Agenda item

Construction of a Lemur enclosure, including an entrance structure (retrospective).

Description:

Construction of a Lemur enclosure, including an entrance structure (retrospective).

Officer Recommendation:

Approval, subject to conditions and informatives.

Officer Presentation:

The Committee received a presentation on the application from the Planning Officer.

Public Speaking:

The Ward Councillor who called-in the application spoke on the application.

A member of the public spoke in objection to the application. The member of the public had also registered to speak in objection to the other two Hobbledown applications on the agenda - with the permission of the Chair, the member of the public also spoke in objection to the other two applications at this time.

Decision:

Following consideration, Councillor Bernie Muir proposed a motion that the Officer recommendation be amended by way of an additional condition, as follows:

The animal shelter hereby approved on the plan numbered 006 Rev B shall be used solely for the keeping of animals and shall be removed from the land when no longer required for that purpose and the land restored to its condition before the development took place within one month of the use ceasing.

Reason: The building hereby permitted would constitute inappropriate development in the Green Belt were it not for the proposed use and removal would be required to protect the long-term openness of the area in accordance with Sections 12 and 13 of the National Planning Policy Framework 2023, Policies CS2 and CS5 of the Core Strategy 2007 and Policies DM3, DM10 and DM26 of the Development Management Policies Document 2015.

The proposal was seconded by Councillor Jan Mason.

The Committee voted (8 for, and the Chair not voting) in favour of the motion.

Councillor Bernie Muir proposed a motion that the Officer recommendation be amended by way of an amendment to condition 3, as follows:

A scheme to enhance the biodiversity interest of the site shall be submitted to the local planning authority within one month of the date of this decision. Details shall include the vegetation (hedgerows and trees) that were removed to accommodate the development hereby permitted and a schedule and plan of replacement planting.  Enhancement shall be measured against the baseline prior to the removal of vegetation to accommodate the development hereby permitted. The scheme shall be implemented in full as approved within the next planting season (or as otherwise agreed in writing with the local planning authority) and thereafter maintained.

Reason: To enhance biodiversity and nature habitats in accordance with Policy CS3 of the Core Strategy (2007) and Policy DM4 of the Development Management Policies 2015.

The proposal was seconded by Councillor Jan Mason.

The Committee voted (5 for, 2 against, 1 abstaining, and the Chair not voting) in favour of the motion.

The Vice-Chair proposed a motion that the Officer recommendation be amended by way of removal of condition 2, as the condition was not required or workable due to that fact it referred to works to be done prior to occupation, which did not apply in the case of the development in question. The proposal was seconded by Councillor Neil Dallen.

Subsequently, the Committee voted (7 for, 1 abstaining, and the Chair not voting) in favour of the motion.

Councillor Neil Dallen proposed a motion that the Officer recommendation be agreed, subject to the agreed amendments. The proposal was seconded by Councillor Clive Woodbridge.

The Committee resolved (4 for, 4 against, and the Chair exercising his casting vote in favour of the application) to:

GRANT planning permission subject to the following conditions and informatives.

Conditions

(1)          Approved Plans

Unless otherwise agreed in writing by the local planning authority, the development hereby permitted shall be carried out in accordance with the plan numbered 006 Rev B, received by the local planning authority on 10 November 2023 and document of Lemur Enclosure entrance/Exit Structure, received by the local planning authority on 31 January 2024.

Reason: For avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans to comply with Policy CS5 of the Core Strategy 2007.

(2)          Biodiversity enhancement measures

A scheme to enhance the biodiversity interest of the site shall be submitted to the local planning authority within one month of the date of this decision. Details shall include the vegetation (hedgerows and trees) that were removed to accommodate the development hereby permitted and a schedule and plan of replacement planting.  Enchancement shall be measured against the baseline prior to the removal of vegetation to accommodate the development hereby permitted. The scheme shall be implemented in full as approved within the next planting season (or as otherwise agreed in writing with the local planning authority) and thereafter maintained.

Reason: To enhance biodiversity and nature habitats in accordance with Policy CS3 of the Core Strategy (2007) and Policy DM4 of the Development Management Policies 2015.

(3)          The animal shelter hereby approved on the plan numbered 006 Rev B shall be used solely for the keeping of animals and shall be removed from the land when no longer required for that purpose and the land restored to its condition before the development took place within one month of the use ceasing.

Reason: The building hereby permitted would constitute inappropriate development in the Green Belt were it not for the proposed use and removal would be required to protect the long-term openness of the area in accordance with Sections 12 and 13 of the National Planning Policy Framework 2023, Policies CS2 and CS5 of the Core Strategy 2007 and Policies DM3, DM10 and DM26 of the Development Management Policies Document 2015.

Informatives

(1)          Positive and Proactive Discussion

In dealing with the application the Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in the form or our statutory policies in the Core Strategy, Supplementary Planning Documents, Planning Briefs and other informal written guidance, as well as offering a full pre-application advice service, in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favourably.

(2)          Changes to the Approved Plans

Should there be any change from the approved drawings during the build of the development, this may require a fresh planning application if the changes differ materially from the approved details. Non-material changes may be formalised by way of an application under s.96A Town and Country Planning Act 1990.