Agenda item

19/01327/FUL - Spring Acre, Lychgate Lane, Burbage

Application for change of use of land to mixed use for stationing of caravans for residential occupation (four pitches) with two dayrooms and for the keeping of horses.

 

‘Late items:’

 

Consultations

 

The Council is in receipt of the consultation response submitted by Burbage Parish Council and LCC as the Local Highway Authority in response to an amended plan submitted. These responses are assessed below.

 

Burbage Parish Council

 

The Parish Council confirm that they continue to object to the proposal for the following reasons:

 

    1)        The proposal constitutes over development of the site

    2)        There are no marked parking bays for the amount and size of vehicles using the site

    3)        The amended plan submitted is of poor quality and cannot be scaled

    4)        Councillors should visit the site to fully appreciate the lack of visibility splays and the position of an existing septic tank

 

LCC Highways

 

No objection subject to conditions including permanently closing the eastern vehicular access, hard surfacing the access drive for the first 10 metres and setting the gates back 10 metres from the highway.

 

Appraisal

 

Over-development of the site

 

The Officer’s report outlines the scale of the proposal. The proposal is assessed against the criteria in Policy 18 of the Core Strategy which requires sites to be capable of sympathetic assimilation into the surroundings and against Policy DM10 of the SADMP (2016) which seeks to ensure that new development should complement or enhance the character of the surrounding area with regard to scale, layout and design. It is considered that the scale of the proposal would meet the criteria as laid out in Policy 18 and Policy DM4.

 

Highway Safety

 

Revised information in the form of a revised drawing in support of the proposal has been submitted. The local planning authority has been made aware that some of the works in this drawing have already been carried out on site by the applicant to rectify the previous concerns raised by the Highway Authority.

 

 

Site Access

The revised drawing ref: Proposed Site Plan (Rev A) details that the eastern access would be closed off, a gate setback distance of 10 metres, hard bound surfacing for a distance of 10 metres and the fence to be relocated to the highway boundary. The Highway Authority confirms that these proposed works are acceptable and that the relocation of the boundary fence has greatly improved the available visibility at the western access to in excess of 65 metres. In addition, the proposals have reduced the number of access points on to Lychgate Lane by closing off the eastern access, which had poor visibility to the east. Therefore, on balance, it is considered that the amended proposals are acceptable given the closure of the eastern access and the imposition of a planning condition to ensure that the visibility splays are maintained.

 

The eastern access has been closed with a fence. However, there is a need for the kerbs within the highway to be removed and the gravel re-instated as verge along the highway boundary. A planning condition can be imposed for this work to be completed within one month of the date of the decision notice.

 

Conclusion

 

It is considered that the impacts of the development on highway safety would not be unacceptable and when considered cumulatively with other developments, the impacts on the road network would not be severe. Therefore, the proposal would be in accordance with Policy DM17 of the SADMP (2016) and the National Planning Policy Framework (NPPF).

 

Amend conditions 5 and 6

5.         Within one month of the date of this decision notice the eastern access as shown on the Proposed Site Plan Rev A received by the local planning authority on 4 February 2020 shall be permanently closed and reinstated in accordance with details first submitted to the local planning authority for their approval in writing.

 

Reason: To ensure that this substandard access is permanently blocked up in the interests of general highway safety and in accordance with the National Planning Policy Framework (2019).

6.         Within one month of the date of this decision notice the access drive (western) to be retained shall be surfaced with hard bound porous material for the first 10 metres from the edge of the carriageway and the gates shall be hung no closer than 10 metres from the edge of the carriageway. Once so provided, the access drive and gates shall be permanently maintained at all times thereafter.

Reason: To ensure safe and satisfactory access, parking and turning to serve the development in the interests of highway safety in accordance with Policy DM17 of the Site Allocations and Development Management Policies DPD (2016) and Paragraphs 108 and 110 of the National Planning Policy Framework (2019).

Additional condition

8.         Vehicular visibility splays of 2.4 metres by 65 metres shall be provided and maintained from the site access at all times whilst the site is occupied. There shall be nothing within those splays higher than 0.6 metres above the level of the adjacent highway.

Reason: To afford adequate visibility at the access to cater for the expected volume of traffic joining the existing highway network, in the interests of general highway safety and in accordance with Policy DM17 of the SADMP (2016).

 

Additional Informatives

 

4.            Planning Permission does not give you approval to work on the public highway. Therefore, prior to carrying out any works on the public highway you must ensure all necessary licences/permits/agreements are in place. For further information, please telephone 0116 305 0001. It is an offence under Section 148 and Section 151 of the Highways Act 1980 to deposit mud on the public highway and therefore you should take every effort to prevent this occurring.

 

Minutes:

Application for change of use of land to mixed use for stationing of caravans for residential occupation (4 pitches) with one dayroom and for the keeping of horses (part retrospective).

 

Notwithstanding the officer’s recommendation that permission be granted, Councillor Walker, seconded by Councillor Lynch, MOVED that permission be refused due to the proposal constituting overdevelopment of the site. Upon being put to the vote, the motion was LOST.

 

It was subsequently MOVED by Councillor Furlong and SECONDED by Councillor Hollick, that permission be granted in accordance with the officer’s recommendation and late items. Upon being put to the vote, the motion was CARRIED and it was

 

RESOLVED

 

(i)            Permission be granted subject to:

 

a.    the conditions contained in the officer’s report and late items;

b.    any conditions that may be requested by the Highway Authority which are deemed to meet the tests laid out in the NPPF

 

(ii)           The Planning Manager be given powers to determine the final details of the planning conditions.

Supporting documents: