The Head of Planning Services reported upon amended plans that had been received from the applicant.
That the application be approved with the following conditions:-
Time limit, plans and details
1. The development must be begun not later than the expiration of three years beginning with the date of this permission.
REASON: Required to be imposed by Section 51 of the Planning and Compulsory Purchase Act 2004.
2. Unless explicitly required by condition within this consent, the development hereby permitted shall be carried out in complete accordance with the proposals as detailed on drawings:
Location Plan 1:5000
5891bb01 Revision A Site Location Plan A4 received on 28/07/21;
Site Plan As Existing (received 28.01.2021)
5891 b/b/01 Floor Plans and Elevations as Existing
Existing Ground Floor Plan (Buildings A & B) (received 28.01.2021)
Existing First Floor Plan (Buildings A & B) (received 28.01.2021)
Existing Roof Plan (Buildings A & B) (received 28.01.2021)
Existing North Elevation (Buildings A & B) (received 28.01.2021)
Existing East Elevation (Buildings A & B) (received 28.01.2021)
Existing South Elevation (Buildings A & B) (received 28.01.2021)
Existing West Elevation (Buildings A & B) (received 28.01.2021)
Existing Long Section (received 28.01.2021)
5891cb01 Revision D Site Plans, Floor Plans and Elevations as Proposed received on 28/07/21
5891 c/b/02 rev.B Elevations and Typical Section as Proposed (received 28.01.2021)
REASON: For the avoidance of doubt and to clarify which plans are relevant to the consent.
3. All the external works of the development hereby permitted shall be completed before the expiration of three years from the date of this permission.
REASON: In order that the Local Planning Authority retains effective control over the development and to ensure that there is no significant deterioration in the condition of the building.
4. The existing buildings identified for demolition shall be demolished and all resultant materials removed from the site before development pursuant to this permission is commenced.
REASON: To safeguard the amenity of the locality.
5. This permission shall relate to the proposed conversion in accordance with the Design and Access Statement and Condition Report by Mason Gillibrand Architects submitted as part of the application. Any deviation from the survey may need to be the subject of a further planning application.
REASON: Since the application is for the conversion of the building only.
6. Notwithstanding the submitted details, precise specifications or samples of walling, door/window surrounds, rainwater goods, roofing/ridge materials including surfacing materials, their colour and texture shall have been submitted to and approved by the Local Planning Authority before their use in the proposed development. The development shall be completed in accordance with the approved details.
REASON: To ensure that the materials to be used are appropriate to the locality.
7. The proposed roof lights shall be of Conservation Type, recessed with a flush fitting, and shall be retained as such in perpetuity.
REASON: In order that the Local Planning Authority may ensure that the materials to be used are appropriate to the locality.
8. Full details of the alignment, height and appearance of any fences and walls and gates to be erected (notwithstanding any such detail shown on previously submitted plan(s)) shall have been submitted to and approved in writing by the Local Planning Authority before their use in the proposed development. The development shall be carried out in accordance with the approved details and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (Schedule 2, Part 2, Class A) (or any Order revoking and re-enacting that Order) no other fences, gates or walls shall be erected within the site (other than those expressly authorised by this permission).
REASON: To ensure a satisfactory appearance within the Forest of Bowland Area of Outstanding Natural Beauty.
9. Notwithstanding the provisions of The Town and Country Planning (Use Classes) (Amendment) (England) Order 2015, or any equivalent Order following the revocation and re-enactment thereof (with or without modification), the approved development shall only be used as holiday accommodation and for no other purpose, including any other purpose within Use Class C3.
REASON: For the avoidance of doubt, and to avoid an over-intensive use and to ensure that the development remains compatible with the character of the area and the intensity and frequency of usage remains proportionate to the use hereby approved.
10. The proposed holiday units shall be restricted to short-term holiday purposes only. No unit on the site shall be occupied at any time as permanent residential accommodation or as a person's main place of residence.
The owners/operators of the site shall maintain an up-to-date register of the names of all owners/occupiers of the cottage, and of their main home addresses, and shall make this information available, on request, to the Local Planning Authority.
REASON: To prevent the permanent residential occupation of the site in a location where new residential development is unacceptable in principle and to define the scope of the permission hereby approved.
11. Notwithstanding the provisions of Classes A to H of Part 1 of the Town and Country Planning (General Permitted Development) (England) Order 2015, or any Order revoking and re-enacting that Order, the holiday accommodation hereby permitted shall not be altered or extended, no new windows shall be inserted (including rooflights) and no additional buildings or structures shall be erected within its external area unless planning permission has first been granted by the Local Planning Authority.
REASON: In the interests of the amenity of the area
12. The external lighting shall be installed precisely in accordance with the details and specifications as shown on the approved plans and thereby retained as such. All external lighting units shall be fitted with a timing mechanism to ensure that there is no illumination between the hours of 23.00 and 07.00. No additional external lighting shall be installed without the express written permission of the Local Planning Authority.
REASON: To ensure a satisfactory appearance within the Forest of Bowland Area of Outstanding Natural Beauty and to minimise/mitigate the potential impacts upon protected species resultant from the development.
13. Prior to the commencement of development plans and particulars showing the provision to be made for the storage and disposal of refuse and recycling receptacles, shall be submitted to, and approved in writing by, the Local Planning Authority. Such provision as is agreed shall be implemented concurrently with the development and thereafter retained. No part of the development shall be occupied until the agreed provision is completed and made available for use.
REASON: In order that the Council may be satisfied with the details of the proposal.
14. Notwithstanding the details shown on the approved plans, no electric vehicle charging points shall be installed without the express written permission of the Local Planning Authority.
REASON: To ensure a satisfactory appearance within the Forest of Bowland Area of Outstanding Natural Beauty.
Landscaping and Ecology
15. A scheme for the landscaping of the development, in accordance with the approved Landscape Masterplan and taking into account the mitigation and enhancement recommendations within the Landscape and Visual Impact Assessment (May 2019 Rev. A) and Ecological Impact Assessment and Habitats Regulation Assessment by Naturally Wild (RSC-19-01, January 2021), shall be submitted prior to the commencement of the development. These details shall indicate the types and numbers of trees and shrubs to be planted, their distribution on site, those areas to be seeded, paved or hard landscaped (including full details of the colour, form and texture); and detail any changes of ground level or landform, proposed finished levels, means of enclosure, minor artefacts and structures.
All hard and soft landscape works shall be carried out in accordance with the approved details within the first planting and seeding seasons following the occupation of any buildings or the completion of the development, whichever is the sooner.
REASON: To ensure that a satisfactory landscaping scheme for the development is carried out to mitigate the impact of the development and secure a high quality design.
16. Notwithstanding the submitted details, no development, including any site preparation, demolition, scrub/hedgerow clearance or tree works/removal shall commence or be undertaken on site until a landscape and ecological management plan, including management responsibilities and maintenance schedules for all landscaped areas has been submitted to and approved in writing by the Local Planning Authority.
For the avoidance of doubt the details shall also indicate that the landscaping proposals shall be maintained for a period of not less than 10 years to the satisfaction of the Local Planning Authority. This maintenance shall include the replacement of any tree or shrub which is removed, or dies, or is seriously damaged, or becomes seriously diseased, by a species of similar size to those originally planted.
The landscape management of the site shall thereafter be carried out in strict accordance with the approved details.
REASON: In order to ensure that the landscaping hereby approved is adequately and appropriately managed.
17. Notwithstanding the submitted details, no development, including any site preparation, demolition, scrub/hedgerow clearance or tree works/removal shall commence or be undertaken on site until a European Protected Species Mitigation Licence has been submitted to and obtained from Natural England. A copy of the licence obtained shall then be submitted to and agreed in writing by local planning authority in consultation with Natural England.
The actions, methods & timings included in the mitigation measures identified and the conditions of the Natural England Licence shall be fully implemented and adhered to throughout the lifetime of the development.
REASON: To ensure the protection of species/habitat protected by the Wildlife and Countryside Act 1981 (as Amended) and in the interests of biodiversity and to enhance habitat opportunities for species of conservation concern/protected species and to minimise/mitigate the potential impacts upon protected species resultant from the development.
18. The development hereby approved shall be completed and operated in strict accordance with the mitigation and enhancement measures contained in the Bat Risk Assessment and Bat Survey Report (RSC-19-01, October 2020), Ecological Impact Assessment and Habitats Regulation Assessment (RSC-19-01, January 2021) and Habitats Regulations Assessment Report (RSC-19-01, March 2021).
The artificial nesting/roosting features shall be incorporated into the building during the conversion works before the building is first brought into use and retained thereafter.
REASON: In the interests of biodiversity and to ensure there is no adverse effect on the integrity of Bowland Fells Special Protection Area (SPA) and Bowland Fells Site of Special Scientific Interest (SSSI).
19. During the period of construction no building or engineering operations within the site shall take place other than between 07:30 hours and 18:00 hours Monday to Friday and between 08:30 hours and 14:00 hours on Saturdays, and not at all on Sundays or Bank Holidays.
REASON: In order to protect the amenities of existing residents and the surrounding area.
20. No development approved by this permission shall be commenced until a scheme for the conveyance of foul drainage to a private treatment plant has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall be constructed and completed in accordance with the approved plans.
REASON: To prevent pollution of the water environment
1. Government guidance contained within the national Planning Practice Guidance (Water supply, wastewater and water quality – considerations for planning applications, paragraph 020) sets out a hierarchy of drainage options that must be considered and discounted in the following order:
1. Connection to the public sewer
2. Package sewage treatment plant (adopted in due course by the sewerage company or owned and operated under a new appointment or variation)
3. Septic Tank Foul drainage should be connected to the main sewer.
Where this is not possible, under the Environmental Permitting Regulations 2010 any discharge of sewage or trade effluent made to either surface water or groundwater will need to be registered as an exempt discharge activity or hold a permit issued by the Environment Agency, addition to planning permission. This applies to any discharge to inland freshwaters, coastal waters or relevant territorial waters.
Please note that the granting of planning permission does not guarantee the granting of an Environmental Permit. Upon receipt of a correctly filled in application form we will carry out an assessment. It can take up to 4 months before we are in a position to decide whether to grant a permit or not.
Domestic effluent discharged from a treatment plant/septic tank at 2 cubic metres or less to ground or 5 cubic metres or less to surface water in any 24 hour period must comply with General Binding Rules provided that no public foul sewer is available to serve the development and that the site is not within an inner Groundwater Source Protection Zone.
A soakaway used to serve a non-mains drainage system must be sited no less than 10 metres from the nearest watercourse, not less than 10 metres from any other foul soakaway and not less than 50 metres from the nearest potable water supply.
Where the proposed development involves the connection of foul drainage to an existing non-mains drainage system, the applicant should ensure that it is in a good state of repair, regularly de-sludged and of sufficient capacity to deal with any potential increase in flow and loading which may occur as a result of the development.
Where the existing non-mains drainage system is covered by a permit to discharge then an application to vary the permit will need to be made to reflect the increase in volume being discharged. It can take up to 13 weeks before we decide whether to vary a permit.
2. The grant of planning permission does not entitle a developer to obstruct a right of way and any proposed stopping up or diversion of a right of way should be the subject of an Order under the appropriate Act.
(Mr J Ibison spoke in favour of the above application. Mrs R Hargrave spoke against the above application on behalf of Bowland Forest (H) Parish Council. Cllr S Hore was given permission to speak on the above application).