DONCASTER METROPOLITAN BOROUGH COUNCIL. PLANNING COMMITTEE - 31st May Expiry Date: Land Adjacent Gwenbridge Broomhouse Lane Balby Doncaster

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DONCASTER METROPOLITAN BOROUGH COUNCIL PLANNING COMMITTEE - 31st May 2016 4 Number: 15/02855/FUL Expiry Date: 25th January 2016 Type: Full Proposal Description: At: For: Erection of stables and store

1 DONCASTER METROPOLITAN BOROUGH COUNCIL PLANNING COMMITTEE - 31st May Number: 15/02855/FUL Expiry Date: 25th January 2016 Type: Full Proposal Description: At: For: Erection of stables and store on approx 0.15 ha of land (not built in accordance with 10/01255/FUL) (Retrospective) Land Adjacent Gwenbridge Broomhouse Lane Balby Doncaster Mrs L A Donkin Third Party Reps: 5 objections. Parish: Ward: Balby South Author of Report MAIN RECOMMENDATION: Donna Hunston GRANT

2 1.0 Reason for Report 1.1 This application is being presented to committee at the requested of a Local Ward Member and the level of public interest in the application. 2.0 Proposal and Background 2.1 The site is a field set between the A1M and an industrial estate on the south western edge of the settlement of Balby. The north, east and south boundaries which neighbour Broomhouse Lane and the motorway are defined by mature planting. Access to the site is off Broomhouse Lane past residential properties. The fields are enclosed on all sides excluding the entrance to the site, which has a gate leading to a further gate into the site. The stables constructed are to the northern edge of the site. 2.2 The application seeks retrospective planning permission for the erection of stables and store on approx 0.15 ha of land (not built in accordance with 10/01255/FUL) 2.3 The stables have been constructed and following an enforcement investigation it was established that these were not in accordance with the approved plan. 2.4 Furthermore it was found that within the site a day room, portable office and a caravan had been sited. 2.5 An enforcement notice was issued and following lengthy discussion with the land owner the unauthorised structures have now all been removed with the exception of the stables. 3.0 Relevant Planning History /01255/FUL Erection of stable block (20m x 6m overall) on approx 0.15 ha of land (being resubmission of application ref 10/00367/FUL withdrawn on ) Granted 15/09/ Representations 4.1 The application has been advertised by a site and neighbour notification. This is in accordance with The Town and Country Planning (Development Management Procedures) (England) Order 2010 (Part 2) (Article 13). 4.2 There have been 5 representations received objecting to the proposal. 4.3 The main points of objection raised relate to the various breaches of planning control on the site, including the erection of unauthorised buildings on the site, and misleading info within the submission. Reference is also made to restrictive covenants on the land, which is not a planning issue 5.0 Relevant Consultations 5.1 Ward Member Councillor Phil Cole has made comments that this site is the subject of multiple breaches of planning rules, including the construction of a residential dwelling,

3 a large area of hardstanding, high gates and a further set of gates along the unadopted lane, CCTV camera. Councillor Cole requested that the application should not be proceeding at all, until the enforcement notice has been complied with. 5.2 Parish Council does not object to the application if the stables are for private use. 5.3 National Grid no response. 5.4 Local Authority Health and Public Protection have made comments that the principle of a stable block development has already been established for this site with the planning approval from Therefore they have no objections to the amended design of the block itself, as it would not cause any additional issues when compared to the already approved design. 5.5 Local Authority Pollution Control no objections. 5.6 Environment Agency no response. 5.7 South Yorkshire Fire and Rescue no objections. 5.8 Local Planning Authority Highways Officer no objections. 5.9 Local Planning Authority Tree Officer no objections. 6.0 Relevant Policy and Strategic Context 6.1 National Planning Policy Framework Principal Planning Policy 1 Building a strong, competitive economy Principal Planning Policy 3 Supporting a prosperous rural economy Principal Planning Policy 9 Protecting Green Belt land 6.2 Doncaster Council's Core Strategy CS3 Countryside CS14 Design and Sustainable Construction 6.3 Saved Policies of the Doncaster Unitary Development Plan ENV3 Green Belt ENV7 Recreation and Leisure Developments 7.0 Planning Issues and Discussion 7.1 The main issue to be considered is whether the re-sited stable block is acceptable when compared to the originally approved scheme.

4 7.2 This application is the result of enforcement action taken on this site to clear unauthorised containers, other stables and a domesticated building, to regularise the situation on site. 7.3 The stables which are the subject of this application have been granted planning approval previously in 2010, however the footprint of the building was marginally different to that approved. The stables were deemed to be not in accordance with the approved plans and included within the enforcement notice served against the other unauthorised developments on the site. 7.4 The site is now clear of the unauthorised development, including the second stable block, containers and domesticated building following the serving of the enforcement notice. The re-siting of the stable block, being within a metre of the previously approved siting, would normally be considered to be de-minimis and raises no further planning issues. The granting of this planning application would merely regularise the development. 7.5 Whilst objections to the application have been received, raising a variety of issues, the only issue to be considered in the determination of this application is the revised siting of the stables over what has been previously been granted planning permission. Given that the siting is so minor in difference, it is considered that this application is acceptable. Other issues have dealt with under the enforcement regime. 8.0 Summary 8.1 The proposal for the retention of the stables in this location is felt to be acceptable. It is considered that the development as built does not impact on the amenities of the neighbouring properties as the stable is to be set away from the neighbouring property and the scale of the development is minor. 9.0 Recommendation 9.1 Planning Permission GRANTED subject to the following condition. 01. U46476 The development hereby permitted must be carried out and completed entirely in accordance with the terms of this permission and the details shown on the approved plans, amended plan drawing number A dated 24/02/2016 and specifications. REASON To ensure that the development is carried out in accordance with the application as approved. The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act The recommendation will not interfere with the applicant s and/or objector s right to respect for his private and family life, his home and his correspondence.

5 Appendix 1 Site/location plan including elevations and layout plan

CHESHIRE WEST AND CHESTER COUNCIL

Item No. 10 CHESHIRE WEST AND CHESTER COUNCIL Planning Committee 1 st April 2014 APPLICATION NUMBER: 13/05410/FUL DESCRIPTION OF DEVELOPMENT: Residential development of 17 affordable dwellings and associated