Agenda item

Proposal:                  Change of use of the site for dog exercise areas, obedience / agility classes, provision of fencing to dog training areas, hardstanding area for customer parking and the demolition of the existing stables buildings

Location:                   17 Eastgate, Deeping St James, Lincolnshire, PE6 8HH 

Recommendation:     That the application is approved conditionally

Proposal: Change of use of the site for dog exercise areas, obedience / agility classes, provision of fencing to dog training areas, hardstanding area

for customer parking and the demolition of the existing stables buildings

Location: 17 Eastgate, Deeping St James, Lincolnshire, PE6 8HH

Decision: That the application is refused

As the application was part-heard and Councillors David Bellamy, Mike Exton, Penny Milnes, Jack Smith and Mrs Judy Smith had not been present when it had been considered previously, they did not participate in discussion or vote on the application.

Noting:

·       Provisions within the National Planning Policy Framework and the South Kesteven Local Plan and supplementary planning documents

·       Site observations

·       No objections or observations from Peterborough City Council, as Local Planning Authority

·       Environmental Protection Services, South Kesteven District Council recommendations for a grant of 12 month temporary Planning Permission, in order to review any complaints

·       Objections and comments from Deeping St James Parish Council

·       Lincolnshire County Council Highways and SuDS Support do not wish to restrict the grant of permission

·       Representations as a result of publicity

·       The assessment of the reasons for refusal submitted by Committee members following the resolution at the meeting on 30 September 2020

·       Comments made during the public speaking session on 30 September 2020

·       Officer reports issued on 16 September, 28 September, 11 November and 23 November 2020

·       Minutes of the meeting held on 30 September 2020

·       Comments made by Members at the meetings

After the meeting of the Committee on 30 September 2020 at which members decided that they were minded to refuse the application, they were required to submit, within five working days, their reasons for refusal to the Interim Head of Development Management. These were listed in the case officer’s report together with officer comment thereon.

Members were advised that Officers did not feel the reasons provided were defendable in the event of an appeal should the application be refused. The officer recommendation remained to approve the application.

Members noted the following concerns:

·       Consideration should be given to the advanced stage of the Local Neighbourhood Plan

·       Compliance with SV1

·       Increase of vehicular movements

·       Assessment of classification of open countryside rather than edge of settlement

·       Site’s close proximity to nearby properties including levels of noise emanating from proposed application

·       Applicant investment should not be a consideration

·       Concern Back Lane was being perceived as main highway while it was felt to be a country lane

A proposal was made to refuse the application, which was seconded.  As the Committee had been minded to refuse the application on 30 September 2020 and the cooling-off period had been invoked, a recorded vote was taken in accordance with the Council’s Constitution.

For:                  Councillors Adams, Bisnauthsing, Crawford, Dilks, Reid, Kaberry-          Brown and Selby (8)

Against:            - (0)

Abstain:            - (0)

The vote was carried, the application was refused for the following reasons:

1.    The proposed use of the site, for dog exercise areas, obedience and agility classes is located in close proximity from neighbouring residential uses. The proposed use is considered to result in an unacceptable noise impact to neighbouring residential uses. The proposal is therefore considered to be contrary to South Kesteven Local Plan Policy E7 c);

2.    The proposed development, through the increased highway use that would result, is considered to be unsympathetic development that would lead to an adverse impact on Back Lane, an allocated Green Lane in The Deepings Neighbourhood Plan. The proposal is therefore considered to be contrary to Policy DPN12 of The Deepings Neighbourhood Plan; and

3.    The proposal is considered to be development on the edge of Deeping St James and no clear evidence of substantial support from the local community has been evidenced. The proposal is therefore considered to be contrary to Policy SP4 of the adopted South Kesteven Local Plan.