ERE/0810/0034 - Erewash Borough Council

Received: 22/07/2010
Valid from: 12/08/2010
ERE/0810/0034
Application for Planning Permission.
Town and Country Planning Act 1990
Publication of applications on planning authority websites.
Please note that the information provided on this application form and in supporting documents may be published on the Authority’s website.
If you require any further clarification, please contact the Authority’s planning department.
1. Applicant Name, Address and Contact Details
Title: Mr & Mrs
First name:
G
Surname:
Pilkington
Company name
Street address:
Country
Code
Barkingham Palace
National
Number
Extension
Number
Telephone number:
Ilkeston Road
Smalley
Mobile number:
Town/City
County:
Fax number:
Derbyshire
Email address:
Country:
Postcode:
DE7 6DG
Are you an agent acting on behalf of the applicant?
Yes
No
2. Agent Name, Address and Contact Details
Title:
First Name:
David
Company name:
David Brooks Planning and Development
Street address:
19 Quat Goose Lane
Surname:
Country
Code
Swindon Village
Town/City
Cheltenham
County:
Gloucestershire
National
Number
Telephone number:
01242
692552
Mobile number:
0797
4649115
Extension
Number
Fax number:
Email address:
Country:
Postcode:
Brooks
dbpd09@googlemail.com
GL51 9RP
3. Description of the Proposal
Please describe the proposed development including any change of use:
Proposed change of use of existing domestic building to kennels with residential unit to accommodate owners, erection of cattery building and access alterations.
Has the building, work or change of use already started?
Yes
Ref: 04: 2309
No
Planning Portal Reference:
4. Site Address Details
Description:
Full postal address of the site (including full postcode where available)
House:
Suffix:
House name:
Top Farm
Street address:
Morley Lane
Morley
Town/City:
County:
Derbyshire
Postcode:
DE7 6DL
Description of location or a grid reference
(must be completed if postcode is not known):
Easting:
438623
Northing:
341669
5. Pre-application Advice
Has assistance or prior advice been sought from the local authority about this application?
Yes
No
If Yes, please complete the following information about the advice you were given (this will help the authority to deal with this application more efficiently):
Officer name:
Title: Mr
First name:
Kenny
Surname:
Dhillon
Reference:
Date (DD/MM/YYYY):
10/06/2010
(Must be pre-application submission)
Details of the pre-application advice received:
Conversion kennels acceptable in principle but no other building should be erected. Support will not be given to residential occupation. Noise and waste disposal to be
considered in planning application. Access works to be detailed.
First 2 points subsequently challenged in the light of conversion and Green Belt policies but matter not resolved.
6. Pedestrian and Vehicle Access, Roads and Rights of Way
Yes
Is a new or altered vehicle access proposed to or from the public highway?
Yes
Is a new or altered pedestrian access proposed to or from the public highway?
Yes
Are there any new public roads to be provided within the site?
No
No
No
Yes
Are there any new public rights of way to be provided within or adjacent to the site?
No
Yes
Do the proposals require any diversions/extinguishments and/or creation of rights of way?
No
If you answered Yes to any of the above questions, please show details on your plans/drawings and state the reference of the plan(s)/drawings(s)
Proposed site plan ref:TF005
7. Waste Storage and Collection
Do the plans incorporate areas to store and aid the collection of waste?
Yes
No
If Yes, please provide details:
In relation to the kennels and cattery, in compliance with appropriate legislation and, for the owner's residential accommodaiton
Have arrangements been made for the separate storage and collection of recyclable waste?
Yes
No
If Yes, please provide details:
For the owner's residential accommodaiton
8. Authority Employee/Member
With respect to the Authority, I am:
(a) a member of staff
(b) an elected member
(c) related to a member of staff
(d) related to an elected member
Do any of these statements apply to you?
Ref: 04: 2309
Planning Portal Reference:
Yes
No
9. Materials
Please state what materials (including type, colour and name) are to be used externally (if applicable):
Walls - description:
Description of existing materials and finishes:
Painted render and asbestos slates
Description of proposed materials and finishes:
Painted render and asbestos slates
Roof - description:
Description of existing materials and finishes:
Asbestos slates
Description of proposed materials and finishes:
Asbestos slates
Windows - description:
Description of existing materials and finishes:
Wood frames
Description of proposed materials and finishes:
Wood frames
Doors - description:
Description of existing materials and finishes:
Wooden
Description of proposed materials and finishes:
Wooden
Boundary treatments - description:
Description of existing materials and finishes:
Drystone wall on frontage and closeboarded fence within site
Description of proposed materials and finishes:
Drystone wall on frontage and closeboarded and post and rail fence on western boundary
Vehicle access and hard standing - description:
Description of existing materials and finishes:
Gravel
Description of proposed materials and finishes:
Gravel
Lighting - add description
Description of existing materials and finishes:
Domestic scale security lights
Description of proposed materials and finishes:
Domestic scale security lights
Are you supplying additional information on submitted plan(s)/drawing(s)/design and access statement?
Yes
No
If Yes, please state references for the plan(s)/drawing(s)/design and access statement:
Design and Access Statement July 2010
Plans : Location Plan TF001, Existing Site Plan TF002, Existing Floor Plan TF003, Existing Elevations TF004, Proposed Site Plan TF005, Proposed Floor Plan TF006, Proposed
Elevations TF007 and Proposed Cattery Building TF008.
10. Vehicle Parking
Please provide information on the existing and proposed number of on-site parking spaces:
Type of vehicle
Existing number
of spaces
Total proposed (including spaces
retained)
Difference in
spaces
Cars
6
6
0
Light goods vehicles/public carrier vehicles
0
0
0
Motorcycles
0
0
0
Disability spaces
0
0
0
Cycle spaces
0
0
0
Other (e.g. Bus)
0
0
0
Short description of Other
Ref: 04: 2309
Planning Portal Reference:
11. Foul Sewage
Please state how foul sewage is to be disposed of:
Mains sewer
Package treatment plant
Septic tank
Cess pit
Unknown
Other
Are you proposing to connect to the existing drainage system?
Yes
No
Unknown
12. Assessment of Flood Risk
Is the site within an area at risk of flooding? (Refer to the Environment Agency's Flood Map showing
flood zones 2 and 3 and consult Environment Agency standing advice and your local planning authority
requirements for information as necessary.)
Yes
No
If Yes, you will need to submit an appropriate flood risk assessment to consider the risk to the proposed site.
Yes
Will the proposal increase the flood risk elsewhere?
No
Yes
Is your proposal within 20 metres of a watercourse (e.g. river, stream or beck)?
No
How will surface water be disposed of?
Sustainable drainage system
Main sewer
Pond/lake
Soakaway
Existing watercourse
13. Biodiversity and Geological Conservation
To assist in answering the following questions refer to the guidance notes for further information on when there is a reasonable likelihood that any important biodiversity
or geological conservation features may be present or nearby and whether they are likely to be affected by your proposals.
Having referred to the guidance notes, is there a reasonable likelihood of the following being affected adversely or conserved and enhanced within the application site, OR
on land adjacent to or near the application site:
a) Protected and priority species
Yes, on the development site
Yes, on land adjacent to or near the proposed development
No
b) Designated sites, important habitats or other biodiversity features
Yes, on the development site
Yes, on land adjacent to or near the proposed development
No
Yes, on land adjacent to or near the proposed development
No
c) Features of geological conservation importance
Yes, on the development site
14. Existing Use
Please describe the current use of the site:
Ancillary domestic building, gardens and paddock.
Is the site currently vacant?
No
Yes
If Yes, please describe the last use of the site:
As above
When did this use end (if known) (DD/MM/YYYY)?
Does the proposal involve any of the following?
If yes, you will need to submit an appropriate contamination assessment with your application.
Land which is known to be contaminated?
Yes
No
Yes
Land where contamination is suspected for all or part of the site?
No
Yes
A proposed use that would be particularly vulnerable to the presence of contamination?
No
15. Trees and Hedges
Are there trees or hedges on the proposed development site?
Yes
No
And/or: Are there trees or hedges on land adjacent to the proposed development site that could influence the
development or might be important as part of the local landscape character?
Yes
No
If Yes to either or both of the above, you may need to provide a full Tree Survey, at the discretion of your local planning authority. If a Tree Survey is required, this and the
accompanying plan should be submitted alongside your application. Your local planning authority should make clear on its website what the survey should contain, in
accordance with the current 'BS5837: Trees in relation to construction - Recommendations'.
Ref: 04: 2309
Planning Portal Reference:
16. Trade Effluent
Yes
Does the proposal involve the need to dispose of trade effluents or waste?
No
If Yes, please describe the nature, volume and means of disposal of trade effluents or waste:
Waste from dogs and cats - disposal in accordance with appropriate legislation
17. Residential Units
Does your proposal include the gain or loss of residential units?
Yes
No
Market Housing - Existing
Market Housing - Proposed
Number of bedrooms
1
Houses
2
3
Number of bedrooms
4+
Unknown
1
2
3
4+
Unknown
Houses
1
Flats/Maisonettes
Flats/Maisonettes
Live-Work units
Live-Work units
Cluster flats
Cluster flats
Sheltered housing
Sheltered housing
Bedsit/Studios
Bedsit/Studios
Unknown
Unknown
Proposed Market Housing Total
1
Existing Market Housing Total
0
Overall Residential Unit Totals
Total proposed residential units
1
Total existing residential units
0
18. All Types of Development: Non-residential Floorspace
Does your proposal involve the loss, gain or change of use of non-residential floorspace?
Use class/type of use
Yes
Gross
internal floorspace to be
lost by change of use or
demolition
(square metres)
Existing gross
internal
floorspace
(square metres)
No
Total gross new internal
floorspace proposed
(including changes of use)
(square metres)
Net additional gross
internal floorspace
following development
(square metres)
A1
Shops Net Tradable Area
0.0
0.0
0.0
0.0
A2
Financial and professional services
0.0
0.0
0.0
0.0
A3
Restaurants and cafes
0.0
0.0
0.0
0.0
A4
Drinking estabishments
0.0
0.0
0.0
0.0
A5
Hot food takeaways
0.0
0.0
0.0
0.0
B1 (a)
Office (other than A2)
0.0
0.0
0.0
0.0
B1 (b)
Research and development
0.0
0.0
0.0
0.0
B1 (c)
Light industrial
0.0
0.0
0.0
0.0
B2
General industrial
0.0
0.0
0.0
0.0
B8
Storage or distribution
0.0
0.0
0.0
0.0
C1
Hotels and halls of residence
0.0
0.0
0.0
0.0
C2
Residential institutions
0.0
0.0
0.0
0.0
D1
Non-residential institutions
0.0
0.0
0.0
0.0
D2
Assembly and leisure
0.0
0.0
0.0
0.0
Other
Please Specify
174.8
0.0
216.7
216.7
Total
174.8
0.0
216.7
216.7
For hotels, residential institutions and hostels, please additionally indicate the loss or gain of rooms:
Use Class
Types of use
Existing rooms to be lost by change of use
or demolition
Ref: 04: 2309
Planning Portal Reference:
Total rooms proposed (including
changes of use)
Net additional rooms
19. Employment
If known, please complete the following information regarding employees:
Full-time
Part-time
Equivalent number of full-time
Existing employees
0
0
0
Proposed employees
6
4
4
20. Hours of Opening
If known, please state the hours of opening for each non-residential use proposed:
Monday to Friday
Start Time
End Time
Use
Other
08.00
Saturday
Start Time
End Time
18.00
08.00
Sunday and Bank Holidays
Start Time
End Time
Not
Known
13.00
21. Site Area
What is the site area?
00.26
hectares
22. Industrial or Commercial Processes and Machinery
Please describe the activities and processes which would be carried out on the site and the end products including plant, ventilation or air conditioning. Please include the
type of machinery which may be installed on site:
Kennel and Cattery
Is the proposal for a waste management development?
Yes
No
23. Hazardous Substances
Is any hazardous waste involved in the proposal?
Yes
No
24. Site Visit
Can the site be seen from a public road, public footpath, bridleway or other public land?
Yes
No
If the planning authority needs to make an appointment to carry out a site visit, whom should they contact? (Please select only one)
The agent
The applicant
Other person
25. Certificates (Certificate A)
Certificate of Ownership - Certificate A
Town and Country Planning (General Development Procedure) Order 1995 Certificate under Article 7
I certify/The applicant certifies that on the day 21 days before the date of this application nobody except myself/ the applicant was the owner (owner is a person with a
freehold interest or leasehold interest with at least 7 years left to run) of any part of the land or building to which the application relates.
Title: Mr
Person role:
First name:
David
Agent
Surname:
Declaration date:
Brooks
Declaration made
22/07/2010
25. Certificates (Agricultural Land Declaration)
Agricultural Land Declaration
Town and Country Planning (General Development Procedure) Order 1995 Certificate under Article 7
Agricultural Land Declaration - You Must Complete Either A or B
(A) None of the land to which the application relates is, or is part of an agricultural holding.
(B) I have/The applicant has given the requisite notice to every person other than myself/the applicant who, on the day 21 days before the date of this application,
was a tenant of an agricultural holding on all or part of the land to which this application relates, as listed below:
If any part of the land is an agricultural holding, of which the applicant is the sole tenant, the applicant should complete part (B) of the form by writing 'sole tenant not applicable' in the first column of the table below
Title: Mr
Person role:
First Name:
Agent
David
Surname:
Declaration date:
22/07/2010
26. Declaration
I/we hereby apply for planning permission/consent as described in this form and the
accompanying plans/drawings and additional information.
Date
22/07/2010
Ref: 04: 2309
Planning Portal Reference:
Brooks
Declaration Made
ERE/0810/0034
Received: 22/07/2010
Valid from: 12/08/2010
Top Farm, Morley Lane, Morley, Derbyshire, DE7 6DL
Proposed change of use of existing domestic building to
kennels with residential unit to accommodate owners,
erection of cattery building and access alterations.
Applicants: Mr and Mrs G Pilkington
Design and Access Statement
July 2010
1.
Summary
1.1
The proposals contained in this planning application seek to:






Widen the access to allow a split between the kennels / cattery site and the
site of the existing adjoining dwelling.
Move the close-boarded wooden fence currently running on a line through the
centre of the site to the western boundary,
Rehabilitate the remainder of the site.
Occupy the existing residential accommodation within the L-shaped building
as the applicants’ dwelling to allow them to run the business,
Convert the remainder of the L-shaped building to provide accommodation for
16 dog pens, laundry and food preparation area,
Demolish the dilapidated timber frame building and erect a building
approximately 5.4m by 9.3m in extent and of similar design and appearance to
the L-shaped building to accommodate 8 cats.
1.2
The main aspects of these proposals were subject to pre-application discussions
with Kenny Dhillon of Erewash Borough Council.
2.
Site location and current status
2.1
The site lies in the countryside to the north of Morley Almshouses and has a
frontage and access to Morley Lane. An agricultural operation occupies land
immediately to the west and there is a pasture to the east alongside Quarry Road.
2.2
Until recently, the whole of the site known as Top Farm was in residential
occupation with a dwelling on the frontage and a large, L-shaped, single storey
building in the grounds. The dwelling is now in separate ownership and it would
appear that the L-shaped building was previously erected as ‘permitted
development’. It accommodates, from south to north, a room used as an office
accessed by a door covered by an external sliding door in the end (southern)
elevation followed by a living room / kitchen, two bathrooms and a bedroom. It is
understood that these rooms were used as ancillary residential accommodation to
the main dwelling.
2.3
Adjoining this accommodation is a tool store and a space available for garaging with
two large doors. The next room currently contains a snooker table. In the shorter
wing of the building is a swimming pool with a changing and equipment rooms.
2.4
Originally, from the appearance and layout of existing hardstandings and
flowerbeds, it would appear that the remainder of the site up to the boundary with
the adjoining agricultural operation was used as garden although it is not clear what
use was made of the area to the north of the L-shaped building, which is currently
overgrown.
David Brooks DipTP MRTPI
19 Quat Goose Lane, Swindon Village, Cheltenham, Gloucestershire, GL51 9RP
01242692552 07974649115 dbpd09@googlemail.com
2.5
At some time in the recent past, a close-boarded fence has been erected in a line
from one side of the access on the frontage of the site to the south-west corner of
the L-shaped building. This fence has cut across the existing hardstandings and
flowerbeds leaving a greenhouse on the other side together with a wooden building
with a footprint of 5.4m by 9.3m and a brick building near the frontage to Morley
Lane.
3.
Amount
3.1
General
3.2
Following a period on the market, the site has now been split with the existing
dwelling and an area of garden and drive immediately around it now in separate
ownership. A close-boarded fence will be erected on the new boundary between
the two properties and the existing fence within the application site moved to the
western boundary.
3.3
The triangular area of land immediately to the north of the L-shaped building will be
cleared and restored as a paddock. A post and rail fence will be erected on the
boundary with the adjoining agricultural operation and a gate installed immediately
adjoining the L-shaped building. The field between the site and Quarry Road is in
the applicant’s ownership and will be retained as grazing land and also used for dog
walking.
3.4
The area between the existing fence across the site and the western boundary will
be cleared of rubbish and landscaped to grass.
3.5
Access
3.6
It is understood that the owner of the adjoining dwelling will carry out alterations to
the access to that property entailing the removal of the existing pedestrian gate and
the reinstatement of the vehicular gate in its place. A new gatepost, a short section
of drystone wall and a second vehicular access and gate will then be created to form
the access to the application site. The drystone wall on the western side of the
existing access will be taken down and reinstated to the side of the new access.
3.7
Visibility the east from the both existing and proposed accesses is satisfactory not
least as the junction of Morley Lane and Quarry Road is only 50 m away. Traffic
approaching the site from that direction would be accelerating away from the
junction.
3.8
To the west, the drystone wall on the site frontage is, on average, 1.2m high and is
set back from the highway boundary by over 2m. The hawthorn hedge behind, but
overgrowing the wall, will be trimmed to maintain a 2.4m by 90m visibility splay.
David Brooks DipTP MRTPI
19 Quat Goose Lane, Swindon Village, Cheltenham, Gloucestershire, GL51 9RP
01242692552 07974649115 dbpd09@googlemail.com
3.9
A new drive, 4.5m wide will be created within the application site adjacent to the
existing access. A number of small trees will be removed and two adjoining beech
trees will require their crowns to be lifted.
3.10 Within the site, vehicle turning and parking facilities will be provided. In addition to
two spaces for the owners of the business, 6 spaces will be provided for employees
and customers with the potential for additional spaces to the west of the new
cattery building. In this regard, in addition to the owners, four people will be
employed by the business on a part-time basis with a maximum of two employees
present at the site at any one time.
3.11 These arrangements are detailed on the submitted plans.
3.12 The L-shaped building
3.13 This building is in a good state of repair and no major alterations to it will either be
necessary or will be undertaken.
3.14 The living accommodation can be used as it is although it is proposed to form an
internal door between the living room and the office to allow the latter to be used
as a kitchen. The external sliding door on the southeast elevation would be
removed to expose an existing door and a window created in the northeastern
elevation to give extra light the living room.
3.15 The garage area, snooker room and swimming pool area will be used to create 16
pens of a specification in accordance with the appropriate licensing standards for
accommodating dogs. On occasions, pairs of dogs from one household may be
present but at any one time, it would be unlikely that any more than 30 dogs would
be present at the site. A total of 174.8 sq m will be used to accommodate dogs.
3.16 The existing garage doors and large windows to the swimming pool area will be
replaced by metal grilles to allow ventilation and the changing room and plant room
used for food preparation and a laundry.
3.17 The new cattery building will have a footprint similar to the wooden framed building
and have an internal floorspace of 41.9 sq m. It will be located closer to the Lshaped building. Its proportions, design and materials of construction would echo
that of the existing building. It will contain 8 pens, again of a specification in
accordance with the appropriate licensing standards
3.18 Drainage will be to the existing mains and other waste products disposed of in line
with the appropriate legislation.
4.
Policy analysis
David Brooks DipTP MRTPI
19 Quat Goose Lane, Swindon Village, Cheltenham, Gloucestershire, GL51 9RP
01242692552 07974649115 dbpd09@googlemail.com
4.1
4.2
Since 1995, my clients have operated a kennels and cattery at Barkingham Palace,
Ilkeston Road, Smalley, which accommodates 74 animals. They are now seeking to
relocate and reduce the scale of their business.
The property at Top Farm has a similar relationship to nearby residential dwellings
as does my clients’ existing kennels and cattery in Smalley. This operation has not
been the source of any nuisance or complaint and I am confident, given the reduced
scale of the business now proposed, that the establishment of a kennels (with a
reduced number of dogs) and a cattery at Top Farm would not be a source of
nuisance to local residents.
4.3
I would add that I consider the existing kennels and cattery represents an important
local facility and a source of employment in the area.
4.4
In this context, I consider that Policy EC12 of Planning Policy Statement 4: Planning
for Sustainable Economic Growth gives support to the proposals particularly as they
involve the re-use of a building in the countryside for small-scale economic
development purposes. Specifically, paragraph D of the Policy states that planning
authorities should approve planning applications for the conversion and re-use of
existing buildings in the countryside for economic development, particularly those
adjacent or closely related to towns or villages, where the benefits outweigh any
harm that might result.
4.5
In this instance, the potential impact of the proposals on the countryside,
landscapes and wildlife is minimal and in terms of local economic and social needs
and opportunities, the proposals would provide an important service to the local
community. In addition, there will be considerable benefit from the rehabilitation of
the site from its current unkempt state.
4.6
Equally, I consider the proposals are not in conflict with the saved policies of the
Erewash Borough Local Plan 2005. Policy E7: Rural Employment states that outside
the settlements for the development of …. business premises through …
conversion …. of existing premises, will be permitted subject to a number of criteria
being satisfied.
In the case of the application proposals:

The design, scale and siting of the new development with regard to the
conversion of the existing building and the erection of the cattery will respect
the character and appearance of the locality, its setting and the surrounding
countryside. The work to the existing building is minimal with the greatest
change taking place to the garage doors and swimming pool windows facing
the internal courtyard. The cattery building, which will replace, in terms of
footprint and volume, the existing wooden building, which will be demolished
and will be of a design and appearance to match that of the existing L-shaped
building.
David Brooks DipTP MRTPI
19 Quat Goose Lane, Swindon Village, Cheltenham, Gloucestershire, GL51 9RP
01242692552 07974649115 dbpd09@googlemail.com

In relation to harm to the amenities of nearby residents or other land users, I
have already noted the similar relationship of dwellings to the business that
exists at Ilkeston Road, Smalley. In detail, the nearest dwellings in this location
are those on Belper Road to the east at about 250m. To the south-west lie
dwellings around Morley Manor at about 300m and to the west, Yew Tree
Farm, Smalley at about 300m.
At Top Farm, the nearest dwellings are at Priory Cottages to the west at about
250m with the existing buildings of the agricultural operation adjoining the
application site in between. The settlement at Morleymoor lies to the south at
over 300m away. To the north, the nearest dwelling is about 375m from the
application site.
Given this relationship, I consider that the establishment of a kennels (with a
reduced number of dogs) and a cattery at Top Farm would not be a source of
nuisance to local residents from noise or disturbance. It is also relevant that
the nature of the business requires that facilities for boarding dogs in
particular, needs to be in an area removed from nearby properties to minimise
noise from barking causing disturbance to nearby residents. This can only be
achieved in a rural position such as at the application site.

In terms of traffic generation, the proposals will create traffic using the new
access and the local highway network from the owners who will live and work
at the site, employees (as previously identified) and customers. The business
will be open from 8 am to 6 pm and it is anticipated there would be a
maximum, on average, of six customer visits a day delivering and collecting
animals.
In my view, this amount of traffic will not be inappropriate for the local
highway network nor will the proposed work to create the new access be
harmful to the character of the locality.
4.6
The site is located within the Green Belt and the proposal has also to be assessed
against the advice in Planning Policy Guidance Note 2: Green Belts and Policy GB1 Green Belt of the Local Plan.
4.7
Policy GB1 identifies that within the Green Belt there will be a presumption against
inappropriate development and planning permission will only be granted for
appropriate development such as for agriculture, sports and recreation, as infilling
or for affordable housing.
4.8
Policy GB5 considers conversions and changes of use within the Green Belt and
states that planning permission for such development of existing rural buildings will
be permitted provided a number of criteria can be satisfied. In the case of the
application proposals:

The L-shaped building is of a permanent and substantial construction,
David Brooks DipTP MRTPI
19 Quat Goose Lane, Swindon Village, Cheltenham, Gloucestershire, GL51 9RP
01242692552 07974649115 dbpd09@googlemail.com





4.9
The building is basically sound and is capable of conversion without the need
for significant rebuilding or alteration,
The building is sufficiently large to accommodate the proposed use without
the need for significant alteration or extension to the building,
Any works can be carried out without adversely affecting the character of the
building or its surroundings,
The design and materials used in any work will be sympathetic to the original
building,
The site is accessible by public transport.
The demolition of the wooden building and its replacement by the cattery building
will mean that there is no materially greater impact on the openness and character
of the Green Belt than the existing development at the site. In fact, overall, the
proposals will bring about a much needed rehabilitation of the site and improve its
visual impact on the character and appearance of the Green Belt and countryside in
the locality.
4.10 Policy GB5 also states that conversion to residential use will only be permitted
where the building and its location are not suited for employment generating
purposes. In this instance, a business is to be created in the L-shaped building with
employment for (including the owners) 6 people. Further, the residential
occupation of part of the L-shaped building by the owners and operators of the
business would utilise space already laid out for such a purpose, albeit as ancillary
accommodation to the adjoining dwelling, with only minor alterations such as a new
internal door and an additional window.
4.11 In this respect, and recognising the reference in Policy GB5 to the imposition of
conditions, my clients would be content with a condition on any planning permission
granted to restrict the residential occupation to them as named individuals and
solely in connection with the business operating at the site.
5.
Conclusions
5.1
I consider that the kennels and cattery are a viable business, serving the local
community in both providing a much needed facility and employment. The
proposals described here are consistent with all aspects of national planning
guidance and local development plan policy in so far as they relate to business
development and development in the Green Belt and countryside.
5.2
Taking all other matters into consideration, I consider that there are no grounds not
to allow the proposals.
David Brooks DipTP MRTPI
July 2010
David Brooks DipTP MRTPI
19 Quat Goose Lane, Swindon Village, Cheltenham, Gloucestershire, GL51 9RP
01242692552 07974649115 dbpd09@googlemail.com
David Brooks DipTP MRTPI
19 Quat Goose Lane, Swindon Village, Cheltenham, Gloucestershire, GL51 9RP
01242692552 07974649115 dbpd09@googlemail.com