Agenda item

Proposal: Section 73 application to vary condition 4 (Noise Management Plan/No of dogs) of S20/0479 (use of land for doggy day care centre, erection of building, driveway and hardstanding) variation is to increase number of dogs allowed on site at any one time from 20 to 40

Location: Poplars Farm, High Street, Carlby, PE9 4LX

Recommendation: To authorise the Assistant Director – Planning to GRANT planning permission, subject to conditions.

Proposal: Section 73 application to vary condition 4 (Noise Management Plan/No of dogs) of S20/0479 (use of land for doggy day care centre, erection of building, driveway and hardstanding) variation is to increase number of dogs allowed on site at any one time from 20 to 40

 

Location: Poplars Farm, High Street, Carlby, PE9 4LX

 

Recommendation: To authorise the Assistant Director – Planning to GRANT planning permission, subject to the following proposed schedule of updated conditions.

 

Noting comments in the public speaking session by:

 

Carlby Parish Council        -         Councillor Chris Barnes

Against                              -         John Bavister

Supporter                          -         Anna Welch

On behalf of the applicant  -         Rachel Woolley

 

The Committee noted the following policy considerations:

 

• South Kesteven Local Plan 2011-2036 (Adopted January 2020)
• National Planning Policy Framework (NPPF) (Published December 2023)

 

Together with :

 

• Comments received from Carlby Parish Council
• Comments received from Lincolnshire County Council (Highways and SuDS)
• Comments received from SKDC Environmental Protection Officer
• Representations as a result of Publicity

 

During questions to public speakers, further information was highlighted:

 

• Currently the planning permission allowed for 20 dogs on site. The operator had applied for a licence for 40 dogs on site but had not realised that this would be a breach of the planning condition, which was why Planning Enforcement officers had previously been involved. Once the conflict had been identified, the applicant returned to a 20 dog limit on the site, and submitted a planning application to vary the condition.
• Dog day care could operate under limited hours. Dog walking was a separate business, and dog field hire had also been previously approved. The dog field hire did not include indoor facilities, whereas the dog care element of the business did. The dog walking and day care businesses were separate.
• The distance to the entrance of the site from the nearest residential curtilage was 230 metres.
• The current opening hours for the day care centre were 730am- 6pm Monday to Friday, and 9am – 2:30pm on Saturdays, Sundays and Bank Holidays.
• There was one member of staff to supervise every ten dogs. There were also reserves members of staff on site, as per DEFRA guidelines.
• It was impossible for dogs from the walking field to be on the same site as day care dogs, as the walking field was located in a different area with different access. Dogs would go inside for downtime at different parts of the day.
• In the summer the dog beds were sometimes placed outside to allow dogs to sleep and sunbathe. There would not be 60 dogs on site.
• The existing noise management plan covered operations on site. This plan would be updated if the planning application were to be granted.
• There was never more than one or two dogs to be supervised at the weekend.
• Rounds in the field were rotated throughout the day, and dogs were supervised by the site owners at all times.

 

During questions to officers and debate, the following information was highlighted:

 

• Only the doggy day care centre facility was being considered as part of this application. However, Environmental Protection had been mindful of the dog walking field to the rear as well.
• Operating hours were a reflection of the variation in noise limits throughout the day; i.e. nighttime hours would have a much lower threshold for noise than daytime hours.
• It was confirmed that members needed to be comfortable that there was evidence to support imposing any weekend conditions on the site’s usage.

 

It was proposed, seconded and AGREED to authorise the Assistant Director for Planning to GRANT planning permission, subject to the following proposed schedule of updated conditions:

 

Time Limit for Commencement

 

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

Reason: In order that the development is commenced in a timely manner, as set out in Section 91 of the Town and Country Planning Act 1990 (as amended). 

 

Approved Plans

 

2.The development hereby permitted shall be carried out in accordance with the following list of approved plans:

- Site Location Plan drawing no. H20A44-STO_ZZ_XX_DR_A_0001

- Proposed site plan drawing no. H20A44-STO_ZZ_XX_DR_A_0003 Rev P01 - Proposed Elevations drawing no. H20A44-STO_ZZ_XX_DR_A_0005 Rev P01

- Proposed Boundary Treatments drawing no. H20A44 STO_ZZ_XX_DR_A_0007 Rev P01

- Proposed Floor plan drawing no. H20A44-STO_ZZ_XX_DR_A_0004

- Proposed Roof plan drawing no. H20A44-STO_ZZ_XX_DR_A_0006 Reason: To provide clarity as to what drawings have been approved.

 

Before the Development is Commenced

 

3. Before the development hereby permitted is commenced, the archaeological investigations in the approved written scheme of archaeological investigation (WSI) (ULAS Job Nos: 24-704) must be carried out and a report submitted to the Local Planning Authority for approval.  Reason: In order to provide a reasonable opportunity to record the history of the site and in accordance with Policy EN6 of the adopted South Kesteven Local Plan and the NPPF (section 16).

 

4.Prior to the commencement of the development hereby approved, a Biodiversity Compensation Scheme shall be submitted to and approved in writing by the Local Planning Authority. This shall include a habitat creation method statement to demonstrate how a minimum of 2.92 habitat units will be delivered off-site. The habitat creation shall be implemented in accordance with the approved details and retained thereafter for a period of at least 30 years.

Reason: To ensure that the scheme compensates for the significant harm to ecological habits in accordance with the requirements of Policy EN2 of the Local Plan and Paragraph 186 of the NPPF.

 

5.The development hereby permitted shall be undertaken in accordance with a Construction and Environmental Management Plan and Method Statement that shall first be approved in writing by the Local Planning Authority. The Plan and Statement shall indicate measures to mitigate the adverse impacts of vehicle and construction activity and the means to manage the drainage of the site during the construction stage of the permitted development. It must include:

• the timetable of the construction phase to include access construction;

• details of noise, dust and lighting mitigation measures during construction as recommended by the Ecological Impact Assessment report ref: RT-MME-159662-04;

• waste management details during construction;

• the on-site parking of all vehicles of site operatives and visitors;

• the on-site loading and unloading of all plant and materials;

• the on-site storage of all plant and materials used in constructing the development;

• wheel washing facilities;

• the routes of construction traffic to and from the site including any off-site routes for the disposal of excavated material and; 

• strategy stating how surface water run off on and from the development will be managed during construction and protection measures for any sustainable drainage features. This should include drawing(s) showing how the drainage systems (temporary or permanent) connect to an outfall (temporary or permanent) during construction.

Reason: In the interests of the safety and free passage of those using the adjacent public highway and to ensure that the permitted development is adequately drained without creating or increasing flood risk to land or property adjacent to, or downstream of, the permitted development during construction. In accordance with Policies EN5 and ID2 of the Local Plan and Sections 9 and 14 of the NPPF.

 

6.Prior to the store being brought into use, a scheme for off-site highways works relating to a pedestrian crossing of West Road and access to the site (following the principles of General Arrangement Plan drawing no. AMA-40046-D-100) shall have been submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented in full prior to the use commencing on-site, and shall be retained thereafter. Reason: To ensure a suitable form of pedestrian access is delivered in the interests of highway safety in accordance with the requirements of Policy ID2 of the Local Plan and the NPPF.

 

7. No development shall commence on site (including preparatory works) until a tree and hedgerow protection plan has been submitted to and approved in writing by the Local Planning Authority. The approved plan shall be fully implemented in accordance with the approved details throughout the construction phase.

Reason: To ensure that the important, established landscape features are protected during the construction process and to comply with DE1 and EN2 of the South Kesteven Local Plan 20112036.

 

8.Prior to the commencement of the development hereby permitted above ground level, details of the materials to be used in the construction of the external facing facades of the building and entrance walls shall be submitted to the Local Planning Authority in writing for approval. Sample panels of the proposed external surfacing materials (stonework and a timber) at a least a metre squared (showing where appropriate the proposed coursing, method of pointing of mortar) shall be erected on site for consideration and subsequent approval. The panels shall be retained on site until the completion of the works. The development shall be implemented in accordance with the approved details.

Reason: To protect the visual amenities of the locality and comply with Policy DE1 Adopted South Kesteven Local Plan 2011-2036 and comply with the aims and objectives of the NPPF.

 

9.Prior to the commencement of development hereby permitted details of the hard landscaping materials for the car park, walkways and areas surrounding the building shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details unless otherwise agreed in writing by the LPA. Reason: To protect the visual amenities of the locality and comply with Policy DE1 Adopted South Kesteven Local Plan 2011-2036 and comply with the aims and objectives of the NPPF.

 

10.No development shall be carried out (other than site preparation works) until a detailed surface water drainage scheme has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include the measures to be installed together with a timetable for implementation. The works shall thereafter be carried out fully in accordance with the approved strategy.

Reason: To prevent flooding and to comply with Policy EN5 of the South Kesteven Local Plan.

 

11.No development shall commence on site (other than preparatory works) until a soft landscaping scheme (following the principles of the Landscape Strategy Report No. 1059/R02) has been submitted to and approved in writing by the Local Planning Authority. The submitted scheme shall provide details of:

- location of planting together with details of species and size

- timetable for the planting of shrubs and trees

- strategy for maintaining and protecting the approved planting The development shall thereafter be carried out and maintained fully in accordance with the approved scheme.

Reason: Soft landscaping and tree planting make an important contribution to the development and its assimilation with its surroundings and in accordance with Policies DE1, EN3 and OS1 of the adopted South Kesteven Local Plan (2011-2036).

 

12.Before development is commenced, a biodiversity mitigation and enhancement scheme (for onsite hedgerow habitats) based on the recommendations contained within the Ecological Impact Assessment report ref: RT-MME-159662-04 must be submitted to and approved by the Local Planning Authority.  The scheme shall include a plan identifying the location of any mitigation and enhancement measures, along with a detailed schedule (and technical details as relevant) for each of the measures proposed. The required biodiversity mitigation and enhancement measures shall be completed in full, in accordance with the agreed scheme, prior to the first use of the store. Reason: in the interests of best ecological practice, and in accordance with Policy EN2 of the adopted South Kesteven Local Plan. Before the Development is Occupied

 

13.Before any part of the development hereby permitted is occupied/brought into use, all hard landscape works shall have been carried out in accordance with the approved hard landscaping details pursuant to condition 9.

Reason: Hard landscaping makes an important contribution to the development and its assimilation with its surroundings and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

 

14.Prior to the first occupation of any part of the development hereby approved, a Travel Plan for employees of the development shall have been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall be implemented in accordance with the approved details. Reason: In the interests of promoting sustainable travel in accordance with SD1 of the adopted South Kesteven Local Plan 2011-2036.

 

15.Prior to the store being brought into use, details of external lighting, together with times of illumination shall be submitted to and approved in writing by the Local Planning Authority. Once approved the lighting shall be installed and managed in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect the amenities of the locality and in the interests of protecting ecology and biodiversity in accordance with Policies DE1 and EN2 Adopted South Kesteven Local Plan 20112036 and comply with the aims and objectives of the NPPF.

 

16.Prior to the installation of any sub-station, details of its location and appearance shall first be submitted to and approved in writing by the Local Planning Authority. 

Reason: To protect the visual amenities of the locality and comply with Policy DE1 Adopted South Kesteven Local Plan 2011-2036 and comply with the aims and objectives of the NPPF.

 

17.Prior to the store first being brought into use, the pavements and cycle way shall be fully formed in accordance with details that shall have first been submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of promoting sustainable travel in accordance with SD1 of the adopted South Kesteven Local Plan 2011-2036.

 

Ongoing Conditions

 

18.The operational hours for the proposed food store hereby permitted shall only operate between the following hours and days; 08:00 - 22:30 hours Monday to Saturdays (including bank/public holidays) 10:00 - 20:00 hours on Sundays.

Reason: To protect the amenities of the locality and comply with Policy DE1 Adopted South Kesteven Local Plan 2011-2036 and comply with the aims and objectives of the NPPF.

 

19.Within a period of ten years from the first occupation of the development hereby permitted, any trees, hedging or plants provided as part of the approved soft landscaping scheme, that die or become, in the opinion of the Local Planning Authority, seriously damaged or defective, shall be replaced in the first planting season following any such loss with a specimen of the same size and species as was approved in condition above.

Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

 

20. No more than 80% of the net retail sales area of the approved foodstore shall be used for  convenience sales and no more than 20% for comparison sales.  

Reason: To ensure the development operates as assessed and in accordance with Policy BRN2 of the South Kesteven Local Plan 2011-2036 (January 2020) and the NPPF.

 

Note:  The Committee adjourned at 2:25pm, reconvening at 2:40pm.