Minutes:
The Executive Director for Growth, Enterprise and Environment summarised the officer report which had been pre-circulated.
Members sought questions of clarification around the following matters;
· How would we enforce condition 8?
· Disappointed that the nutrient neutrality scheme was not being provided on site;
· Where would the delivery of the private scheme off site take place?
· The building itself whilst constructed of wood was rather large;
· It was a two bed bungalow rather than a chalet;
· The wooden fence shown on the photographs was now a brick wall. Was that a breach and was it permitted?
· Can we monitor the use of the building if it were to be approved?
The objector present at the meeting made the following comments:-
· Object to the application on the grounds of planning policy;
· There was no justification for the building;
· Question whether it conformed with Policy SD3 of the Local Plan?
· As the chalet was for private use was the criteria met?
· It was a private holiday chalet and not for tourism use;
· The applicant had already been given planning permission for a day room in order to visit the site and check on the welfare of his ponies;
· It would appear that the applicant now wanted to live on the site;
· It was not temporary accommodation;
· The horses were for the applicant’s personal use;
· The applicant had chosen to keep horses away from where he lived;
· Condition 8 would mean that every site would be eligible for a holiday home;
· The building would be for residential use;
· There was no local or planning policy justification.
The agent present at the meeting made the following comments:-
· The boundary treatment was outside the applicant’s curtilage;
· The application was for a holiday chalet for private use;
· The applicant currently had 12 miniature ponies on the site;
· The applicant lived in Gateshead;
· The chalet would not be visible from Middlesbrough Road apart from the ridgeline.
· The applicant had no intention of residing in the area;
· The applicant had paid £5000 for offsite mitigation;
· The occupation would be controlled by condition and enforcement;
· Request approval with the conditions as set out and the mitigation measures.
Members questioned the agent on the following points:-
· Where would the nitrate credit scheme be provided?
· Where nitrate offset was to take place the details should be provided so that it could be recorded in the system.
Members debated the applicationand made the following comments:-
· We have been back and forth over the years with this site;
· Will it be just like a chalet.
Following the debate members resolved to grant Planning Permission subject to the following conditions:-
1.The development shall not be begun later than the expiration of THREE YEARS from the date of this permission.
REASON: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.
2.The development hereby permitted shall be carried out in accordance with the following approved plans:
Location plan; site plan; plans and elevations (TPS001b) received by the Local Planning Authority on 03/06/2024
Site Section View Plan (TOS002b) received by the Local Planning Authority on 03/06/2024
REASON: To accord with the terms of the planning application.
3.Prior to any development above damp proof course details of the external materials to be used in the carrying out of this permission (including samples) shall have first been submitted to, and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details.
REASON: To ensure that the appearance of the development would respect the site and the surroundings in accordance with policy SD4 of the Local Plan.
4.Prior to the construction of the final surface treatment, for any hard surfaced areas, details of the materials to be used shall have first been submitted to, and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details.
REASON: To ensure that the appearance of the development would respect the site and the surroundings in accordance with policy SD4 of the Local Plan.
5.The development hereby approved shall not be commenced until a detailed method of works statement has been submitted to and approved in writing by the Local Planning Authority. Such statement shall include at least the following details;
a) Routing of construction traffic, including signage where appropriate;
b) Arrangements for site compound and contractor parking;
c) Measures to prevent the egress of mud and other detritus onto the public highway;
d) A jointly undertaken dilapidation survey of the adjacent highway;
e) Program of works; and,
f) Details of any road/footpath closures as may be required.
The development must be carried out in accordance with the approved details.
REASON: To ensure that the development can be carried out in a manner that will not be to the detriment of amenity of local residents, free flow of traffic or safety of highway users having regard for Local Plan Policy.
REASON FOR PRE COMMENCEMENT: To ensure the construction details are agreed prior to any works starting on site.
6.Prior to the occupation of the holiday chalet hereby approved a final signed nutrient neutrality certificate shall be obtained and submitted to the Local Planning Authority in writing.
REASON: To ensure the development is nutrient neutral in accordance with the Conservation of Habitats and Species Regulations 2017.
7.The development shall not commence until a [Habitat Management and Monitoring Plan (the HMMP)], prepared in accordance with the approved Biodiversity Gain Plan and including:
(a) a non-technical summary;
(b) the roles and responsibilities of the people or organisation(s) delivering the [HMMP];
(c) the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan including a timetable for the agreed works;
(d) the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and
(e) the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority,
has been submitted to, and approved in writing by, the local planning authority. The development shall then be completed in accordance with the approved details.
REASON: For the avoidance of doubt and to secure the bio-diversity net gain requirements.
REASON FOR PRE-COMMENCEMENT: To ensure the net gain requirements are agreed and sought prior to the loss of the bi-diversity units on site.
8.The holiday chalet shall be used in conjunction with the horsiculture activity on the wider application site as outlined in blue on the Location plan; site plan; plans and elevations (TPS001b) received by the Local Planning Authority on 03/06/2024 and shall not be used or let as a separate / independent holiday chalet.
REASON: To accord with the terms of the planning application.
9.The development hereby approved must comply with the following requirements that:
(i) the accommodation shall be occupied for holiday purposes only
(ii) the accommodation shall not be occupied as a person's sole, or main place of residence
(iii) the owners/operators shall maintain an up-to-date register of the names of all owners/occupiers of the accommodation, and of their main
home addresses.
The owner/operator shall advise the Local Planning Authority of the Name and address of the holder of the records and shall make the
information on the register available at all reasonable times to the Local Planning Authority.
REASON: The approved holiday accommodation is outside development limits and in order to comply with the terms of the planning application. Holiday accommodation is in accordance with Local Plan Policy SD3
Supporting documents: