Agenda item

To consider the urgent report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation, Miss White, the Applicant, addressed the Committee.

A lengthy debate ensued around changes to legislation in respect of prior to commencement conditions together with those pre-commencement conditions 12,13, and 14 yet to be agreed by the applicant in respect of this application. 

The Committee discussed the aforementioned conditions in detail to determine their relevance to the application. Following the discussion Councillor Fluker proposed that the application be approved subject to the applicant providing a method statement and protection plan in respect of the trees under the TPO, as referenced in pre-commencement condition 12 and that both pre-commencement conditions 13 and 14 be removed. This was duly seconded.

The Chairman put the proposal to approve the application to the Committee subject to the applicant’s agreement to the pre-commencement condition 12 on page 18 of the Urgent Business document and the removal of conditions 11, 13 and 14. Due to the removal of condition 11, condition 12 on page 18 would now be condition 11. This was agreed.

RESOLVED that the application be APPROVED subject to the following conditions:

1.     The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2.     The development hereby permitted shall be carried out in complete accordance with approved drawings: 1142/01 RevA; 1142/02 RevA; 1142/03; 1142/04 and 1142/05.

3.     Prior to their use in the development hereby approved, details or samples of the materials to be used in the construction of the external surfaces, including windows and doors, of the development hereby approved shall have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

4.     Prior to the occupation of the development hereby approved details of the boundary treatment of the site shall be submitted to and approved in writing by the Local Planning Authority. The boundary treatment shall be provided prior to the use of the site and building hereby approved in accordance with the approved details and be retained as such in perpetuity.

5.     The stables hereby permitted shall be used solely for the private stabling of horses and no business or commercial use including for the purposes of livery or any riding school activity shall take place at the site.

6.     The storage area hereby permitted shall be used solely in association with the equestrian use of the site or for agricultural purposes and for no other use falling within B8 (storage and distribution) use of the Town and Country Planning (Use Classes) Order 1987 (as amended).

7.     No development works above ground level shall occur until details of the surface water drainage scheme to serve the development has been submitted to and agreed in writing by the local planning authority. The agreed scheme shall be implemented prior to the first occupation of the development. The scheme shall ensure that for a minimum:

1)     The development should be able to manage water on site for 1 in 100 year events plus 40% climate change allowance.

2)      Run-off from a greenfield site for all storm events that have a 100% chance of occurring each year (1 in 1 year event) inclusive of climate change should be no higher than 10/ls and no lower than 1/ls. The rate should be restricted to the 1 in 1 greenfield rate or equivalent greenfield rates with long term storage (minimum rate 1l/s) or 50% betterment of existing run off rates on brownfield sites (provided this does not result in a runoff rate less than greenfield) or 50% betterment of existing run off rates on brownfield sites (provided this does not result in a runoff rate less than greenfield)

You are advised that in order to satisfy the soakaway condition the following details will be required:- details of the area to be drained, infiltration rate (as determined by BRE Digest 365), proposed length, width and depth of soakaway, groundwater level and whether it will be rubble filled.

Where the local planning authority accepts discharge to an adopted sewer network you will be required to provide written confirmation from the statutory undertaker that the discharge will be accepted.                  

8.     No development above ground level shall be occur until details of the foul drainage scheme to serve the development have been submitted to and agreed in writing by the local planning authority. The agreed scheme shall be implemented prior to the first occupation of the development.                      

9.     There shall be no burning of animal or stable wastes anywhere on the site as shown edged in red (or blue) on the plans which are attached to and form part of this permission.                       

10.  No floodlighting or other external form of illumination of the site shall be undertaken without the prior written approval of the local planning authority. Prior to the use of the development hereby permitted, details of any proposed floodlighting and all other external illumination of the site shall be submitted to and approved in writing by the local planning authority. All illumination within the site shall be retained in accordance with the approved details. There shall be no other lighting of the external areas of the site unless otherwise agreed in writing by the local planning authority.                     

11.  An arboricultural method statement and tree protection plan in accordance with BS5837:2012 shall be submitted to and approved in writing by the local planning authority prior to the commencement of the development. The development shall thereafter be implemented in accordance with the approved details.                       

12.  The public’s rights and ease of passage over restricted byway number 17 in Mayland shall be maintained free and unobstructed at all times.