79687|8J#REPORT SUMMARY

 

REFERENCE NO. -  13/0226
APPLICATION PROPOSAL Retrospective application for change of use of land to equestrian use for commercial purposes
ADDRESS Tutsham Farm, Hunt Street, West Farleigh, Kent, ME15 0NE
RECOMMENDATION GRANT PERMISSION subject to the planning conditions in Section 10.0
SUMMARY OF REASONS FOR RECOMMENDATION/REASONS FOR REFUSAL -       The principle of the change of use is supported by current policy and guidance relating to equestrian use and the expansion of rural business and agricultural diversification -       The proposal would not cause significant harm to the visual appearance of the area or the landscape designations -       The highways impacts, impact on residential amenity, ecology and adjacent Ancient woodland are not considered significant and could be mitigated by condition
REASON FOR REFERRAL TO COMMITTEE The recommendation is contrary to the views of East Farleigh Parish Council and they have requested the application be referred to the Planning Committee.
WARD Coxheath And Hunton		PARISH/TOWN COUNCIL West Farleigh	APPLICANT Team Tutsham AGENT Lambert & Foster
DECISION DUE DATE 23/09/13		PUBLICITY EXPIRY DATE 09/09/14	OFFICER SITE VISIT DATE 14/12/16
RELEVANT PLANNING HISTORY (including appeals and history on adjoining sites):
App No	Proposal			Decision	Date
14/502773/PNBCM	Prior notification for the change of use of agricultural building to 3 no. dwellinghouses (Use Class C3) and associated building operations.			Permitted	30/10/14
13/0235	Retrospective application for conversion of stable to a single live/work unit			Permitted	10/10/13
12/0836	An application for discharge of conditions relating to MA/11/1228 (change of use of land to provide sand school with associated works including parking area, erection of fencing and entrance gate and widening of existing vehicle access) being details of condition 4 - vehicle passing bay, condition 5 - landscaping and condition 9 - vehicle parking space.			Permitted	26/7/12
11/1228	Change of use of land to provide sand school with associated works including parking area, erection of fencing and entrance gate and widening of existing vehicle access			Permitted	8/2/12

 

 

 

MAIN REPORT

 

1.0          DESCRIPTION OF SITE

 

1.01       The application site as originally submitted was an area of agricultural land covering a total of 28 hectares situated between the River Medway to the north and Hunt Street to the south. The site occupied two separate tracts of land.

 

1.02       The larger irregular shaped area tract of land of 24 hectares lies to the west of the smaller site, extending to the west from the access drive leading to Tutsham Hall, abutting Hunt Street to the south and the River Medway to the north.

 

1.03       The second smaller piece of land covering 4 hectares is located approximately 150 metres from the junction of Hunt Street and Yalding Hill, to the west of the access track leading to Smiths Hill House. The smaller field has now been removed from the application site.

 

1.04       The topography of the application site is varied, with a general slope northwards from Hunt Street to the river Medway at the north of the site. There are sporadic buildings on the site, with a cluster of buildings around Tutsham Hall (a number of which have been converted to residential uses) and sporadic development along Hunt Street itself.

 

2.0       PROPOSAL

 

2.01     The application seeks retrospective planning permission for the change of use of agricultural land to use for equestrian purposes. The land was previously a mix of arable land and orchards. The equestrian use is required by Team Tutsham, a charity that helps disadvantaged children learn horse care and riding skills.

 

2.02    The site excludes an area of land which benefits from planning consent for the change of use to equestrian to provide a sand school, parking, fencing and access. This area of land is linked to this wider application site and provides the parking and training facilities for the wider site. No new access arrangements are proposed.

 

2.03     Two areas of land have been identified for biodiversity mitigation. These areas of land are located to the north of the site adjacent to the River Medway and to the south of the site fronting Hunt Street (adjacent to the access track leading to Tutsham Hall.  The southern area retains tree planting.

 

2.04     A plan has been provided which sub-divides the land into 4 areas which are described to be used for the following purposes :

 

            Field 1: Used for grazing where the horses are kept outside all year.  Cross country jumps are located within this field.

 

            Field 2: Used for grazing.  The southerly part of this field is where the sand school and parking area is located.

 

            Field 3: Used for grazing, where the horses are kept outside all year.  The hay barn and manure heap are located in this area.

 

            Field 4: This land has now been excluded from the application site, this field was used for schooling prior to the completion of the sand school but is no longer required for equestrian purposes in association with Team Tutsham.

 

3.0       PLANNING CONSTRAINTS

·         Area of Local Landscape Importance (adopted Local Plan);

·         Landscape of Local Value (emerging Local Plan) (part of the site to the north, adjacent to the River Medway);

·         Ancient woodland (adjacent to Waregrave’s Wood to the north-west and Warren Shaw to the north-east);

·         Listed Building (Tutsham Hall and Former Stables north-west of Tutsham Hall, Grade II Listed);

·         Public Rights of Way (PROW) (a number of PROWs dissect the application site);

·         Flood Zones 2 and 3 (area of land adjacent to the River Medway)

 

4.0       POLICY AND OTHER CONSIDERATIONS

 

The National Planning Policy Framework (NPPF)

National Planning Practice Guidance (NPPG)

 

Maidstone Borough Wide Local Plan 2000

           Policy ENV6 (Landscaping, surfacing and boundary treatment)

       Policy ENV28 (Development in the Countryside)     

       Policy ENV35 (Areas of Local Landscape Importance)

       Policy ENV46 (Equestrian Development)

 

Maidstone Borough Local Plan Publication May 2016 (submitted version)

Policy SP17 (Countryside)

Policy DM3 (Historic and natural environment)

Policy DM45 (Equestrian development)

 

5.0       LOCAL REPRESENTATIONS

 

East Farleigh Parish Council

5.01    Recommend refusal for the following reasons:

1. If commercial status is granted, it will generate far more traffic movements. Events, shows and schooling will involve horse boxes, both trailers and lorries, adding to the traffic movements that are already causing problems in the area.

2. Tutsham Farm, as a working farm, historically has access rights for commercial vehicles over Teston Bridge and Mill Lane which are visiting the farm. The commercialisation of the farm will open the floodgates putting further unacceptable pressure on these access points.

3. If approved, it will give rise to the opportunity to provide livery which will again increase traffic.

4. Before the Planning Officer can make a recommendation of whether to approve or refuse this application, a full traffic survey needs to be completed, by KCC, to investigate the highways issues around Hunt Street and Mill Lane. This MUST be an actual site visit rather than a desk based study. The Parish Council would also request that a copy of this report is forwarded to us at your earliest convenience.

5. Any access to equestrian facilities MUST only be via Hunt Street, as agreed in the approved Traffic Management Plan.

6. All parking must be on site, preferably not on view from the road.

 

Neighbour consultation

5.02    Adjoining neighbours were notified of the application.  A site notice was also put up at the site. 

 

5.03     Two letters of objection were received following the original consultation, raising in summary the following objections:

·         Urbanisation of the farmland (cumulative with the conversion of a number of former farm buildings);

·         Time taken to submit an application;

·         Increase in traffic;

·         Conditions on previous consents not complied with relating to traffic management;

·         Noise, smells and disturbance;

·         If approved conditions should be attached to restrict access solely via Hunt Lane, signage should be provided stating that Mill Lane is a private road, use restricted for as long as Team Tutsham operates and personal permission.

 

5.04    Four letters of objection were received following reconsultation, raising in summary the following objections:

·         Application is retrospective, together with a number of other applications sought retrospectively.  Applicant is using the land in breach of permission.

·         Traffic implications;

·         Want access from Mill Lane to be restricted.

·         S106 agreement to ensure Mill Lane is not used.

 

6.0       CONSULTATIONS

 

6.01     Southern Water (29/07/13) - There are no public sewers in the area to serve this development.  Alternative means of draining from this development are required.

 

6.02     Environment Agency (22/7/13) - No objection.

 

6.03     KCC Public Right of Way Officer (18/7/13)- As the proposed development site does not appear to affect the Rights of Way here then I have no objection to the application.

 

6.04   Kent Highways (26/9/13) - The application proposes the change of use of land from agricultural to equestrian.  The equestrian use is required by Team Tutsham, a charity that helps disadvantaged children learn horse care and riding skills.

·         Children are to be dropped off by taxi or private car in the morning and collected in the afternoon.  The site generates 5 visitors on weekdays and up to 25 on Saturdays.

·         Additionally private events are held at Easter, Boxing Day and Halloween which generates up to 20 visitors.

·         I have checked the information provided and it seems that the proposed change of use would generate no additional traffic movements over and above that generated by the consented application number MA/11/1228 which has not yet been implemented. 

·         Whilst I do have concerns relating to the parking and turning provision and the narrow nature of Hunt Street which may lead to problems when 2 vehicles attempt to pass, I do not feel that there are grounds for objection bearing in mind the previous decision.

 

            Kent Highways (re-consultation 28/8/14) Confirm that have nothing to add to previous consultation response dated 26 September 2013.

 

6.05   KCC Biodiversity Officer (5/8/13) No ecological information has been submitted with this application.  As result of reviewing the data we have available to us (including aerial photos and biological records) and the information submitted with the planning application, we advise that the development results in the loss of Biodiversity Action Plan habitat (traditionally managed/non-intensive orchard).  The aerial photographs also indicate that there has been a reduction in tree/scrub cover, which would have provided opportunities for wildlife on the site.

 

6.06     The application in its current form appears to present a reduction in biodiversity value, contrary to the principles of the National Planning Policy Framework. 

 

6.07    As this is a retrospective application and the changes to the habitats have already taken place, we advise that to make this application acceptable in terms of ecological impacts, a habitat management plan should be required.  This should ensure that an area of the site of at least that lost should be managed for biodiversity.  We do not consider that the habitat needs to be the same as that lost but suggest that an area of the river corridor could be suitable.

 

6.08    We advise that the area of land that will be subject to biodiversity enhancement should be identified prior to determination, under consultation with an ecologist to ensure that the maximum benefit for biodiversity can be sought.  The detailed biodiversity enhancement and management plan could then be a condition of planning, if granted.

 

6.09   Landscape Officer (Verbal comments 3/1/17) - Would like to see a 15m buffer adjacent to boundaries with the Ancient Woodland, a landscaping scheme and a landscape management plan.

 

6.10   Rural adviser (10/1/17) - This appears to be a long outstanding proposal, I understand the application relates to land that is used by a registered charity (Team Tutsham) that offers a wide range of equestrian activities for disadvantaged children from across Kent and the South East. I estimate that the area of land concerned (within the red line shown on Drawing No. 2300/P/01) is about 70 acres in total.

 

6.11    Use of this land for recreational equestrian activity would not prevent its return to use by agricultural livestock, or for agricultural cropping, if so required at any time in the future. Therefore the change of use proposed does not involve, in my view, a significant loss of agricultural land.

 

6.12   The merits or otherwise of the proposal appear to depend more on what effects the equestrian activity is considered to have on the local area, including highways impact. Those matters fall outside Rural Planning Limited’s advisory remit.

 

7.0       BACKGROUND PAPERS AND PLANS

 

            Application form

            Design and Access Statement dated January 2013

            Supporting letter dated 11^th April 2013

            Supporting letter dated 19^th June 2013

            Drawing No. 2300/P/01B (Site details)

            Supporting e-mail dated 14 January 2014

            Dwg No. 2300/0P/6A (Site Layout Plan)

            Dwg No. 2300/05 (Biodiversity Plan)

 

8.0       APPRAISAL

 

            Policy background

 

8.01    The site is within the countryside as defined in the adopted and emerging local plans. 

Policy ENV28 of the adopted plan allows for development which would not harm the character and appearance of the area or the amenities of surrounding occupiers provided that it falls within the categories set out.  Change of use to equestrian purposes does not fall within any of those forms of development described, however the policy does allow for other exceptions indicated by policies elsewhere in the plan.  In this respect Policy ENV46 relates.

 

8.02     Policy ENV46 relates to applications for domestic or commercial stables, or associated equestrian development provided they satisfy the criteria set out.  In summary the criteria is as follows :

 

1)    The conversion of existing buildings should be used in preference to new built development ; and

2)    New stables and associated buildings should be grouped with existing buildings on the site wherever possible ; and

3)    All new development is of a design which is sympathetic to its surroundings in terms of scale, materials, colour and details ; and

4)    The proposal is accompanied by an integral landscaping scheme including boundary treatments which reflect the landscape character of the area ; and

5)    The proposal contains an appropriately sited and designed area for the reception of soiled bedding materials and provision for foul and surface water drainage ; and

6)    Adequate provision is made for the safety and comfort of horses in terms of size of accommodation and land for grazing and exercising ; and

7)    Sites should have easy access to bridleways and/or the countryside ; and

8)    The proposal will not have an adverse impact on the local highway network ; and

9)    The proposal will not have an adverse impact on the enjoyment of neighbouring properties ; and

10) The proposal will not have an adverse impact on nature conservation interests.

 

8.03     Policy DM45 of the emerging local plan replicates many of the above criteria also introducing new criteria relating to cumulative impact, lighting and proposals for 10 or more stables, whereas points 8-10 fall away from the policy (although these considerations are covered elsewhere in the policies).

 

Proposal

 

8.04     The proposal does not seek to provide any new buildings, but seeks to change the use of approximately 24hectares of agricultural land to commercial equestrian use.  This use is in association with the operations of Team Tutsham. Team Tutsham is a registered charity providing help to disadvantaged children to learn new skills in horse care and riding.  Team Tutsham also works in association with Kent County Council’s ‘Virtual School’ which seeks to bring about improvements in the education and health of children in care and young care leavers.

 

8.05     Planning permission has been granted and implemented under application reference 11/1228 for the provision of a sand school, parking and access.  The proposal now seeks to regularise the use of a wider area of land for the grazing of the horses and cross country training in association with the sand school use and the operations of Team Tutsham.  This use has now been in operation for in excess of 4years

 

8.06     Team Tutsham currently have 35 horses.  The majority are kept outside and when stabling is required they utilise existing stabling within the wider farm complex.

 

 

 

Loss of agricultural land

 

8.07     The Rural Planning Advisor is satisfied that the use of this land for recreational equestrian activity would not prevent its return to use by agricultural livestock, or for agricultural cropping, if so required at any time in the future.  The change of use proposed would therefore not involve a significant loss of agricultural land.  It should also be noted that the application has been amended since the original submission to reduce the extent of the land to be used for equestrian purposes.

 

8.08     The land has been historically used for grazing of horses; the need for this application is due to the use of the land now in association with the operations of the approved sand school. The proposal is described as commercial as the operations are in association with a business, rather than for private use.

 

8.09     No permanent structures are proposed and any jumps or other paraphernalia are easily removed from the site.  The use of the land for the grazing of horses itself would fall within the definition of agriculture and the use of the land for trekking, riding, jumping or training in association with the existing operations of the sand school and Team Tutsham would not result in any significant harm to the agricultural land which could not be reversible or would not result in the loss of a significant extent of agricultural land.

 

Use of land for equestrian purposes

 

8.10     Paragraph 28 of the NPPF supports a prosperous rural economy and sets out to promote a strong rural economy, local and neighbourhood plans should:

 

‘…promote the development and diversification of agricultural and other land-based rural businesses.’

 

8.11     Policies within both the adopted and emerging local plans support equestrian uses, subject to satisfying the criteria set out, which include visual, residential, highways and ecological impacts (discussed in detail in the following sections).

 

8.12     The proposal seeks to regularise the use of the land in association with an approved sand school and facilitate the continued use by Team Tutsham.  It is considered in principle subject to the consideration of all other matters discussed below that the use of the land for equestrian purposes is acceptable.

 

Visual Impact (including landscape implications)

 

8.13     The site is sited within the Special Landscape area (SLA) as defined in the adopted local plan, Policy ENV34 seeks to prioritise the protection and conservation of the scenic quality and distinctive character of the area.

 

8.14     Part of the site is in an area of Landscape of Local Value. Policy ENV35 of the emerging plan states that particular attention is given to the maintenance of the open space and character of the landscape, encouraging improvements in public access.  Policy SP17 of the emerging local plan defines landscapes of local value, this includes the Medway Valley and seeks that the defined area will be conserved, maintained and enhanced where appropriate.

 

8.15     The application does not include any built development and any structures such as cross country jumps would be temporary. The submitted information shows that four jumps are provided in the field adjacent to the River Medway to the north-west of the site. Jumps were also previously provided in the separate field, however this field is now removed from the application.

 

8.16     The impact of the proposed change of use and the use of the land for riding, schooling and tuition would not cause significant harm to the visual landscape.  Landscaping could be conditioned, together with a management plan to secure mitigation.

 

            Residential Amenity

 

8.17     Paragraph 17 of the NPPF sets out the core planning principles which includes:

 

‘Always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings.’

 

8.18     Policy DM1 of the emerging local plan sets out at para iv that proposals shall:

 

‘Respect the amenities of occupiers of neighbouring properties and uses and provide adequate residential amenities for future occupiers of the development by ensuring that development does not result in excessive noise, vibration, odour, air pollution, activity or vehicular movements, overlooking or visual intrusion, and that the built form would not result in an unacceptable loss of privacy or light enjoyed by the occupiers of nearby properties.’

 

8.19     There are sporadic residential properties along Hunt Street to the south of the site, a number of converted buildings within the wider Tutsham Farm complex to the east of the site and residential dwellings to the wider north-east of the site.

 

8.20     The proposal would not result in any significant harm to neighbouring residential amenity and the use of the land for equestrian purposes.  Neighbouring representation raises concerns regarding the impact from vehicle movements and activity, this matter is discussed in greater detail in the following section.

 

            Highways

 

8.21     The application is accompanied by details of the operation of Team Tutsham, this states that the use by Team Tutsham occurs between 9.30am to 4pm on weekdays and Saturdays, outside these times the use of the land is for personal use by the applicant.

 

8.22    The use attracts around 5 visitors during the week and up to 25 on Saturdays, typically generating 10 movements on weekdays, increasing to 50 on a Saturday.  A ferrier generally visits twice a week, with feed deliveries once every fortnight and a vet visit monthly unless required for an emergency.  A few ‘events’ take place at Easter, Halloween and Christmas which can result in visitor numbers of around 20 people.

 

8.22     Visitors generally arrive by private taxi or vehicle and are dropped off and then collected at the end of the day.  The drop off point is at the sand school which contains parking facilities.  The officer in conclusion regarding the highways impact of the sand school concluding the following :

 

            ‘it is my view that the proposal would only result in a highways inconvenience for a short period of time in the morning and in the afternoon.  I do not consider the likely traffic movements to and from the proposal site, when considered with what other uses/buildings are serviced by Hunt Street, would be intensified enough to warrant refusal on highway safety grounds.  I therefore consider this proposal to be acceptable, as it would not result in significant conflict or obstruction along Hunt Street that would be to the detriment of highway safety.’

 

8.23     The change of use of this wider tract of land for equestrian purposes would be ancillary/in association with the previously approved sand school.  The use of the land in itself is unlikely to warrant significant additional traffic movements or highways implications.  The use has operated for some time now (4 years) and although there are concerns from the Parish Council and neighbouring residential occupiers, these comments were received over 4 years ago and although the passage of time does not make the use acceptable in itself, it has allowed the theoretical potential impacts to be practically tested. 

 

8.24     The agent has stated that there are currently 35 horses associated with the use by Team Tutsham. This number of horses does make the use to some extent self-regulatory as this restricts the number of visitors to the site. As such it is considered that a condition restricting the number of horses to this number would be reasonable and would be enforceable.

 

8.25     A representation raises concerns regarding the use of the access from Teston Bridge towards Tutsham Hall, a private access which serves a number of residential properties.  The use of this access cannot be restricted through planning conditions as part of the change of use and the impact on the use of this access would not justify the refusal of planning permission.

 

8.26     With the relatively small number and timing of vehicle movements associated with the use the highways impact from the change of use is acceptable. KCC Highways have raised no objection to the proposal following consultation on two occasions and with the benefit of seeing the use operate in practice.

 

            Ecology

 

8.27     Two areas have been identified by the applicant for ecological enhancement. These areas lie to the north-east of the site (part being Ancient Woodland) and an area to the south-east of the site, which forms traditional orchard.

 

8.28     The area to the north-east would not be grazed by horses and has now been removed from the red outline of the application site, but falls within the applicant’s ownership.  This area would be left for wildlife. The area to the south-east would be continued to be periodically grazed, with the maintenance of the traditional orchard to conserve this characteristic feature and enhance biodiversity.

 

8.29     KCC biodiversity officer is satisfied with the proposed enhancement/mitigation and raises no objection subject to conditions to secure the ecological benefits and a habitat management plan. It is considered that ecological matters have been satisfactorily addressed by the applicant and could be secured and managed by conditions.

 

            Trees

 

8.30     The application site is bordered by ancient woodland to the north-east and north-west and the application site immediately abuts this woodland.

 

8.31     Paragraph 118 of the NPPF set out in its aim to converse and enhance biodiversity that:

 

‘Planning permission should be refused for development resulting the loss or deterioration of irreplaceable habitats, including ancient woodland…..unless the need for, and the benefits of, the development in that location clearly outweigh the loss.’

 

8.32     Policy DM3 of the emerging local plan sets out that development should:

 

‘Protect positive historic and landscape character…..areas of Ancient Woodland, trees with significant amenity value….and the existing public rights of way networks from inappropriate development and ensure that these assets do not suffer any adverse impacts as a result of development.’

‘Protect and enhance the character, distinctiveness, diversity and quality of Maidstone’s landscape and townscape by the careful, sensitive management and design of development.’

 

8.33     Natural England and the Forestry Commission standing advice in reference to the impacts of development nearby Ancient Woodlands, sets out the following issues:

 

·         Breaking up or destroying connections between woodlands and other habitats;

·         Reducing the amount of semi-natural habitats next to ancient woodland;

·         Increasing damaging activities like flytipping and the impact of domestic pets;

·         Changing the landscape character of the area

 

Mitigation measures set out include leaving an appropriate buffer zone of semi-natural habitat between the development and the ancient woodland or tree (depending on the size of the development, a minimum buffer should be at least 15 metres)

 

8.34     In accordance with the above advice it is recommended that a 15 metre buffer zone is provided between equestrian activity and the ancient woodland. A condition is recommended to seek the submission and approval of details of how demarcation is achieved.  As such it is considered that due to the nature of the development and the ability to provide a buffer that no significant harm would result to the adjoining ancient woodland.

 

Other Matters

 

8.35     Cherry Orchard Farm and Tutsham Hall are both Grade II listed properties. With the nature of the change of use, its intensity and the absence of any additional built development or permanent development the change of use would not harm the setting of these heritage assets.

 

8.36     Part of the site to the north (adjacent to the River Medway) is within the flood zone.  With the nature of the change of use and the absence of any additional built development or permanent development the proposal would not impact upon or be adversely affected by flooding.

 

8.37     A number of Public Rights of Way (PROW) cross the application site.  The use of these routes would not be prejudiced by the change of use and the applicant is bound by other legislation to ensure that these are kept available at all times.  The KCC PROW Officer raises no objection to the change of use.

 

 

 

 

 

9.0       CONCLUSION

 

9.01     The change of use from agricultural land to equestrian use would allow the continued operation of Team Tutsham who provide disadvantaged children will the ability to learn new skills in horse care and riding.

 

9.02    The use of the land does not result in any significant harm to the visual amenity of the landscape, harm to neighbouring amenity or any significant highways impact. The change of use is acceptable in relation to ecological and tree matters with the change of use in accordance with current policy and guidance.

 

10.0     RECOMMENDATION – GRANT PLANNING PERMISSION Subject to the following conditions:

 

(1)  The development hereby permitted shall be carried out in accordance with the following approved plans:

 

Dwg No. 2300/0P/6A (Site Layout Plan)

            Dwg No. 2300/05 (Biodiversity Plan)

 

Reason: To clarify which plans have been approved.

 

(2)  Within three months of the date of this permission, a habitat management plan shall be submitted to, and in approved in writing by the Local Planning Authority. This must include details of how active badger setts will be protected and details of the implementation and management of those areas identified on drawing number 2300/05 as areas of ecological enhancement. The approved details shall thereafter be complied with.

 

Reason: For reasons of ecological protection.

 

(3)  Within three months of the date of this permission a landscape scheme designed in accordance with the principles of the Council's landscape character guidance shall be submitted to and approved in writing by the local planning authority. The scheme shall show all existing trees, hedges and blocks of landscaping on, and immediately adjacent to, the site and indicate whether they are to be retained or removed, provide details of on site replacement planting to mitigate any loss of amenity and biodiversity value and include a planting specification, a programme of implementation and a 5 year management plan.  The landscape scheme shall include and identify a semi-natural 15 metre landscaped buffer to the Ancient Woodland to the north-east and north-west of the application site with no grazing of horses to take place within this buffer

 

Reason: To ensure that the proposed development provides for adequate protection of protected the Ancient Woodland.

 

(4)  All planting, seeding and turfing specified in the approved landscape details shall be carried out in the planting season following the date of this decision.  All such landscaping shall be carried out during the planting season (October to February). Any seeding or turfing which fails to establish or any trees or plants which, within five years from the first occupation of a property, commencement of use or adoption of land, die or become so seriously damaged or diseased that their long term amenity value has been adversely affected shall be replaced in the next planting season with plants of the same species and size as detailed in the approved landscape scheme unless the local planning authority gives written consent to any variation.

           

Reason: In the interests of landscape, visual impact and amenity of the area and to ensure a satisfactory appearance to the development

 

(5)  Any external lighting erected on site shall be in accordance with details that have previously been submitted to and approved in writing by the Local Planning Authority.  The submitted details shall include measure to shield and direct light to prevent light pollution, and to minimise impact on neighbouring amenity and ecology. The development shall be carried out in accordance with the approved details and maintained as such thereafter.

 

Reason:  To protect the appearance of the area, the environment and wildlife and local residents from light pollution.

 

(6)  The number of horses associated with the equestrian use hereby approved shall not exceed 35.

 

Reason: To control the intensity of the commercial use to ensure that unacceptable harm from the commercial equestrian use does not result.

 

(7)  The use of the land identified on Dwg No. 2300/0P/6A shall only be used for equestrian use in association with the sand school and parking approved under application reference MA/11/1228 and for no other purpose, should the approved use cease the land shall be returned to agricultural use within 6 months of the date of the use ceasing and in accordance with details that have previously been submitted to and approved in writing by the local planning authority.  .

 

Reason : To ensure that there are no unwarranted amenity or highways impacts of the use of the land independently for commercial equestrian use without satisfactory ancillary works.

 

Case Officer: Rachael Elliott

 

NB       For full details of all papers submitted with this application please refer to the relevant       Public Access pages on the council’s website.