Agenda item

Change of use from agricultural land to residential curtilage.

Dovecote Farm  Sutterton Drove  Amber Hill  Boston PE20 3RF

Change of use from agricultural land to residential curtilage   

Dovecote Farm, Sutterton Drove, Amber Hill, Boston, PE20 3RF

Mr Johnson

The Development Manager presented the report to the committee tabling no updates to the report issued.

Representation was received from Mr Giles Crust speaking in objection which included:

Confirming he was speaking as an independant consultant, Mrs Crust advised that he had had two barns turned down by the Council under Class Q because they required new floors which were structural.  He confirmed he had been appointed to look at the bulding for an agricultural engineer to have one main bulding as a house and the rear udling has a workshop:  a structrual survey had been done and one also done under Class Q which showed severe cracks in the walls which required underpinning for foundations and as such it precluded it from Class Q develoment.   Members were advised that also excluded from Class Q development were extensions prior to the bulding being completed and that there had been a previous application at the site to extend the bulding which had been withdrawn on the advice of officers because an extension could not be built until the building had been built.  Domestic curtilage was permitted the same size as the building and extension of the curtilage was not permitted until the house was built.  Mr Crust referred members to a case called the ‘Hibbert Case’ which noted that such a dwelling had to be converted and not re-built.  If the barn could not be re-built under building regulations because of the cracking and need for under pinning then that area of land in the countryside would be granted residential curtilage with no house to it.   The subsequent application would be for a house on residential curtilege which was not what Class Q was for.    The application was premature and members were asked to refuse it for being so and then policy Class Q followed to the letter.

Representation was received from the agent Ms Mcintee which included:

The barn conversion would be converted into two.  The applicant would reside there with his wife; daughter, son-in-law, grandchild and mother so four generations would be housed on the site.  The issue of the site being structurally sound or not was irrelevant.  A structural report had been produced.  The neighbours had a vendetta against the applicant with a number a barriers being presented all the way through the application and they had now sent their consultant to continue objecting this time.  All the applicant wants to do is to live there and get on with their lives.  They had had a nightmare with the application when all they were seeking was a little more domestic garden than allowed under the Class Q which only permitted the footprint of the building.  Nobody else was affected, it was set to the back of the site and Ms McIntee questioned why the application had been taken through the committee as it was a common practice.  There was no reason to refuse the application.

It was moved by Councillor Jonathan Noble and seconded by Councillor Stephen Raven  that the application be granted in line with officers recommendation, subject to the conditions and reasons therein and the additional condition restricting implementation of the permission subject to completion of B 16 0211 and B 18 0112.

VOTE:     In Favour:  10.    Against:  0         Abstention:  1

RESOLVED:  That the application be granted in line with officer recommendation subject to the following conditions and reasons

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

Reason:  Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004.

2.            The development hereby permitted shall be carried out in strict accordance with the application received 17^th July 2018 and in accordance with the associated plans referenced: -

§  1/2 Site Location Plan (1:1250) drwg no. 401

§  2/2 Site Block Plan (1:200) drwg no. 402

Reason:  For the avoidance of doubt, in the interests of proper planning and to accord with the objectives of Local Plan Policy G1.

3.            Notwithstanding the submitted site plan, no development to implement this change of use hereby approved shall take place until full details of landscaping works have been submitted to and approved in writing by the Local Planning Authority. These details shall comprise a detailed specification of planting, hedging and Lincolnshire post and rail fencing.  The specification shall include details of species of plants, plant size/age, density of planting, method of planting including details of ground preparation.

Reason:  In the interests of visual amenity and in accordance with Section 197 of the 1990 Act which requires Local Planning Authorities to ensure, where appropriate, adequate provision is made for the preservation or planting of trees, and to ensure that the approved scheme is implemented satisfactorily and accords with the aims and objectives of saved adopted Local Plan Policy CO1 and G1.

4.    All landscape works shall be carried out in accordance with the approved details during the next available planting season following the implementation of the use or completion of development whichever is the sooner, unless agreed in writing with the Local Planning Authority.  Any trees or plants which within a period of 5 years from the date of planting die, are removed or become seriously damaged or diseased shall be replaced in the first available planting season with others of similar size species or quality, unless the local planning authority gives written consent to any variation.

Reason:  In the interests of visual amenity and in accordance with Section 197 of the 1990 Act which requires Local Planning Authorities to ensure, where appropriate, adequate provision is made for the preservation or planting of trees, and to ensure that the approved scheme is implemented satisfactorily.  The condition accords with aims and objectives of saved adopted Local Plan Policy CO1 and G1.

5.            Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification) no buildings whether permanent or temporary shall be constructed, or other structures shall be erected or hard surface provided on the application site.

Reason:  To ensure that this land is only utilised for garden and private open space in association with the converted barn (‘Dovecote Farm’) in accordance with the aims and objectives of Policy CO1 of the Boston Borough Local Plan.

6.        The permission hereby approved shall only be implemented if the

           development approved under application B/16/0211 or B/18/0112 are 

           completed.

          Reason:   In the interests of the amenity and character of the area and

          to ensure a residential curtilage is not created without an associated

          residential dwelling in accordance with Policy G1 and G2 of the Boston

          Borough Local Plan 1999.