Agenda item

Manor Farm, Passenham

Decision:

Approved, subject to various requirements to be set out in the minutes.

Minutes:

The Committee considered application WNS/2021/1797/MAF for the relocation of the existing Manor Farm farmyard and conversion of existing buildings at Manor Farm to three dwellings with associated works at Manor Farm, Passenham, MK19 6DQ for The Parks Trust.

 

Nicola Thompson, the Agent for the Applicant, addressed the Committee in support of the application and addressed a number of technical points with regards to traffic management and the management of slurry from the site.

 

It was proposed by Councillor Dermot Bambridge and seconded by Councillor Alison Eastwood that application WNS/2021/1797/MAF be approved as per the officer’s recommendation. The motion was put to the vote with seven votes cast in favour of the proposal and two abstentions, therefore the motion was carried.

 

In reaching its decision the Committee considered the officer’s report and presentation, the address of the public speaker, and the written updates.

 

(1)  That authority be delegated to the Assistant Director – Growth, Climate and Regeneration to grant permission to application WNS/2021/1797/MAF subject to the following conditions set out below (and any amendments to those conditions as deemed necessary):

 

CONDITIONS

Time Limit

1.    The development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission.

Reason - To comply with the provisions of Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Compliance with Plans

2.    Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the following plans and documents:

•     21 14 001 P1 Site Location Plan received 25th October 2021

•     S3563 02 Topographical Survey (site A)

•     La5151 100a Site B Landscape received 25th October 2021

•     21 14 006 P3 Site B Proposed Layout received 25th October 2021

•     21 14 011 P2 Barn A Proposed received 25th October 2021

•     21 14 021 P2 Barn B Proposed received 25th October 2021

•     21 14 031 P2 Barn C Proposed received 25th October 2021

•     21 14 041 P2 Barn D Proposed received 25th October 2021

•     21 14 050 P4 Cattle Shed Proposed Plan received 25th October 2021

•     21 14 052 P3 Straw Barn Proposed received 25th October 2021

•     21 14 051 P4 Cattle Shed Proposed Elevations received 25th October 2021

•     Preliminary Ecological Appraisal prepared by Philip Irving, dated June 2021, received 25th October 2021

•     Paddock Geo Engineering Preliminary Contamination Risk Assessment Parts 1, 2 and 3 dated May 2016, received on 25th October 2021

•     Paddock Geo Engineering Site Contamination Risk Assessment dated September 2021 and received on 25th October 2021

•     Flood Risk Assessment prepared by MAC Pre-Planning Engineering dated September 2021 and received 25th October 2021

•     21 14 003 P5 Site A Proposed Layout received 8th February 2022

•     LA5151-101B Landscape Site A received 9th February 2022

•     Transport Statement Rev B prepared by Abington Consulting Engineers dated 7th April 2022 and received on 11th April 2022

•     Structural Survey addendum reference TZ/22/48372/HM dated 30th March 2022 and received 1st April 2022

Reason – For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and comply with Government guidance contained within the National Planning Policy Framework.

3.    The development hereby permitted shall be carried out in accordance with the mitigation, recommendation and enhancements in section 6 of the Preliminary Ecological Appraisal, by Philip Irving, dated June 2021, unless otherwise agreed in writing by the Local Planning Authority.

Reason : To protect habitats and/or species of importance to nature conservation from significant harm in accordance with the Government's aim to achieve sustainable development as set out in Section 15 of the National Planning Policy Framework.

CONDITIONS REQUIRING LOCAL PLANNING AUTHORITY WRITTEN APPROVAL OR TO BE COMPLIED WITH BEFORE ANY DEVELOPMENT COMMENCES

4.    If the development hereby approved does not commence by 1st June 2023, a revised protected species survey shall be undertaken prior to the commencement of the development to establish changes in the presence, abundance and impact on protected species. The survey results, together with any necessary changes to the mitigation plan or method statement shall be submitted to and approved in writing

the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details.

Reason : To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy BN2 of the West Northamptonshire Joint Core Strategy and Government guidance contained within the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.

5.    Due to the contamination identified in the submitted reports Paddock Geo Engineering Preliminary Contamination Risk Assessment Parts 1, 2 and 3 dated May

2016 and Paddock Geo Engineering Site Contamination Risk Assessment dated September 2021, all received on 25th October 2021, no development hereby permitted shall take place until

(a)     a scheme of remediation and/or monitoring to ensure the site is suitable for its proposed use has been prepared by a competent person and in accordance with DEFRA and the Environment Agency's ‘Model Procedures for the Management of Land Contamination, CLR 11’ and

(b)     has been submitted to and approved in writing by the Local Planning Authority.

No development shall take place until the Local Planning Authority has given its written approval of the scheme of remediation and/or monitoring required by this condition.

Reason:  To ensure that any ground and water contamination is adequately addressed to ensure the safety of the development, the environment and to ensure the site is suitable for the proposed use, to comply with Policy SS2 of the South Northamptonshire Local Plan, Policy BN9 of the West Northamptonshire Joint Core and Section 15 of the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.

6.    Prior to the commencement of the development the applicant will secure the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority.

This written scheme will include the following components, completion of each of which will trigger the phased discharging of the condition:

(i)     fieldwork in accordance with the agreed written scheme of investigation;

(ii)    post-excavation assessment (to be submitted within six months of the completion of fieldwork, unless otherwise agreed in advance with the Planning Authority);

(iii)   completion of post-excavation analysis, preparation of site archive ready for deposition at a store (Northamptonshire ARC) approved by the Planning Authority, completion of an archive report, and submission of a publication report to be completed within two years of the completion of fieldwork, unless otherwise agreed in advance with the Planning Authority.

Reason: To ensure that features of archaeological interest are properly examined and recorded and the results made available, in accordance with NPPF Paragraph 205.

7.    Prior to the commencement of works on any aspect of the new farmyard, full details of all proposed security arrangements, using the preliminary statement submitted and received by the Council on 7th March 2022 as a template, shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.

Reason : To safeguard the site and reduce risk of crime in accordance with policy SS2 of the Local Plan Part 2.

CONDITIONS REQUIRING LOCAL PLANNING AUTHORITY WRITTEN APPROVAL OR TO BE COMPLIED WITH BY DEVELOPER BEFORE SPECIFIC CONSTRUCTION WORKS TAKE PLACE

8.    Before any above ground works commence a scheme for the provision and implementation of surface water drainage shall be submitted to and approved in writing by the Local Planning Authority. The drainage works shall be constructed and completed in accordance with the approved plans before the first occupation of any of the buildings/dwellings hereby approved.

Reason : To ensure satisfactory drainage of the site in the interests of achieving sustainable development, public health, to avoid flooding of adjacent land and property to comply with Policy SS2 of the South Northamptonshire Local Plan Policy BN7 and BN9 of the West Northamptonshire Joint Core Strategy and Government advice in the National Planning Policy Framework.

9.    No development shall take place on either site, other than demolition of buildings identified for removal on the approved plans, until a Construction and Environment Management plan has been submitted to, and approved in writing by the Local Planning Authority. The statement shall provide for at a minimum:

a)    The parking of vehicles of site operatives and visitors;

b)    The routeing of HGVs to and from the site;

c)    Loading and unloading of plant and materials;

d)    Storage of plant and materials used in constructing the development;

e)    The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

f)     Wheel washing facilities including type of operation (automated, water recycling etc) and road sweeping;

g)    Measures to control the emission of dust and dirt during construction;

h)    A scheme for recycling/ disposing of waste resulting from demolition and construction works;

i)     Delivery, demolition and construction working hours;

The statement shall also provide specific information pertaining to the following elements:

j)     Construction of the earth bund along the north-western edge of the proposed farmyard, including the management of the movement of materials and vehicular trips during construction

k)    Construction of and subsequent anticipated trip rates/use of the educational building within the proposed farmyard

The approved Construction and Environment Management Plan shall be adhered to throughout the construction period for the development.

Reason : To ensure the environment is protected during construction in accordance with Policy SS2 of the South Northamptonshire Local Plan and Government guidance contained within the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.

10.  Sample panels of any new limestone and/or brickwork which are to be used in repairing or rebuilding parts of any of the buildings, or in the construction of any walls that form boundary treatments - including those that flank neighbouring property boundaries - shall be constructed on site to be inspected and approved in writing by the Local Planning Authority before those elements are commenced. Any stone sample panel(s) shall be laid, dressed, coursed and pointed using a lime-based mortar with brushed or rubbed joints. The sample panel(s) shall be constructed in a position that is protected and readily accessible for viewing in good natural daylight from a distance of 3 metres. The panel(s) shall be retained on site for the duration of the construction contract.

Reason : To ensure that the materials are appropriate to the appearance of the locality and to ensure the satisfactory appearance of the completed development in accordance with Policies SS2, HE5 and HE6 of the South Northamptonshire Local Plan Policy and Government guidance contained within the National Planning Policy Framework.

11.  Samples of all roofing materials (including ridge tiles) for both the replacement roofs shown on the approved plans and any other repair work not shown on the approved plans shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of those works.  The development shall be carried out in accordance with the samples so approved.

Reason: To ensure that the materials are appropriate to the appearance of the locality and to ensure the satisfactory appearance of the completed development in accordance with Policy SS2 of the South Northamptonshire Local Plan.

12.  A schedule of materials and finishes, including samples or photographs of the proposed materials to be used in the external walls and roof(s) of the cattle barn and the straw barn proposed in the new farmyard shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of those works. The development shall thereafter be completed in accordance with the approved details.

Reason : To ensure that the materials are appropriate to the appearance of the locality and to ensure the satisfactory appearance of the completed development in accordance with Policies SS2 and HE5 of the South Northamptonshire Local Plan Policy and Government guidance contained within the National Planning Policy Framework.

13.  Notwithstanding the submitted details, further details of the construction and finishes, including sections, of the proposed windows and doors and their surrounds (including any lintels), rainwater goods, eaves and verges to be installed into Barns A, B, C and D, to a scale no less than 1:5 shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of that work. The development shall be carried out in accordance with the approved details.

Reason: To ensure that the new works are sympathetic with the character of the existing building and to accord with policy SS2 of the Local Plan Part 2.

14.  Full details of all boundary enclosures proposed along all boundaries and within the curtilages of both sites as depicted on approved drawing 21 14 001 P1 Site Location Plan received 25th October 2021 shall be submitted to and approved in writing by the Local Planning Authority before the dwelling hereby approved reaches slab level and such means of enclosure shall be erected prior to the first occupation of any dwellinghouse or either the cattle barn or the straw shed. Please see Informative 1.

Reason : To ensure the satisfactory appearance of the completed development, to safeguard the privacy of the occupants of the existing and proposed dwellings and to comply with Policy SS2 of the South Northamptonshire Local Plan and Government guidance contained within the National Planning Policy Framework.

15.  Notwithstanding the landscape bund for Site B [see condition 16], both sites shall be landscaped in accordance with the following drawings…

•       LA5151-101B Landscape Site A received 9th February 2022

•       LA5151-100A Landscape Site B received 25th October 2021

…unless, prior to the development progressing above slab level or such alternative timeframe as agreed in writing by the developer and Local Planning Authority, an alternative scheme for landscaping the site is provided to and approved in writing by the Local Planning Authority. The scheme shall provide the following:

a)    details of the proposed tree and shrub planting including their species, number, sizes and positions, together with grass seeded/turfed areas

b)    details of the existing trees and hedgerows to be retained as well as those to be felled, including existing and proposed soil levels at the base of each tree/hedgerow and the minimum distance between the base of the tree and the nearest edge of any excavation,

c)    details of the hard landscaping including hard surface areas, pavements, pedestrian areas and steps.

The approved alternative scheme shall be implemented by the end of the first planting season following occupation of the development.

Reason : To ensure that a satisfactory landscape scheme is provided in the interest of well planned development and visual amenity and to accord with Policies SS2 of the South Northamptonshire Local Plan and Government guidance contained within the National Planning Policy Framework.

16.  Notwithstanding the details of the bund shown on approved landscape drawing LA5151-100A Landscape Site B received 25th October 2021, detailed plans of the proposed bund to be positioned along the north-western boundary of the new farmyard shall be submitted to and approved in writing by the Local Planning Authority prior to the development of any buildings within the farmyard above slab level. The details shall include:

•       Elevational and sectional drawings

•       Intended finished ground levels for the landscape around and on top of the bund

•       All species of plants, including numbers, spacing and size to be placed in front of (to the north-west) and on the bund

The bund and its associated landscaping shall be implemented prior to the farmyard being first brought into use and maintained for a period of 10 years in accordance the stipulations of condition 26 and retained as such thereafter.

Reason : To ensure that a satisfactory landscape scheme is provided in the interest of well planned development and visual amenity and to accord with Policies SS2 of the South Northamptonshire Local Plan and Government guidance contained within the National Planning Policy Framework.

17.  In the event that contamination to land and/or water is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. No development shall continue until a risk assessment has been carried out by a competent person in accordance with current government and Environment Agency Guidance and Approved Codes of Practice. Each phase shall be submitted to and approved in writing by the Local Planning Authority.

•       Phase 1 shall incorporate a desk study and site walk over to identify all potential contaminative uses on site, and to inform the conceptual site model.  If potential contamination is identified in Phase 1 then a Phase 2 investigation shall be undertaken.

•       Phase 2 shall include a comprehensive intrusive investigation in order to characterise the type, nature and extent of contamination present, the risks to receptors and to inform the remediation strategy proposals.

•       Phase 3 requires that a scheme of remediation and/or monitoring to ensure the site is suitable for its proposed use shall be submitted to and approved in writing by the Local Planning Authority. The remediation shall be carried out in accordance with the approved scheme and the applicant shall provide written verification to that effect.

The development shall not be occupied until any approved remedial works have been carried out and a full validation report has been submitted to and approved in writing by the Local Planning Authority. 

Reason : To ensure that any ground and water contamination is identified and adequately addressed to ensure the safety of the development, the environment and to ensure the site is suitable for the proposed use to comply with Policy SS2 of the South Northamptonshire Local Plan.

18.  No development shall commence in respect of the new farmyard (Site B) until the works to improve Passenham Road, including the widening of the junction and the formation of a passing place as shown on the approved plan 21027/104 'Highway Improvements' contained within the Transport Statement prepared by Abington Consulting Engineers dated 31st January 2022 and received on 8th February 2022, have been provided in accordance with details which have previously been submitted to and approved in writing by the Local Planning Authority.

Reason : To accord with Government Guidance in Section 12 of the National Planning Policy Framework and Policy SS2 of the South Northamptonshire Local Plan which requires that development shall have a satisfactory means of access and in the interests of highway safety during the course of construction of the farmyard, and the convenience of users of the adjoining highway. This information is required prior to commencement of this phase of the development as it is fundamental to the acceptability of the scheme.

CONDITIONS REQUIRING LOCAL PLANNING AUTHORITY WRITTEN APPROVAL OR TO BE COMPLIED WITH BY DEVELOPER BEFORE OCCUPATION

19.  The development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition 5. A verification report that demonstrates the effectiveness of the remediation carried out must be submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that any ground and water contamination is adequately addressed to ensure the safety of the development, the environment and to ensure the site is suitable for the proposed use, to comply with Policy SS2 of the South Northamptonshire Local Plan, Policy BN9 of the West Northamptonshire Joint Core and Section 15 of the National Planning Policy Framework.

20.  Full details of the siting, appearance and colour of any electricity or gas supply meter housings to be located on the external elevations of the three dwellings shall be submitted to and approved by the Local Planning Authority prior to the occupation of any dwelling. The development shall thereafter be carried out in accordance with the approved details

Reason: To safeguard the character and appearance of the dwellings and safeguard the visual amenity of the area in accordance with policy SS2 of the South Northamptonshire Local Plan.

21.  The refuse bins for the three dwellings shall be stored in a location that accords with details shown on drawings 21 14 011 P2 Barn A Proposed received 25th October 2021, or alternatively the bins shall be stored within the undercover garaging provided to each dwellinghouse as shown on 21 14 011 P2 Barn A Proposed, unless, prior to the dwelling's first occupation, alternative details of all refuse storage facilities are submitted to and approved in writing by the Local Planning Authority. The alternative storage facilities shall thereafter be provided in accordance with the alternative details before the building to which they relate is first occupied.

Reason: In order that proper arrangements are made for the storage and disposal of waste in the interests of well planned development and in accordance with Policy SS2 of the Local Plan Part 2.

22.  Notwithstanding the typical sections and elevations or siting shown on approved plan 21 14 003 P5 Site A Proposed Layout received 8th February 2022, a refuse collection point serving all three dwellings shall be provided, in accordance with alternative details, including siting, full elevations, design and finish, which shall be submitted to the Local Planning Authority for approval prior to the first use or occupation of the development hereby permitted. The refuse collection point shall be provided prior to first occupation and shall thereafter be permanently retained and maintained for the storage of refuse bins in connection with the development.

Reason :  In the interest of well-planned development and visual amenity and to accord with Policy SS2 of the South Northamptonshire Part 2 Local Plan and Government guidance contained within the National Planning Policy Framework.

23.  The new farmyard (Site B) shall not be brought into use until full details of the 'Commercial Vehicle Crossover' at the site's access point with Passenham Road have been submitted to and approved in writing by the Local Planning Authority. The formation of the access shall thereafter be undertaken in accordance with those details prior to its first use.

Reason : To accord with Government Guidance in Section 12 of the National Planning Policy Framework and Policy SS2 of the South Northamptonshire Local Plan which requires that development shall have a satisfactory means of access and in the interests of highway safety and the convenience of users of the adjoining highway. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.

24.  The dwellings hereby permitted shall not be occupied until they has been provided with electric charging equipment of AC Level 2 (or equipment providing for no lesser standard of efficiency) to serve that dwelling.

Reason : To comply with Policy S10 of the West Northamptonshire Joint Core Strategy and Policy INF4 of the South Northamptonshire Local Plan Part 2, and to maximise opportunities for sustainable transport modes in accordance with paragraph 110(e) of the National Planning Policy Framework.

CONDITIONS TO BE COMPLIED WITH AT ALL TIMES

25.  All planting, seeding or turfing comprised in drawing LA5151-101B Landscape Site A received 9th February 2022 shall be carried out in the first planting and seeding seasons following the occupation of the building(s) or on the completion of the development, whichever is the sooner, and shall be maintained for a period of 5 years from the completion of the development. Any trees and/or shrubs which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent for any variation.

Reason: To ensure that the agreed landscaping scheme is maintained over a reasonable period that will permit its establishment in the interests of visual amenity and to accord with Policy SS2 of the South Northamptonshire Local Plan.

26.  All planting, seeding or turfing comprised in drawing LA5151-100A Landscape Site B received 25th October 2021 as well as the details submitted to discharge condition 16, shall be carried out in the first planting and seeding seasons following the occupation of the building(s) or on the completion of the development, whichever is the sooner, and shall be maintained for a period of 10 years from the completion of the development. Any trees and/or shrubs which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent for any variation.

Reason: To ensure that the agreed landscaping scheme is maintained over a reasonable period that will permit its establishment in the interests of visual amenity and to accord with Policy SS2 of the South Northamptonshire Local Plan.

27.  Notwithstanding the provisions of Classes A-E (inc) of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting or amending that order) no enlargement, alteration or improvement of the dwellinghouses hereby permitted, nor any outbuildings within the curtilage of any dwellinghouse permitted, shall be undertaken at any time without the prior planning permission of the Local Planning Authority.

Reason: To ensure that the amenities of the adjoining occupier(s) are not adversely affected by loss of privacy and to protect the rural character and appearance of this part of the village, in accordance with Policy SS2 of the South Northamptonshire Local Plan.

28.  Notwithstanding the provisions of Class A of Part 2, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting or amending that order) no gate, fence, wall or other means of enclosure shall be erected, constructed or placed in any location around any buildings, at any time, without the prior express planning permission of the Local Planning Authority.

Reason: To prevent compromising the presentation of the development to the street scene and preserve the visual amenities of the area in accordance with Policy SS2 of the South Northamptonshire Local Plan.

29.  The buildings hereby permitted within the new farmyard as shown on drawing 21 14 006 P3 Site B Proposed Layout received 9th February 2022 shall be used only for the purposes of agriculture, as defined in Section 336 (l) of the Town and Country Planning Act 1990. The associated educational facilities shall only be used for educational purposes that are wholly ancillary and directly related to the agricultural use and shall remain associated with the farming enterprise being conducted from that site.

Reason : To ensure that the development is used for agricultural purposes only, in accordance with Government Guidance contained within the National Planning Policy Framework and Policy LH1 of the South Northamptonshire Local Plan.

ADDITIONAL CONDITIONS

Manure/Sileage/Slurry Management Plan

Prior to the new farmyard being brought into use, a management strategy that establishes how the silage, slurry and waste animal product will be dealt with shall be submitted to and approved by the Council. This strategy will include details/information on the following, where relevant:

         

  1. How these products will be transported to the site, including the frequency, vehicle(s) involved and routing from the main highway (the A422) to the site
  2. How these products will be stored on site while awaiting removal,
  3. How these products will be removed from the site, including the frequency, vehicle(s) involved and routing from the site to the main highway (the A422)
  4. If some of these products are to be redistributed back onto the land, the frequency that this will take place, the vehicle(s) involved, and routing from the site to the land where redistribution is to take place.

         

          The above information shall be prepared noting the limited width of the highway, and weight restrictions, between Passenham and the Beachampton Road. The development shall thereafter be carried out in accordance with the approved details.

         

          Reason : In order to safeguard the residential amenities of nearby properties in accordance with Policy SS2 of the South Northamptonshire Local Plan.

 

Removal of all agricultural PD rights

With regards to the new farmyard as defined on drawing 21 14 006 P3 Site B Layout received 25th October 2021, and notwithstanding the provisions of Classes A - E of Part 6 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England|) Order 2015 (or any order revoking or re-enacting or amending that order) no development shall take place that comprises of the erection, extension of alteration of any building, any excavation or engineering operations, the installation of additional or replacement permanent plant/machinery, the provision, rearrangement or replacement of a private way, the provision of a hard surface, any mineral working for agricultural purposes or any forestry related development, without the prior planning permission of the Local Planning Authority.

         

Reason : Having regard to the sensitivity of the surrounding agricultural landscape and the potential impact further expansion and intensification of the farmyard might have on both visual and neighbour amenities and highway safety, it is considered to be in the public interest to require an application to enable the merits of any proposal to be assessed in accordance with Policy SS2 of the Local Plan Part 2.

 

Supporting documents: