, addressed the Committee prior to the general debate.

 

There was concern that about the access to the field and that, if parts of the field or stables were sub-let, there would be an increase in traffic to the site that would be detrimental to neighbour amenity.  It was proposed by Councillor D D Pringle and seconded by Councillor D K Watts that the proposal should be amended to include conditions in respect of a boundary treatment and preventing commercial enterprise and sub-letting on the site.  On being put to the meeting the motion was carried.

 

RESOLVED that planning permission be granted subject to the following conditions.

 

1.

The development hereby permitted shall be commenced before the expiration of three years beginning with the date of this permission.

 

Reason: To comply with S91 of the Town and Country Planning Act 1990 as amended by S51 of the Planning and Compulsory Purchase Act 2004.

 

2.

This permission shall be read in accordance with the following plans: site location plan 1:1250 (received by the Local Planning Authority 21.09.21), amended proposed layout, elevations and site plan GD/LG/21/020/01 Rev. D. (received by the Local Planning Authority 05.04.22).

 

Reason: For the avoidance of doubt.

 

3.

Prior to the hereby permitted use commencing a storage and waste layout plan shall have been submitted to and approved by the Local Planning Authority.  The approved layout shall include the following details:

 

a)    location of hay or any other feed stored; and

b)    location of waste stored.


The approved scheme shall be carried out strictly in accordance with the approved details, unless written consent has been obtained from the Local Planning Authority for a variation.

 

Reason: In the interests of residential amenity of neighbouring propertied in accordance with Policy 17 of the Part 2 Local Plan 2019.

 

4.

The hereby permitted development shall be used for private/domestic purposes only and no business shall be carried out there from.

 

Reason: The application has been determined on the bases that the development does not relate to the provision of a business. 

 

5.

The planning permission hereby granted shall be for the benefit only of the applicant and only the applicant’s horses shall be kept in the hereby permitted stable block.

 

Reason: in the interests of residential amenity of neighbouring properties in accordance with Policy 17 of the Part 2 Local Plan 2019.

 

 

NOTES TO APPLICANT

 

1.

The Council has acted positively and proactively in the determination of this application by working to determine it within the agreed determination timescale.

 

2.

The Council has acted positively and proactively in the determination of this application by working to determine it within the agreed determination timescale.

 

3.

Due to the proximity of the site to residential properties it is recommended that contractors limit noisy works to between 08.00 and 18.00 hours Monday to Friday, 08.00 and 13.00 hours on Saturdays and no noisy works on Sundays and Bank Holidays.

 

4.

Any manure heaps should be positioned such that neighbouring properties are not affected by nuisances e.g. odour or flies. Any complaints will be investigated to determine whether a statutory nuisance is being caused in accordance with the Environmental Protection Act 1990.

Planning Committee 4 May 2022

5.

·     The footpath should remain open, unobstructed and be kept on its legal alignment at all times. Vehicles should not be parked on the Right of Way (RoW) or materials unloaded or stored on the RoW so as to obstruct the path.

·     There should be no disturbance to the surface of the footpath without prior authorisation of the RoW team.

·     If the route is to be fenced, ensure that the appropriate width is given to the path and that the fence is low level and open aspect to meet good design principles.

·     If a structure is to be built adjacent to the public footpath, the width of the right of way is not to be encroached upon.

·     Structures cannot be constructed on the line of the right of way without the prior authorisation of the Rights of way team. It should be noted that structures can only be authorised under certain criteria and such permission is not guaranteed.

·     The existing boundary hedge/tree line directly bordering the development / boundary etc. is the responsibility of the current owner/occupier of the land. On the assumption that this boundary is to be retained it should be made clear to all new property owners that they are responsible for the maintenance of that boundary, including the hedge/tree line ensuing that it is cut back so as not to interfere with right of way.

·     Should scaffold be required on or over the RoW then the applicant should apply for a license and ensure that the scaffold is constructed so as to allow the public use without interruption.

http://www.nottinghamshire.gov.uk/transport/licences-and-permits/scaffolding-hoarding-and-advertising-boards. 

 

If this is not possible then an application to temporarily close the path for the duration should also be applied for (6 weeks’ notice is required), email countryside.access@nottscc.gov.uk

 

·     If a skip is required and is sited on a highway, which includes RoW then the company supplying the skip must apply for a permit. http://www.nottinghamshire.gov.uk/transport/licences-and-permits/skip-permit and also ensure that the RoW can still be accessed appropriately by the users permitted by its status i.e. equestrians if a on bridleway, motorised vehicles if on a byway open to all traffic.

 

Supporting documents: