report summary reference no - application ......recommendation grant planning permission subject to...

Planning Committee Report 22 July 2020

REPORT SUMMARY

REFERENCE NO - 20/01115/FULL

APPLICATION PROPOSAL

Removal of existing outbuilding; Conversion of agricultural barn C to residential use;

Conversion of part existing barn A to residential use; proposed alteration to existing stable

building B

ADDRESS Lower Church Farm Speldhurst Hill Speldhurst Tunbridge Wells Kent TN3 0NJ

RECOMMENDATION GRANT planning permission subject to conditions (please refer to

section 11.0 of the report for full recommendation)

SUMMARY OF REASONS FOR RECOMMENDATION

In the absence of a five year supply of housing, the housing supply policies (including those related to the Limits to Built Development (LBD) are “out-of-date”. Paragraph 11 and Footnote 7 of the National Planning Policy Framework (NPPF) requires that where relevant policies are out-of-date that permission for sustainable development should be granted unless specific policies in the NPPF indicate that development should be restricted (and all other material considerations are satisfied);

The proposal would result in the delivery of sustainable development and therefore, in accordance with Paragraph 11 of the NPPF, permission should be granted, subject to all other material considerations being satisfied. The proposal is considered to accord with the Development Plan and Local Policy in respect of these material considerations;

The number of residential units are considered to be appropriate to this site;

- The proposal would not adversely affect the appearance of the street scene or character of the rural area;

- The proposal would not cause significant harm to the residential amenities of nearby neighbouring properties;

- It is considered that the proposal would not result in a significant increase in on street parking pressures that would impact on highways safety;

The traffic movements generated by the development can be accommodated without detriment to highway safety and the proposal includes adequate car parking provision;

The buildings are capable of conversion and the development complies with Policy H13 of the Local Plan;

The development would not have a detrimental impact upon the openness of the Green Belt;

Other issues raised have been assessed and there are not any which would warrant refusal of the application or which cannot be satisfactorily controlled by condition.

INFORMATION ABOUT FINANCIAL BENEFITS OF PROPOSAL

The following are considered to be material to the application:

Contributions (to be secured through Section 106 legal agreement/unilateral undertaking): N/A

Net increase in numbers of jobs: N/A

Estimated average annual workplace salary spend in Borough through net increase in numbers of jobs: N/A

The following are not considered to be material to the application:

Estimated annual council tax benefit for Borough: £357.52

Estimated annual council tax benefit total: £3,609.06


Annual New Homes Bonus (for first year): £2000.00

Estimated annual business rates benefits for Borough: N/A

REASON FOR REFERRAL TO COMMITTEE

The application has been called into the planning committee by Councillor Willis for the

following reasons:

Material planning considerations: For further consideration due to the impact of the

development in regards to the impact upon the Green Belt, AONB and countryside, the impact

upon highway safety and the future precedent such a development may set in the locality.

Reasons that warrant discussion at Committee: Important that the determination of the

application be undertaken by Committee given the particular nature of the site and area.

WARD Speldhurst &

Bidborough

PARISH/TOWN COUNCIL

Speldhurst Parish Council

APPLICANT Mr And Mrs M

Meadow-Smith

AGENT Mr Alan Madgwick

DECISION DUE DATE

02/07/20

PUBLICITY EXPIRY DATE

17/06/20

OFFICER SITE VISIT DATE

27/05/20

RELEVANT PLANNING HISTORY (including appeals and relevant history on adjoining

sites):

Application No. Proposal Decision Date

12/03161/FUL Retrospective: Mobile wooden stable Approved 04/01/13

10/01201/FUL Variation of Condition 1 of TW/03/00200 - to

allow either agricultural or livery activities

Approved 09/06/10

09/02709/CPD Lawful Development Certificate (Proposed):

Compliance with condition of agricultural

occupancy

Refused 28/10/09

07/03932/CPD Lawful development certificate - Proposed -

Proposed equine and agricultural enterprises

to be run from Lower Church Farm in order to

comply with the occupancy condition

Approved 04/01/08

06/03220/CPD Lawful Development Certificate (proposed):

Proposed farm plan for agricultural and livery

use (condition 10 of TW/90/00716 as varied

by condition 1 of TW/03/00200 refers)

Planning

Permission

Required

01/12/06

05/02371/FUL Removal of agricultural restriction condition

(TW/90/00716 refers)

Refused 21/11/05

05/01949/FUL Removal of agricultural restriction condition

(TW/90/0716 refers)

Not Proceeded

With

07/09/05

03/01866/FUL Relocation of sand school from site originally

approved by TW/99/01283

Approved 01/10/03

03/00200/FUL Variation of Condtion 10 - to include

equestrian activities (TW/90/00716 refers)

Approved 28/05/03

03/00195/FUL New chicken house for 600 chickens to

replace previously approved (TW/99/01283

refers) in neighbouring field

Approved 21/03/03

02/02071/FUL Car port, wood store and workshop Refused 24/10/02

02/01835/FUL Conversion of existing barn to dwelling with Refused 24/10/02


residential curtilage/garden area.

01/01228/FUL Renewal of consent (TW/98/00985 refers)

stabling for up to 8 horses as a dual use in

agricultural building.

Approved 16/04/03

01/00323/FUL Removal of condition 10 of TW/90/0716 -

Agricultural occupation.

Refused 20/11/01

99/01846/AGRIC Article 3 submission – greenhouse Prior Approval

Not Required

29/10/99

99/01283/FUL Change of use of part of land to sandschool

& erection of a chicken house for 600

chickens and a conservatory

Approved 01/12/99

98/00985/FUL Renewal of consent (TW/95/0239 refers) -

stabling for up to 8 horses as a dual use in

agricultural building

Approved 15/03/99

98/00841/FUL Addition of dormer windows to front and rear

of roof and the erection of a porch

Approved 30/12/98

95/00239/FUL Temporary stabling for up to 8 horses and

dual use in agricultural building

Approved 20/06/95

90/01660/REM Reserved Matters - Agricultural dwelling Approved 15/02/91

90/00716/OUT Outline (means of access not reserved) -

Agricultural dwelling

Approved 21/09/90

88/01412/FUL Retrospective - Mobile home for agricultural

worker

Approved 27/10/88

RELEVANT ENFORCEMENT HISTORY

12/00324/BREACH Use of stables Closed (No

Breach)

10/08/12

12/00107/BREACH Breach of condition TW/95/00239 refers Closed (No

Breach)

28/03/12

09/00534/UNAUTH Unauthorised development Closed (No

Further Action)

22/09/09

08/00391/OTHERS Agricultural occupancy Condition 10 of

TW/90/00716

Closed (No

Breach)

02/10/08

07/00149 Check for compliance of conditions

TW/03/00200

Closed (No

Breach)

15/03/07

05/00017/CHANGE Egg production ceased, Check for

compliance of agricultural occupancy

condition.

Closed (No

Breach)

24/05//05

MAIN REPORT 1.0 DESCRIPTION OF SITE 1.01 The application site forms part of livery located to the north of Speldhurst Hill and

north east of Barden Road in the Speldhurst Parish of the Borough. The site comprises of three Barns (listed as Barns A, B and C on the plans provided), an outbuilding and a dwelling, which falls outside of the red outline. The majority of Barn A is also shown outside of the red outline with only a section of the northern part


included within the red outline. The part of Barn A shown outside of the application site is partially used for the storage of agricultural/livery machinery and tools as well as partly for domestic storage, the remainder of the barn is current open space. Barn B is in use as stables and Barn C is used partly as informal tack room, storage of hay and some domestic storage.

1.02 Barn A is located towards the west of the site and access track and fronts towards

the east. It is a rectangular shaped building largely finished in black horizontal timber cladding with cement roof sheeting. It has a pitched roof with gable ends. The northern part of the structure, which falls within the application site, is enclosed and has three openings/access points, two on the east facing elevation, one being a timber garage style door opening and the other a single doorway opening along with an additional access/opening on the side elevation. Internally this part of the barn comprises a garage and toilet and shower room to the front with a bedroom and storage space to the rear. Side windows are also present which serve the toilet and shower room and bedroom. The remainder and southern part of the Barn, which falls outside of the red outline, is an open space used for storage which has a relatively large central opening on the east facing elevation.

1.03 Barn B is located to the immediate east of the access track and relatively centrally

within the site. It is a rectangular shaped building with a slanted roof which is at its highest towards the west and slopes downwards towards the east of the building. This barn is largely finished in black horizontal timber cladding and white render. The building comprises 8 stables and a tack room at one end of the structure. Each of the stables has its own access with three accessed from the north east facing elevation, three from the south west facing elevation and two from the south facing elevation. A small single storey outbuilding is also located adjacent to the south elevation of this Barn.

1.04 Barn C is located further to the east of the site and the rear of Barn B. It is a

rectangular shaped building made up of concrete blocks with roof sheeting. It has a pitched roof with gable ends. The building is split into two sections internally and used for storage. The southern section of the barn comprises the largest of the spaces and has openings on the south and west elevations. The northern part is partially divided into two parts with the rear (east) part being accessed from a smaller section located to the front (west). This part of the barn is accessed via an opening on the west facing elevation. To the north and adjacent this barn lies a relatively small timber stables block which fronts to the north.

1.05 An application was submitted to convert this barn (C) into a dwelling in 2002 under

02/01835/FUL. This application was refused on the following grounds:

(1) The building is considered not to be worthy of conversion, in that it is not in keeping with its surroundings and the proposal would result in extensive alterations to the existing building, contrary to Policy H15 of the Tunbridge Wells Borough Local Plan Adopted 1996 and Policy H14 of the Tunbridge Wells Borough Local Plan Review Second Deposit Copy, October 2002. (2)The building would be located in close proximity to the existing stable block to the immediate west, which would be detrimental to the living conditions of future occupiers of the proposed dwelling, contrary to Policy ENI of the Tunbridge Wells Borough Local Plan Review Second Deposit Copy, October 2002 and the advice set out in Planning Policy Guidance Note 3 - Housing 2000.


(3) The proposal would result in the loss of an agricultural building which would reduce and restrict the potential of the agricultural holding and associated dwelling to which it relates, contrary to Policy H16 of the Tunbridge Wells Borough Local Plan Adopted 1996, Policy Hl0 of the Tunbridge Wells Borough Local Plan Review Second Deposit Copy, October 2002 and the advice set out in Annex I of Planning Policy Guidance Note 7 - The Countryside: Environmental Quality and Economic and Social Development 1997. (4) The existing building is not of substantial construction and is incapable of conversion without extensive alteration and partial re-construction and the proposal is therefore inappropriate development in the Metropolitan Green Belt, contrary to Policy MGB3 and RS5 of the Kent Structure Plan 1996, Policy MGBI of the Tunbridge Wells Borough Local Plan Adopted 1996, Policy MGBI of the Tunbridge Wells Borough Local Plan Review Second Deposit Copy, October 2002 and the advice set out in Planning Policy Guidance Note 2 - Green Belts 1995. (5) The design of the proposed dwelling would be harmful to the character and appearance of the countryside, contrary to policies EN1 and EN23 of the Tunbridge Wells Borough Local Plan Adopted 1996 and policies EN1 and EN24 of the Tunbridge Wells Borough Local Plan Review 2" Deposit copy October 2002.

1.06 To the north of the barns lies the dwelling of Lower Church Farm, which falls outside

of the red outline, this property was originally approved as an Agricultural Workers Dwelling with an Agricultural Occupancy Condition, however following consent received in 2010 (10/01201/FUL) it is now understood to be used for occupation by the operators of the livery.

1.07 The site is accessed from a private track off from Barden Road in close proximity to

the junction where Barden Road meets Speldhurst Hill. The access track runs through the site and also serves a small number of residential properties located closer to the access point to the road along with a sewage works, which is accessed via the application site, and situated further along the track. The land level of the site slopes towards the west of the site. The west boundary of the site is marked with planting whereas the remainder of the boundaries are largely open or marked by post and rail fencing.

1.08 The site is located in a rural area, but with built form in close proximity. To the north

and east of the site lies undeveloped agricultural and grazing land. To the west lies the cul de sac of Cobhams which comprises detached dwellings where a small number of properties back onto the application site. To the south lies a small number of residential properties which are accessed from the same private track as the application site. The site is within a back land location and does not form part of the street scene of Speldhurst Hill or Barden Road.

1.09 The site forms part of an Historic Farmstead and is located Outside of the Limits to

Built Development (LBD) where the LBD boundary for Speldhurst is located immediately to the west of the site. The site falls within the Metropolitan Greenbelt and an Area of Outstanding Natural Beauty (AONB). The sites access point and track from Speldhurst Hill which serves the site partly falls within the Speldhurst Conservation Area and an area of Potential Archaeological Importance. Lower Church Farmhouse located approximately 70m to the south of the site is Grade II listed. Both Speldhurst Hill and Barden Road are designated Rural Lanes.


2.0 PROPOSAL 2.01 The application seeks full planning permission for works to all three barns. The

northern part of Barn A is to proposed to be converted into a on a one bedroom flat, Barn B is proposed to be slightly altered but remain in the same use as stabling and Barn C is proposed to be converted into a three bedroom dwelling. No alterations are proposed to the sites access arrangements from Barden Road.

2.02 The southern part of Barn A, which falls outside of the red outline, is not proposed to

be altered where the northern part is proposed to be largely converted into a one bedroom flat. The existing toilet at the front of this section of this barn would be retained as a visitor’s toilet. The proposed apartment would be accessed from the side elevation and lead into an entrance way where to the rear would lie the bedroom and kitchen and to the front a living room and bathroom would be situated. Externally the existing timber garage doors would be replaced with a window to serve the living room space, a new rear window is proposed to serve the bedroom and a new doorway is proposed to the rear leading out from the proposed kitchen. The window located on the side elevation furthest to the rear of the building is proposed to be reduced in size and where there is presently painted render on the front facing elevation it is proposed to be replaced with horizontal cladding to match the existing cladding on the barn. No extensions are proposed to increase the size of the barn. An allocated parking space to serve this unit is proposed opposite within the existing parking area at the site.

2.03 Barn B is proposed to remain as stables but internal and external alterations are

proposed. Externally the three openings on the north east facing elevation are proposed to be closed with brickwork and include a louvred window to provide light and ventilation. Also on this elevation the infilling of a gap between wall and roof is proposed with timber boarding. On the south west facing elevation two louvred windows are proposed along with the removal of a door and canopy and the installation of a new stable door. On the north facing elevation two louvred windows are proposed and the south facing elevation is to remain unaltered. No extensions are proposed to this barn. Internally the building is to retain 8 stables but in alternative layout that would result in the loss of the tack room and instead the creation of an open space accessible from the sites access track and yard. New internal openings and doorways are proposed to allow for access to all of the stables. The barn would maintain 8 stables as existing.

2.04 Barn C is proposed to be converted into a single dwelling. No extensions are

proposed to increase the size or footprint of the existing building. A garden is proposed to the east and immediate north of the building and an area of landscaping is proposed further to the north beyond the proposed garden. An existing outbuilding is proposed to be removed to the immediate south of Barn B and a driveway is proposed to run adjacent to the sites southern boundary leading to a parking area to serve this proposed property where two parking spaces and a turning area are proposed. The boundaries of the garden are proposed to be marked with post and rail fencing and planting in the form of hedging.

2.05 To the north and adjacent to Barn C lies a relatively small timber stables block which

is proposed to be removed. The Barn is formed from precast concrete portal frames with a concrete slab base over the complete area of the building. The proposal is to fill in the current openings in the building, clad the structure in vertical boarding and insert a metal roof cladding with vertical roll jointing (to simulate lead).


2.06 The proposed unit would be accessed from the south east elevation where it would lead into an entrance way with a utility room off to one side and a toilet off to the other side. This entrance way would then lead into an open plan living/kitchen/dining area with a cupboard in the north east corner. This area is proposed to be double height in space with stairs leading up to a proposed mezzanine level at the north west end of the property. At ground floor level the north west end of the property is proposed to comprise three bedrooms and a study. Two of the bedrooms are proposed to have en-suite bathrooms and a separate shower/bathroom is also proposed. The mezzanine level is proposed to comprise a sitting area and additional bedroom with en-suite bathroom and storage space in the roof slopes.

2.07 The south east elevation is proposed to have a central full height window with two

small windows either side at ground floor level serving the proposed utility and toilet. On the south west facing elevation that would look towards Barn B (stables block) windows are proposed at ground floor level to serve the kitchen and dining areas, with a door opening, the study and an en-suite bathroom. The north west elevation is proposed to have a window serving a bedroom. The north east facing elevation which would face towards the rear and garden of the site is proposed to have a six panelled window and opening serving the open living space which leads onto a proposed terrace along with windows serving two bedrooms and an en-suite bathroom. The windows and doors are proposed to be colour coated aluminium and double glazed.

2.08 Amended plans have been received during the application process slightly altering

the internal layout and fenestration of Barn C. 3.0 SUMMARY INFORMATION

Existing Proposed Change (+/-)

Land use(s) Agricultural/Livery Residential/Agricultural/Livery

No. of storeys Barn A: 1

Barn B: 1

Barn C: 1

Barn A: 1

Barn B: 1

Barn C: 2 (including a

mezzanine level)

Barn A: -

Barn B: -

Barn C: +1

(mezzanine

level)

Max height Barn A: 5.1m

Barn B: 3.9m

Barn C: 5.4m

Barn A: 5.1m

Barn B: 3.9m

Barn C: 5.4m

-

Max eaves height Barn A: 3.7m

Barn B: 2.7m

Barn C: 3.3m

Barn A: 3.7m

Barn B: 2.7m

Barn C: 3.3m

-

Max width Barn A: 24.5m*

Barn B: 18.3m

Barn C: 18.6m

Barn A: 24.5m*

Barn B: 18.3m

Barn C: 18.6m

-

Max depth Barn A: 9.2m

Barn B: 9.1m

Barn C: 9.2m

Barn A: 9.2m

Barn B: 9.1m

Barn C: 9.2m

-

No. of residential units 0 2 +2

No. of bedrooms 0 Barn A: 1

Barn B: N/A

Barn C: 4

+5 (total)

Car parking spaces Approx 6 Approx 8 +2 (creation of


parking area to

serve Barn C)

*The width of the whole barn including the parts which fall outside of the red outline. The width of the part within the red outline and proposed to be converted into a one bedroom flat is 6.3m for both existing and proposed. Outbuilding to be removed (located to the south of Barn B)

Existing

No. of storeys 1

Max height 2.0m

Max width 5.6m

Max depth 3.3m

4.0 PLANNING CONSTRAINTS

- Outside the Limits to Built Development (LBD) – The site is located outside of the LBD of Speldhurst where the LBD lies immediately to the west of the application site. The sites access point from Barden Road falls Inside the LBD.

- Area of Outstanding Natural Beauty AONB (statutory protection in order to conserve and enhance the natural beauty of their landscapes - National Parks and Access to the Countryside Act of 1949 & Countryside and Rights of Way Act, 2000) - designation affects the entire site.

- Metropolitan Green Belt MGB1 – designation affects the entire site. - Agricultural Land Classification Grade 4 - Speldhurst Conservation Area – Part of the sites entrance track falls within the

Conservation Area, however none of the buildings and works fall within this designated area.

Grade II Listed Building - Lower Church Farmhouse located approximately 70m to the south of the site.

Historic Farmstead – The site forms part of an Historic Farmstead.

Agricultural Occupancy Condition – Farmhouse to the north of the application site, shown within the blue outline.

Potentially Contaminated Land + 50M Buffer

Important Landscape Approach - EN23 – Speldhurst Hill, to the south of the site.

Potential Archaeological Importance – Sites entrance point from Barden Road only.

Ashdown Forest 15 Km Habitat Regulation Assessment Zone

Rural Lanes – Speldhurst Hill and Barden Road

Public Right of Way (WT67) – Approximately 135m to the east of the site. 5.0 POLICY AND OTHER CONSIDERATIONS

The National Planning Policy Framework (NPPF) 2019 National Planning Practice Guidance (NPPG) Tunbridge Wells Borough Core Strategy (CS) 2010: Core Policy 1: Delivery of Development Core Policy 2: Green Belt Core Policy 3: Transport Infrastructure Core Policy 4: Environment Core Policy 5: Sustainable Design and Construction Core Policy 6: Housing Provision Core Policy 14: Development in the Villages and Rural Areas


Tunbridge Wells Borough Local Plan (LP) 2006: Policy MGB1: Metropolitan Green Belt Policy LBD1: Development Outside the Limits to Built Development Policy EN1: General Development Control Criteria Policy EN5: Development within, or affecting the character of, a Conservation Area Policy EN8: Outdoor Lighting Policy EN10: Archaeological Sites Policy EN16: Protection of Groundwater and Other Watercourses Policy EN25: Development Control Criteria for all Development Proposals affecting the Rural Landscape Policy H13: Conversion of Rural Buildings to Residential Use Outside the Limits To Built Development Policy TP4: Access to the Road Network Policy TP5: Vehicle Parking Standards

Supplementary Planning Documents: Landscape Character Area Assessment: Speldhurst Wooded Farmland Speldhurst Conservation Area Appraisal Renewable Energy SPD Rural Lanes SPD Farmsteads SPD Other documents: Kent Design Guide Review: Interim Guidance Note 3 (Residential parking); High Weald AONB Management Plan Green Belt Study 2017

6.0 LOCAL REPRESENTATIONS 6.01 Site notices were displayed on the 27th May 2020 at two locations surrounding the

site. 6.02 21 responses to the proposal have been received raising the following (summarised)

concerns and objections:

Traffic down this small lane is currently beyond capacity.

The lane is already used by people visiting their horses, several people living at Lower Church Farm, lorries going to the sewage works, South East Water vans and five other properties situated along the lane.

The junction of the lane with Barden road is directly on the corner with Speldhurst Hill. It is a very busy junction especially at peak times, and dangerous for traffic entering and egressing the lane to Lower Church farm. Any further increase in traffic will make danger levels significantly higher than they are presently.

Contrary to AONB policy.

Appears that the existing barn/barns were not granted a planning consent; therefore it is not lawful to develop or extend them.

There has already been a refusal to grant a permission to convert a barn into a dwelling at Lower Church Farm (02/01835/FUL).

There are 8 stables shown in the plans for development. This is the maximum allowable under the original consent (01/01228/FUL).

There is presently an additional wooden stable block on "skids" which houses two more stables.

This was meant to be a portable structure which is periodically re-located (outside general planning rules). However, it is located in a permanent position and has been


in this position for several years. The number of stables will therefore increase to ten under the development proposals and be ultra vires with the earlier permission granted.

The present farm dwelling has an agricultural consent for occupation by a farm worker and family. This has been objected to several times, in past years and Tunbridge wells council have, several times refused to remove the agricultural restriction. It does not make any sense therefore to grant a new dwelling consent with no restrictions.

If this consent is given approval, then it could set a precedent for removing the agricultural restriction on the present farm dwelling.

The access lane shown on the layout drawings is inaccurate in scale. It is not as wide as shown on the plan, and it is not in compliance with the actual width shown by ordinance survey plans from the HM land registry.

These buildings have asbestos roofs making them totally unsuitable for potential residential use and close to existing residential properties to be a potential safety hazard.

This application is against all planning regulations and should be rejected.

Surely the barns would fall under the same agricultural restriction as the main house.

It is almost impossible for pedestrians to cross from the footpath on Speldhurst Hill to Barden Road without being hit by traffic coming round the blind bend.

Any extra traffic from the third junction with Lower Church Farm would be detrimental to highway and pedestrian safety.

Conversion of one of the existing barns (Barn C) in the attached plans will remove this from its current use as a storage facility for the agricultural activity currently undertaken. Removing this building from its current agricultural use will further jeopardise the ability to generate sufficient income for the occupants of the dwelling subject to the AOC.

National Planning Policy Framework (para 87) states that "preference should be given to accessible sites...." it is suggested that this site is not easily accessible neither from the highway nor along the lane itself.

It should be obvious to the Planning Department that should this application be upheld, a further application to remove the AOC condition would be submitted due to limited commercial viability.

The Environmental Report was done during February. It is not surprising that there was little evidence of birdlife, newts and bats at this time of year.

It is important to remember that residential buildings come with inevitable associated development such as garages, sheds, fencing, parking places, garden furniture, trampolines etc. with no power to influence what form it will take. This plot can be seen clearly from the footpaths on opposite side of the valley and around the adjacent fields. These will have a detrimental effect on this beautiful valley.

Emergency vehicle access.

Draft Local Plan policies should be taken into consideration.

There is a lack of justification for the conversions.

The proposal will have a detrimental impact on livery business and AOC attached to Lower Church Farm.

Harmful to openness of Green Belt.

Fails to meet AONB Management Plan objectives. 6.03 1 response to the proposal has been received in support of the application. 7.0 CONSULTATIONS

Speldhurst Parish Council 7.01 (12/06/20) Object to the proposal by reason of the alternations to Barns A and C and

the associated parking/access/garden areas which would result in an urbanising


development that would be harmful to the rural character of the existing building and to the wider countryside. It would also lead to light pollution creating lighting disturbance to protected species. Concerned about the loss of active agricultural buildings that supports the agricultural condition on the existing residential property. A loss of the buildings may result in additional structures with further impact on the openness of the AONB. If Barn A is converted it should have an AOC applied. We are concerned that the development will result in additional traffic ingressing and egressing onto an already dangerous junction at Barden Road/Speldhurst Hill. Please note the considerable local opposition to this development.

KCC Highways

7.02 (29/05/20) It would appear that this development proposal does not meet the criteria to warrant involvement from the Highway Authority in accordance with the current consultation protocol arrangements.

However KCC have been contacted by an objector to the scheme and further to the LPAs request KCC Highways would offer the following informal comments: Access is taken from a private lane which adjoins Speldhurst Hill very close to the junction with Barden Road. This is a difficult arrangement on the bend and very close to the junction where visibility is limited with awkward gradients. However, the highway impact needs to be considered in terms likely intensification of use of the access. The proposals involve conversion of existing agricultural buildings which themselves may generate traffic including larger farm vehicles and one of which is already in use as a flat. Furthermore the lane is already in use as a shared drive and serves the farm including livery, and the sewage works, as well as a number of existing residential units. Therefore taking all of this into account the highway authority would not expect to sustain an objection to the proposals at appeal.

Kent Fire and Rescue

7.03 (22/06/20) Kent Fire and Rescue can confirm that on this occasion it is their opinion that the off-site access requirements of the Fire & Rescue Service have been met.

Environmental Protection

7.04 (04/06/20) Due to the site being located within an agricultural area, it is likely that evidence of contaminated land may be encountered during the development process. Request a condition outlining that works shall cease in the event of potential contamination being encountered to protect the health and welfare of those working on site.

In regard to air quality, the site does not appear to fall within one of our Air Quality Management Areas (AQMA) which suggests that there are not elevated levels of poor air quality along Speldhurst Hill. That being said, an Air Quality Assessment would be useful to determine the air quality levels on site due to the scale of the development and the on going traffic issues. In addition, this proposal requires a report outlining all measures to be taken to deal with the emission of dust, odours or vapours arising from site prior to works being carried out. This will in turn, decrease the likelihood of dust complaints during the development process.


Furthermore, hours of work on site as well as the installation of external lighting to minimise any noise or light nuisances that may be inflicted on neighbouring properties should be controlled and restricted. No objection; subject to conditions.

TWBC Client Services

7.05 (31/05/20) Bins for these conversions will require the developer or their client to purchase the bins for the properties prior to them being sold or occupied.

TWBC Conservation Officer

7.06 (26/05/20) The proposed alterations to the three modern buildings would maintain the rural character of this part of the setting of the Conservation Area, as the proposed materials and facade treatments are not domestic The only concern would be the 'stained' timber cladding appearance, as some of the wood stain colours can be incongruous and very noticeable in rural settings. This could, however, form a condition. The success of maintaining the rural character will also depend on the boundary treatments and surfacing, which is understood that the applicant has requested to form conditions. Subject to these details, the proposed works will sustain the significance of the Conservation Area, and the nearby listed building and farmstead which sit within it and form part of the villages rural edge.

TWBC Landscape and Biodiversity Officer

7.07 (19/06/20, verbal comments) The scoping survey submitted has been prepared by a professional to an appropriate methodology. Raise no objection to the findings and suggest that the recommendations set out are conditioned. Raise no objection upon the developments impact upon the AONB.

Rural Planning Limited

7.08 (26/06/20) Without amelioration, the loss of storage in the relatively spacious barn “C” (about 18m x 9m) could clearly impact on the functionality of the agricultural or equestrian activity here. It is also unclear as to how practical the residential conversion would prove, being so close to the stable building B. Due to incompatibility of the separate livery/residential uses, there could be a knock-on effect that meant the stabling would have to cease in that building. Such changes could certainly threaten the relevance of the Occupancy Condition unless alternative new building plans were drawn up and were acceptable to the Planning Authority.

8.0 APPLICANT’S SUPPORTING COMMENTS 8.01 Following Pre-Application Advice received on 23rd October, 2019 under reference

19/02256/PAMEET the proposals have been amended to reflect the comments raised by the Case Officer and we hope therefore that you will take the view that sufficient information has been submitted and your concerns have been addressed or overcome and you will now be in a position to grant Planning Consent.

9.0 BACKGROUND PAPERS AND PLANS

3237 - 01 B - Barn A - Existing Plans and Elevations 3237 - 02 B - Barn B - Existing Plans and Elevations 3237 - 03 B - Barn C - Existing Plans and Elevations 3237 - 04 C - Existing Site Location Plan and Site Plan 3237 - 10 - Existing Outbuilding Protected Species Scoping Survey Design and Access Statement Including Heritage Statement


Structural Assessment 3237 - 05 B - Barn A - Proposed Plans and Elevation and Proposed Site Plan 3237 - 07 E - Barn C - Proposed Plans and Elevations 3237 - 08 E - Proposed Site Location Plan and Site Plan 3237 - 09 B - Barn B - Proposed Plans and Elevations

10.0 APPRAISAL Principle of Development

Housing Land Supply situation 10.01 The site lies outside of the limits to built development (LBD), within the countryside in

an Area of Outstanding Natural Beauty (AONB) and an area designated as Metropolitan Green Belt (MGB) where there is a general presumption against development. Policy LBD1 states that outside the LBD development will only be permitted where it would be in accordance with all relevant local plan policies.

10.02 Paragraph 73 of the NPPF requires the Council to identify and update annually a

supply of specific deliverable sites sufficient to provide a minimum of five years’ worth of housing against their housing requirement set out in adopted strategic policies, or against their local housing need where the strategic policies are more than five years old. The Council has identified that it can currently demonstrate a housing land supply of 4.69 years. Therefore the Council considers that it cannot demonstrate a five year housing land supply.

10.03 Where a Local Planning Authority cannot demonstrate a five year housing supply,

Paragraph 11 (d) of the NPPF is engaged. This states that where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date, permission should be granted unless:

“i. the application of policies in this Framework (listed in footnote 6) that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.”

10.04 Footnote 7 to the NPPF states that this includes (for applications involving the

provision of housing) situations where the LPA cannot demonstrate a five year supply of deliverable housing sites with the appropriate buffer, as set out in paragraph 73. Footnote 6 includes AONBs.

10.05 Therefore the relevant test is whether or not the proposal would represent a

sustainable form of development, having regard to local planning policies and the NPPF, and particularly whether specific NPPF policies within Paragraph 11 and Footnote 7 indicate this development should be restricted.

10.06 NPPF Paragraph 79 says that new isolated homes in the countryside should be avoided, unless there are very special circumstances. Given presence of other dwellings around the site and along the access track, this site is not considered to be ‘isolated’. Green Belt

10.07 The site is located within the Green Belt where Paragraph 143 of the NPPF states that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in ‘very special circumstances’. Paragraph 144 requires


LPAs to give substantial weight to any harm to the Green Belt when determining planning applications. ‘Very special circumstances’ will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the proposal, is clearly outweighed by other considerations.

10.08 Paragraph 145 of the NPPF sets out that the construction of new buildings as

inappropriate in the Green Belt is inappropriate. However, exceptions to this include extension or alteration of a building provided that it does not result in disproportionate additions over and above the size of the original building.

10.09 Paragraph146 goes onto state that the re-use of buildings (provided that the

buildings are of permanent and substantial construction) is ‘not inappropriate’ within the Green Belt provided the proposal preserves the openness of the Green Belt and does not conflict with the purposes of including land in the Green Belt.

10.10 “Openness” is the absence of development such as buildings and hard surfacing, but

also relates to the extent of development and its physical effect on the site, there is a spatial effect as well as a visual effect. The lack of visibility does not directly relate to openness.

10.11 Policy MGB1 (3) of the Local Plan allows the re-use of buildings in the Green Belt

provided the proposal is in accordance with Local Plan Policy H13 (for residential conversions) and that any associated uses of land around the building do not conflict with the openness of the Green Belt and the purposes of including land within it. CP2 of the Core Strategy echoes this.

10.12 Therefor the principle of the proposed works is acceptable in the Green Belt provided

its openness is preserved.

Impact on the wider landscape, AONB and design 10.13 At Development Plan level, protection of the AONB is addressed in Core Policy 4 (1)

of the CS which seeks to conserve and enhance it in accordance with national policy (see below). Core Policy 6 (6) stresses that a policy of restraint will operate in order to maintain the landscape character and quality of the countryside. Core Policy 14 (6) emphasises that the countryside should be protected for its own sake; (7) also stresses that the interrelationship between the built and natural features of the landscape will be preserved, enhanced and where necessary restored.

10.14 Paragraph 172 the NPPF states that ‘great weight’ should be given to conserving or

enhancing landscape and scenic beauty in AONBs, with their status equal to that of a national park. AONBs have the highest status of protection in relation to landscape and scenic beauty.

10.15 Local Plan Policy EN25 sets out the criteria that development outside the LBD is

required to satisfy; including that the proposal has a minimal impact on the landscape character of the area and would respect the architectural and historic integrity of any nearby listed buildings.

10.16 The site falls within Local Character Area 5 - Speldhurst Wooded Farmland of the

Boroughs Landscape Character Area Assessment. This area is summarised as ‘A topographically distinct landscape of high ridges intersected by a complex network of valleys and steep sided ghylls extending west from Royal Tunbridge Wells. The landscape is distinguished by weathered outcrops of sandstone, lush, deep ravine woodlands, sunken lanes running between high banks of sandstone, beech and holly


hedgerows, Commons which permeate into the centre of Royal Tunbridge Wells and an important swathe of remnant unimproved pasture.’

10.17 Landscape and AONB impact will be addressed within following paragraphs.

Assessment against Policy H13 (Barns A and C) and Visual Impact 10.18 Policy H13 of the Local Plan supports the residential use of a building whose bulk,

form, general design, materials and scale is in keeping with its surroundings. Whilst the building proposed for conversion is not particularly attractive, the policy wording within H13 does not exclude buildings on aesthetic grounds. The subject building does not necessarily have a positive impact on the landscape, but is considered to have settled in to the landscape over time and is typical of the type of building found in the area, generally in keeping with its rural, agricultural surroundings.

10.19 Policy H13 of the Local Plan relates to the conversion of rural buildings to residential

use. The policy states: Outside of the Limits to Built Development the change of use or conversion to residential use of a building whose loss would be detrimental to the character of the countryside, or a building whose form, bulk, general design, materials and scale is in keeping with its surroundings, will only be permitted provided all of the following criteria are satisfied: 1. The building would be capable of conversion without extensive alteration or rebuilding and/or extension; 2. The conversion can be achieved without detrimental effect on the building’s fabric or character; 3. The creation of a residential curtilage, access and car parking facilities could be achieved without harm to the character of the countryside; 4. The Local Planning Authority is satisfied that, in the case of a recently constructed building, there was a genuine agricultural justification for the erection of the building originally; 5. Re-use of the building for economic development purposes would be inappropriate by reason of its location or its scale or design; and 6. The conversion would meet an identified local need for housing which does not conflict with a need to retain local employment opportunities, and is in a location that has good accessibility to a range of services in a nearby settlement.

10.20 Permitted Development (PD) rights now allow in certain circumstances a change of

use of an agricultural building (and any land within its curtilage) to a residential use, along with the building operations reasonably necessary for the conversion. Land designated as Article 2 (3) land in the legislation (such as the AONB) is excluded from these PD rights, meaning that the barn buildings at this site would not benefit from them. As such they are given limited weight in the consideration of this application.

10.21 Criteria 1 & 2 of H13 require that the building would be capable of conversion without

extensive alteration or rebuilding and/or extension; and that the conversion can be achieved without detrimental effect on the fabric or character. This issue is important because Criterion 1 only allows the conversion of a building to residential use if it can be undertaken without significant alteration or rebuilding and/or extension. Criterion 2 states the development can only take place if it would not have detrimental effect on the building’s fabric or character. If a building was incapable of conversion as it currently stands and required extensive alteration to achieve that aim, there may be conflict with criteria 1 and 2.


10.22 A structural report has been submitted for Barns A and C which are proposed to be

converted into residential units. This report has been prepared by a suitable professional and confirms that the barns are in good condition and the proposed conversions are viable with relatively minor works required. This report also confirms that the introduction of a mezzanine level in Barn C can be introduced with the existing columns both internal and external having adequate capacity to accommodate such an additional load.

10.23 While some structural work will be required to convert Barns A and C into habitable

buildings it is considered that the defects and works required are minor and are normally accommodated in conversions of these types of buildings to dwellings. It is noted that whilst the works proposed, particularly to convert Barn C, including the introduction of cladding and infilling of current openings, may result, to some extent, in the appearance of a re-build, as the frame and base are to be retained this is still classed, in planning terms, as a conversion.

10.24 It is considered that the Barns A and C are capable for the proposed conversions as

the frame of the existing structures of the buildings would be retained, and no extensions to the buildings are proposed. Through appeal decisions and Inspector comments on Prior Approval applications and the content of permitted development rights set out in the GDPO for barn conversions that it is clear that the reuse of the frame of a structure only still constitutes a conversion.

10.25 Barn A is proposed to be re-clad to match the remained of the Barn with stained

horizontal boarding with a profiled glass fibre reinforced cement roof sheeting. This is considered to be visually more in keeping with the sites surrounding and setting with the AONB than the existing rendered finish and would not appear at odds with the site’s locality. This proposed property is proposed to have an allocated parking space within the stables existing parking area opposite the barn.

10.26 Barn C is proposed to be finished in stained weatherboarding with colour coated

aluminium double glazed windows and doors. The roof will have the asbestos cement removed and finished with an insulated cladding of metal roof decking with vertical roll joints to imitate lead. The gutters and downpipes are to be removed and finished with colour coated aluminium gutters and downpipes. The proposed external materials to be used are considered acceptable and are typical of more contemporary rural conversions. The amount of glazing and openings proposed to these barns are also considered to be acceptable and retain the character of the buildings. The proposed works to this barn are not considered to have a detrimental impact upon the AONB or appear out of character in the sites rural setting.

10.26 The proposed conversion of Barn C also includes the removal of an existing

outbuilding to the south of the existing stables block (Barn B) to allow for a private driveway leading to parking area to serve this proposed property. A small timber stable block to the north of the barn is also proposed to be removed and therefore the development would result in a reduction of built form at the site.

10.27 Criterion 3 requires that the creation of a residential curtilage, access and car parking

facilities could be achieved without harm to the character of the countryside. The creation of private gardens and residential curtilage can potentially cause significant harm to the character and appearance of the site. Both Barns A and C are proposed to have gardens to the rears. However, the curtilages have been kept relatively tightly around the building and are not considered to be excessive or unduly large and follow the logical boundaries of the site. Appropriate boundary treatments are also


proposed in the form of post and rail fencing to the rear of Barn C and the existing boundary treatments are to be retained to the rear of Barn A in the forms of trees and hedging. The proposed creation of a residential curtilage is considered, on balance, to have a neutral impact upon the AONB. A landscaped area is also proposed to the north of the site. The proposed parking arrangements are also considered to be appropriate and not have a detrimental impact on the wider countryside.

10.28 Details such as materials, boundary treatments, surfacing, landscaping and lighting

have all been conditioned to ensure a satisfactory appearance to the development. 10.29 The application site is largely screened from the nearby roads by boundary hedging

and planting on the boundaries of the site. The existing buildings therefore have a limited visibility from surrounding and nearby public vantage points, including a Public Right of Way located approximately 135m to the west of the site largely screened by plating and trees.

10.30 There is no planning history to indicate when the barns at the site were constructed;

however aerial mapping date available shows that the buildings on the site and subject to this application have been present at the site from as early as 2000. These buildings by virtue of there age are lawful in planning terms and immune of enforcement action. The buildings are therefore not recently constructed and Criterion 4 does not apply.

10.31 In 1990 Planning Permission was granted for a dwelling with an agricultural

occupancy restriction. In 2003 the Agricultural condition was varied to include Equestrian activities, which is the use now being undertaken at the site. This property has only about 15 acres and there is no necessity for any large equipment to manage the land for the equine purposes, which has been the case also with the previous owner, for what is understood to be for the last 30 years. In the last 20 years it is understood that a local Agricultural Contractor from Four Winds Farm, Bidborough has been employed to undertake the work to the fields. The site is presently solely in equestrian use and there is no significantly large agricultural machinery at the site apart from a small ride-on mower. The large section of Barn A (approximately 18m x 9m) is considered to be more than sufficient for storage for the existing equestrian use and if necessary in the future is considered to be large enough to accommodate larger agricultural equipment should the site revert to an agricultural use. Also from visiting the site it is noted that the amount of items being stored in Barns A and C is not particularly intense and includes some domestic and other storage not associated with agriculture or the livery business.

10.32 Whilst concern has been raised in regards to the impact the proposed conversions

would have upon the AOC on the Farmhouse it is considered that there would be sufficient storage space for either an equestrian use or livery use to operate on a holding of this size. It is also important to consider that each application must be assessed on its own merits and that an application would be required to remove the AOC.

10.33 While the Economic Needs Study (ENS) 2016 indicates that there is a need for

additional office space in Tunbridge Wells it should be noted that the council has no five year housing land supply, and there is also a need for houses. Furthermore, the use of the barns as office spaces would likely result in an increase in movements to and from the site, which would raise highway safety concerns. There would also likely be a need for additional parking areas and an increase in hardstanding at the site. It is therefore considered that the re-use of the building for economic development purposes would not be appropriate in this locality.


10.34 Recognised by the recent broadening of permitted development rights for the

conversion of rural buildings is acceptable in principle. In addition the conversion of the building will help meet a need for housing in rural locations.

10.35 The proposed development is considered to satisfy the above criteria and therefore

be in accordance with Policy H13. The re-use of the building would also be in accordance with the NPPF which states that as a special circumstance, the re-use of existing buildings can be acceptable, and that a wide choice of quality homes and design should be available.

Works to Barn B

10.36 The proposed works to Barn B would not result in a change of use and the barn would remain as stables and no extensions are proposed. There is therefore no objection to the principle of these works.

10.37 The proposed works to this barn are considered to be relatively minor that would not

alter its form or character. The alterations would be considered to have a minimal impact on the landscape character of the area and would not result in an unsympathetic change in character to the building.

10.38 It is considered that the proposed works to Barn B would preserve the character of

the building and wider landscape and would not have a detrimental impact upon the AONB.

Residential Amenity 10.39 The proposed development is considered to have the most impact upon the

amenities of the properties of 17, 19 and 21 Cobhams (to the rear of Barn A), Lower Church Farmhouse (to the north) and the existing properties located along the private track which leads to the application site.

10.40 The properties along Cobhams are two storey detached properties which front to the

east and rear gardens back onto the application site. There is an approximately 8-9m separation distance between the rear elevation of these properties and the shared boundary with the application site. Barn A is located closest to these properties approximately 9m to the boundary. No extensions are proposed to this barn and the existing boundary treatments are not proposed to be altered. It is therefore considered that the proposed works to Barn A would not result in an unacceptable loss of light or outlook to these properties along Cobhams. The proposed new openings to the rear of Barn A would be at ground floor level and would not overlook the properties along Cobhams to an extent that would result in such a loss of privacy that would warrant the application being refused. By virtue of the separation distance between the properties at Cobhams at other barns at the site the works to Barns B and C are not considered to have such a detrimental impact upon the amenities of these neighbouring properties.

10.41 The detached property of Lower Church Farmhouse is situated to the north of the

site. Given that no extensions are proposed to any of the barns it is not considered that the proposed development would result in a loss of light or outlook to this property. The proposed openings on the north side elevation of the unit proposed within Barn A would largely be screened from Lower Church Farm and the proposed openings on the north side elevations are Barn C would be sited approximately 30m from this property. Because of this it is not considered that the proposed development would result in an unacceptable loss of privacy to Lower Church Farmhouse.


10.42 The amenities of the properties situated along the access track from Barden Road,

by virtue of their separation distance from the site are not considered to be detrimentally impacted upon by the proposed development to an extent that would warrant the application being refused on such grounds.

10.43 The use of the site for an additional two units is not considered to raise a significant

increase in noise levels in the area that would warrant the application being refused. It is also noted that Environmental Protection has raised no comments or concerns in regard to noise.

10.44 In regards to the proposed living conditions of the two units proposed to be created it

is considered that these would be adequate and it is noted that environmental protection have raised no concerns in this regard. The unit within Barn A would have a sufficient amenity space to the rear and would not be significantly overlooked by any surrounding property. From discussions with Environmental Protection it is considered that noise generated from the storage use within Barn A would not be so significant to have a detrimental impact upon this property. Concerns have been raised in regards to the living conditions of property proposed within Barn C and its relationship with the existing stables in Barn B. However, the works proposed in Barn B would mean that there are no openings on the west facing elevation (the elevation closest to Barn C, other than a couple of small openings to provide ventilation, and there would be effectively a back to back arrangements with this proposed dwelling. The openings proposed within Barn C with primarily serve as either secondary openings or serve non habitable rooms. The property proposed within Barn C would also not be overshadowed or overlooked by any surrounding property and would have a good sized amenity space. It is therefore considered that the proposed dwellings would have suitable living conditions and that the application would not warrant refusal on such grounds.

10.45 Taking account of the above it is considered that the proposed development would

respect the amenities of all of the nearby neighbouring properties and that the proposed units would have suitable living conditions.

Impact upon Heritage Assets

10.46 Sections 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and case law makes it clear that, amongst other things, when a development will harm a heritage asset of its setting, the decision-maker must give that harm considerable importance and weight; with reference to S.72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 makes it clear that the decision-maker is only asked to preserve the special character and appearance of the Conservation Area (CA) and not enhance it. It is necessary to consider therefore the level of harm caused to the CA and listed buildings.

10.47 NPPF section 192 states that in determining planning applications, ‘local planning

authorities should take account of ….’the desirability of new development making a positive contribution to local character and distinctiveness’. Distinctiveness includes the local pattern of street blocks and plots, building forms, details and materials, style and vernacular, landform and gardens and wildlife and habitat. Distinctiveness is about an area’s function, history and culture and its potential need for change, not just the built environment. Paragraph 194 highlights that any harm to the significance of a designated heritage asset should require clear and convincing justification. Paragraph 196 sets out that where a development proposal would result in less than substantial harm to the significance of an asset the harm should be balanced against the public benefit.


10.48 The means of access to the site is not proposed to be altered, with no impact

therefore on the approach to the Conservation Area, given the sites set back from the main roads of Barden Road and Speldhurst Hill. The scale of development proposed in this instance is relatively minor, but nevertheless there would be some small amount of harm to the rural setting of the village, Conservation Area (which part of the access falls within) and setting of nearby listed buildings and historic farmstead.

10.49 The Council’s Conservation Officer has commented that in their view the proposed

works would maintain the rural character of this part of the setting of the Conservation Area, as the proposed materials and facade treatments are not domestic. It is also noted that the materials to be used can be conditioned. The Council’s Conservation Officer concludes that the development, subject to appropriate conditions, would sustain the significance of the Conservation Area, and the nearby listed building and farmstead which sit within it and form part of the villages rural edge. The proposed development is therefore not considered to have a detrimental impact upon heritage assets.

Highway Safety and Parking

Access 10.50 The proposed development is to be accessed by the private track and no alterations

to the current access arrangements are proposed. This access is considered to be adequate to support the proposed development. Whilst access to the site is taken from a private lane at an awkward junction with Speldhurst Hill and Barden Road, on a bend where visibility is limited, it is considered that the traffic movements associated with the development would not significantly differ to those of the current lawful uses of the barns. From discussions with KCC Highways it is considered that this application could be refused on the grounds of inadequate or unsuitable vehicular access.

Parking provision for occupiers of the proposed development

10.51 The site has an existing parking area to the north of Barn B and there are other informal parking areas on the site, most notably in front of Barn A towards the entrance point of the site.

10.52 The unit proposed within Barn A is proposed to have an allocated space within the

existing parking area that serves the stables opposite. This is considered to be sufficient to support a unit of this size. The unit proposed within Barn C is proposed to have a parking area, large enough for two vehicles to park and turn, in the area to the south west of the site. The proposed parking is considered to accord with KCC parking standards. Therefore, the level of parking provided for the new dwellings is considered to be acceptable for the site’s locality. It is also considered that there would be sufficient parking at the site to support the existing livery business.

Emergency Vehicle and Refuse Access

10.53 Concern has been raised regarding the access of emergency vehicles and refuse collection vehicles to the site. No change to the existing access arrangements is proposed, and as addressed above it is considered that the proposed development would not result in a significant increase in traffic movements to and from the site and that there is adequate parking provisions proposed to support the uses. It is also noted that KCC Highways and Kent Fire and Rescue have not objected to the application or raised concerns in this regard.


Summary 10.54 Taking the above into account, it is not considered that there would be grounds to

refuse this application and that the development would not be detrimental to highway or pedestrian safety. The proposals therefore comply with Local Plan Policy TP4. Flood Risk & Drainage

10.55 Paragraph 155 of the NPPF states that ‘Inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk (whether existing or future). Where development is necessary in such areas, the development should be made safe for its lifetime without increasing flood risk elsewhere.’ Paragraph 163 goes on to comment that ‘When determining any planning applications, local planning authorities should ensure that flood risk is not increased elsewhere.

10.56 Local Plan Policy EN18 sets out that within those developed areas identified by the

Environment Agency as being at high risk from flooding, built development and conversions will only be permitted where practicable and effective flood protection and mitigation measures would be proposed and maintained and practicable and effective measures would be included as part of the development proposals to prevent the increased risk of flooding elsewhere.

10.57 This site is not designated as being within a Flood Zone by the Environment Agency

or a Strategic Flood Risk Area. The site connects to the public sewer system which passes through the site, across the applicant’s farmland to connect to the sewage works, which are located to the north of the site. New drainage is proposed to connect into the existing system within the farmland. It is considered that this is a suitable arrangement that would not result in significant increase in flood risk in the area. Details such as the surfacing for the proposed driveway and parking area to serve the proposed unit within Barn C can be secured by condition.

Ecology 10.58 Paragraph 174 of the NPPF advises that when determining planning applications,

local planning authorities should aim to conserve and enhance biodiversity. It also advises that opportunities to incorporate biodiversity in and around developments should be encouraged and it is expected that all new developments result in net gain in biodiversity.

10.59 Ecology surveys have been submitted and prepared by a suitable professional and

their findings are largely accepted. The Council’s Landscape and Biodiversity Officer has raised no objection to the application and has recommended that the recommendations set out in the scoping report are conditioned. The absence of biodiversity enhancement proposed cannot be a reason for refusal of the planning application as appropriate conditions could be attached to ensure that biodiversity net gain is achieved. Appropriate conditions are therefore recommended. The proposed development would also not result in the loss of any trees.

Refused application (Barn C)

10.60 It is acknowledged that an application was submitted and refused in 2002 under 02/01835/FUL to convert Barn C into a dwelling. This application was refused for the following reasons:

(1) The building is considered not to be worthy of conversion, in that it is not in keeping with its surroundings and the proposal would result in extensive alterations to the existing building, contrary to Policy H15 of the Tunbridge Wells Borough Local


Plan Adopted 1996 and Policy H14 of the Tunbridge Wells Borough Local Plan Review Second Deposit Copy, October 2002.

(2)The building would be located in close proximity to the existing stable block to the immediate west, which would be detrimental to the living conditions of future occupiers of the proposed dwelling, contrary to Policy ENI of the Tunbridge Wells Borough Local Plan Review Second Deposit Copy, October 2002 and the advice set out in Planning Policy Guidance Note 3 - Housing 2000.

(3) The proposal would result in the loss of an agricultural building which would reduce and restrict the potential of the agricultural holding and associated dwelling to which it relates, contrary to Policy H16 of the Tunbridge Wells Borough Local Plan Adopted 1996, Policy Hl0 of the Tunbridge Wells Borough Local Plan Review Second Deposit Copy, October 2002 and the advice set out in Annex I of Planning Policy Guidance Note 7 - The Countryside: Environmental Quality and Economic and Social Development 1997.

(4) The existing building is not of substantial construction and is incapable of conversion without extensive alteration and partial re-construction and the proposal is therefore inappropriate development in the Metropolitan Green Belt, contrary to Policy MGB3 and RS5 of the Kent Structure Plan 1996, Policy MGBI of the Tunbridge Wells Borough Local Plan Adopted 1996, Policy MGBI of the Tunbridge Wells Borough Local Plan Review Second Deposit Copy, October 2002 and the advice set out in Planning Policy Guidance Note 2 - Green Belts 1995.

(5) The design of the proposed dwelling would be harmful to the character and appearance of the countryside, contrary to policies EN1 and EN23 of the Tunbridge Wells Borough Local Plan Adopted 1996 and policies EN1 and EN24 of the Tunbridge Wells Borough Local Plan Review 2" Deposit copy October 2002.

10.61 Since the date of this decision planning policy has changed significantly. A new Local

Plan has since been adopted and the NPPF has been updated. Planning legislation since the date of this decision has, to a large extent, further promoted the re-use and conversion of agricultural buildings into dwellings through the introduction of various permitted development rights where in some cases a building can be converted without obtaining full planning permission. In this instance as the site is in the AONB these PD rights do not apply and therefore full planning permission is required.

10.62 A structural report has been prepared for this application which demonstrates that the

building is capable of conversion under current policy and guidance and is considered to go into greater detail than that submitted under the previous application. This application has demonstrated that the building can be converted without significantly alterations.

10.63 The application previously submitted included the creation of an entire first floor level

as well as door openings on the west facing elevation towards the stable block, which was not proposed to be altered under that application and included stable openings towards this barn. Whilst the now proposed scheme would remain in close proximity to the stable block it no longer includes door openings on the west elevation and the stables are proposed to be altered to removed openings so there only remain a couple of ventilation openings on the east elevation facing towards the proposed dwelling. From discussions with Environmental Health it is considered that the now proposed dwelling would have adequate living conditions.


10.64 In regards to the third reason of refusal the building is no longer in an agricultural use but in use as part of the livery business. From visiting the site on numerous occasions it is presently only used for the storage of a small amount of hay and domestic storage purposes. There is considered to be sufficient space in Barn A to accommodate the items being stored presently in Barn C and for the reasons set out previously in the report it is considered that the site would retain adequate storage space for the necessary machinery and equipment for both a livery business and an agricultural business at a site and holding of this size.

10.65 The fourth reason of refusal states that the works were inappropriate in the Green

Belt. NPPF Paragraph 146 that the re-use of buildings (provided that the buildings are of permanent and substantial construction) is ‘not inappropriate’ within the Green Belt. The works proposed under this application are less than the previous proposal and are not considered to be substantial or require excessive alterations. In regards to the fifth reason of refusal the now proposed conversion is not considered harmful to the character and appearance of the countryside and is of a relatively typically appearance of a converted agricultural building.

Draft Local Plan

10.66 The Draft Local Plan is currently at the Reg 18 consultation stage of the plan making process and representations have been received and are currently under review. Whilst it forms part of the Development Plan the amount of weight to be attached is minimal at this time.

10.67 Consultation on a Pre-Submission Local Plan (Regulation 19) is proposed from

March 2020 – May 2020 for an 8 week consultation period with the current timeline indicating a submission of the plan in Autumn 2020 to the Inspectorate. Whilst there are a some draft allocations in and around Speldhurst these allocations have not been confirmed and could still at any point be removed from future versions of the Draft Local Plan.

10.68 Given this and that the preparation of the Development Plan Evidence Base is still

being undertaken by the Council prior to its submission for public examination it is considered that the emerging Local Plan, at its current stage, can only be attached minimal weight at this time when assessing planning applications. The application is therefore not considered to be unacceptable because of this.

Other Matters Construction Management

10.69 Given its temporary nature little weight can be given to this matter. It is considered that a construction management plan is necessary however in this instance given the site’s location and therefore a condition has been recommended. There are also powers to deal with statutory nuisance from noise and disturbance from construction sites through Environmental Health Legislation.

Accuracy of Plans

10.70 Comments have been made in regards to the accuracy of the submitted plans and details. The plans are within the tolerances of accuracy and all of the proposed plans are considered to be consistent with one another.

Future Precedent

10.71 Concern has been raised that the proposed development if approved would set a precedent in the area. Each application is assessed on its own merits. The application, as set out above, is considered to be in accordance with the relevant planning policy and guidance and is therefore considered to be acceptable.


Air Quality

10.72 Whilst the site does not appear to fall within one of our Air Quality Management Areas (AQMA) which suggests that there are not elevated levels of poor air quality along Speldhurst Hill Environmental Health consider that an Air Quality Assessment would be necessary to determine the air quality levels on site due to the scale of the development and the on going traffic issues. However, given the scale of the development it is not considered that this condition is justifiable.

Conclusion

10.73 In conclusion it is considered that the proposal meets with the requirements of Local Plan Policy and NPPF Paragraph 14. There are overall social and economic benefits to the proposal and with this in mind, it is considered on balance that the proposal comprises sustainable development in NPPF terms. It is considered that the social and economic benefits from the proposal outweigh the limited environmental harm. Having regard to the presumption in favour of sustainable development and the requirements of Paragraph 14 of the NPPF, planning permission should therefore be granted unless any other material considerations indicate otherwise

11.0 RECOMMENDATION – GRANT Subject to the following conditions

1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this decision.

Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out in accordance with the

following approved plans:

3237 - 05 B - Barn A - Proposed Plans and Elevation and Proposed Site Plan 3237 - 07 E - Barn C - Proposed Plans and Elevations 3237 - 08 E - Proposed Site Location Plan and Site Plan 3237 - 09 B - Barn B - Proposed Plans and Elevations Protected Species Scoping Survey Structural Assessment

Reason: To clarify which plans have been approved.

3. Written details including source/ manufacturer, and samples of materials to be used

externally shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced and the development shall be carried out using the approved external materials.

Reason: These details are required pre-commencement in the interests of visual amenity and to ensure a satisfactory appearance to the development.

4. The development hereby permitted shall not be commenced until the following

components of a scheme to deal with the risks associated with contamination of the site shall have been submitted to and approved, in writing, by the local planning authority:

1) A preliminary risk assessment which has identified:


- all previous uses - potential contaminants associated with those uses - a conceptual model of the site indicating sources, pathways and receptors - potentially unacceptable risks arising from contamination at the site.

2) A site investigation, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

3) A remediation method statement (RMS) based on the site investigation results and the detailed risk assessment (2). This should give full details of the remediation measures required and how they are to be undertaken. The RMS should also include a verification plan to detail the data that will be collected in order to demonstrate that the works set out in the RMS are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

4) A Closure Report is submitted upon completion of the works. The closure report shall include full verification details as set out in 3. This should include details of any post remediation sampling and analysis, together with documentation certifying quantities and source/destination of any material brought onto or taken from the site. Any material brought onto the site shall be certified clean;

Any changes to these components require the express consent of the local planning authority. The scheme shall thereafter be implemented as approved.

Reason: These details are required pre commencement of development to ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

5. Prior to development commencing, a scheme for the enhancement of biodiversity on

the site shall have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall take account of any protected species that have been identified on the site, and in addition shall have regard to the enhancement of biodiversity generally. It shall be implemented in accordance with the approved proposals within it and shall be carried out in perpetuity.

Reason: These details are required pre-commencement to protect and enhance existing species and habitat on the site in the future.

6. No works shall take place until a site specific Construction Management Plan has

been submitted to and been approved in writing by the Local Planning Authority. The plan must demonstrate the adoption and use of the best practicable means to reduce the effects of noise, vibration, dust and site lighting. The plan shall include, but not be limited to:

All works and ancillary operations which are audible at the site boundary or at such other place as may be agreed with the Local Planning Authority, shall be carried out only between the following hours: 08:00 hours and 18:00 hours on Mondays to Fridays, 08:30 and 13:00 hours on Saturdays and at no time on Sundays and Bank Holidays. Unless in association with an emergency or with the prior written approval of the Local Planning Authority.

Deliveries to and removal of plant, equipment, machinery and waste from the site must only take place within the permitted hours detailed above.


Mitigation measures as defined in BS 5228, Noise and Vibration Control on Construction and Open Sites shall be used to estimate LAeq levels and minimise noise disturbance from construction works.

Measures to minimise the production of dust on the site(s).

Measures to minimise the noise (including vibration) generated by the construction process to include the careful selection of plant and machinery and use of noise mitigation barrier(s).

Design and provision of site hoardings.

Management of traffic visiting the site(s) including temporary parking or holding areas.

Provision of off road parking for all site operatives.

Measures to prevent the transfer of mud and extraneous material onto the public highway.

Measures to minimise the potential for pollution of groundwater and surface water.

The arrangements for public consultation and liaison during the construction works.

Measures for controlling the use of site lighting whether required for safe working or for security purposes.

Reason: In the interests of the amenities of surrounding occupiers and highway safety. This is a pre-commencement condition as the necessary measures will need to be provided from the start of the construction phase.

7. No above ground works shall take place until a landscape scheme designed in

accordance with the principles of the Council’s landscape character guidance has been submitted to and approved in writing by the Local Planning Authority. The scheme shall show all existing trees, hedges and blocks of landscaping on and immediately adjacent to, the site, including highway trees and land and shall indicate whether they are to be retained or removed. It shall detail measures for protection of species to be retained, provide details of on site replacement planting to mitigate any loss of amenity and biodiversity value together with the location of any habitat piles and include a planting specification, a programme of implementation and a 5 year management plan. The approved scheme shall be implemented in accordance with the programme of implementation.

Reason: These details are required to ensure a satisfactory setting and external appearance to the development. This information is required before the development commences with the programme of implementation.

8. The occupation of the development hereby permitted, in regards to the residential

units, shall not commence until all planting, seeding and turfing specified in the approved landscape details has been completed. All such landscaping shall be carried out during the planting season (October to February). Any seeding or turfing which fails to establish or any trees or plants which, within five years from the first occupation of a property, commencement of use or adoption of land, die or become so seriously damaged or diseased that their long term amenity value has been adversely affected shall be replaced in the next planting season with plants of the same species and size as detailed in the approved landscape scheme unless the local planning authority gives written consent to any variation.

Reason: In order to ensure a satisfactory setting and external appearance to the development.

9. Prior to the first occupation/use of the development hereby permitted, details of the

external lighting to be inserted shall be submitted to, and approved in writing by, the


Local Planning Authority. External lighting shall be installed in accordance with the approved details, and no further external lighting shall be submitted at any subsequent time.

Reason: In the interest of protecting the character and amenities of the locality.

10. The hereby approved development, in regards to the residential units, shall not be

occupied until works for the disposal of sewage have been provided on the site to serve the development hereby permitted, in accordance with the details to be submitted and approved in writing by the Local Planning Authority.

Reason: To avoid unacceptable additional use of existing drainage infrastructure and to avoid pollution of the surrounding area.

11. Notwithstanding the provisions of the Town and Country Planning (General Permitted

Development) (England) Order 2015 (or any Order revoking and/or re-enacting that Order), no development shall be carried out within Classes A, B, C, D and E of Part 1 of Schedule 2 of that Order (or any Order revoking and re-enacting that Order), without prior approval of the Local Planning Authority.

Reason: In the interests of protecting the character and amenities of the locality.


Development) (England) Order 2015 (or any Order revoking and/or re-enacting that Order), no fences or other means of enclosure except as hereby approved shall be carried out within Class A of Part 2 of Schedule 2 of that Order (or any Order revoking and re-enacting that Order), without prior approval of the Local Planning Authority.



Development) (England) Order 2015 (or any Order revoking and re-enacting that Order), no windows, or similar openings shall be inserted other than as hereby approved without the prior written planning permission of the Local Planning Authority.

Reason: In the interests of visual amenity and preserving the sites rural locality.

14. All boundary treatments shown on the hereby approved plans shall be carried out

prior to the first occupation of the dwelling hereby permitted and maintained thereafter unless otherwise approved in writing by the Local Planning Authority.


15. Before the units hereby approved are occupied, details for the storage and screening

of refuse shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

Reason: To facilitate the collection of refuse, preserve visual amenity and to reduce the occurrence of pests.

16. The areas shown as vehicle parking/turning space shall be provided, surfaced and

drained in accordance with details submitted to and approved in writing by the Local


Planning Authority before the dwellings hereby permitted are first occupied. No gates shall be erected. It shall be retained for the use of the occupiers of, and visitors to, the development and no permanent development, whether or not permitted by the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended (or any Order revoking and re-enacting that Order) shall be carried out on that area of land so shown or in such a position as to preclude vehicular access to this reserved parking space.

Reason: In the interest of visual amenity and development without provision of adequate accommodation for the parking of vehicles is likely to lead to parking inconvenient to other road users and highway safety issues.

INFORMATIVES

1. As the development involves demolition and/or construction, compliance with the Mid Kent Environmental Code of Development Practice document is expected.

2. A formal application for connection to the public sewerage system is required in order

to service this development. To initiate a sewer capacity check to identify the appropriate connection point for the development, please contact Southern Water, Sparrowgrove House Sparrowgrove, Otterbourne, Hampshire SO21 2SW (Tel: 0330 303 0119) or www.southernwater.co.uk.

3. It is the responsibility of the applicant to ensure, before the development hereby

approved is commenced, that all necessary highway approvals and consents where required are obtained and that the limits of highway boundary are clearly established in order to avoid any enforcement action being taken by the Highway Authority.

Case Officer: James Moysey NB For full details of all papers submitted with this application please refer to the relevant Public Access pages on the council’s website. The conditions set out in the report may be subject to such reasonable change as is necessary to ensure accuracy and enforceability.

http://www.southernwater.co.uk/