Application under Section 73a of the Town and Country Planning Act 1990 for the erection of an agricultural building and formation of an agricultural access track (part retrospective).

The Principal Planner introduced the application and with reference to the drawings displayed, he drew Members’ attention to the location and elevations.  He drew Members’ attention to the additional information as set out in the Schedule of Additional Letters circulated prior to the meeting which detailed further third party objection comments; comments from Severn Rivers Trust, which provided the background to the hardcore track; and confirmation that the building would be located outside of the Environment Agency flood risk zones.   

Members had undertaken a site visit that morning and had viewed the site and assessed the impact of the proposal on the surrounding area.

By virtue of the amendment made to Shropshire Council’s Constitution, as agreed at the meeting of Full Council held on 27 February 2014, Councillor Michael Wood, as the local Ward Councillor, made a statement and then left the room and took no part in the debate and did not vote on this item. During his statement, the following points were raised:

·         All residents living close to the site had raised objections;

·         There had never been a track running though this part of the land;

·         Would be unsuitable for keeping and rearing any sheep and the number of sheep proposed would not be viable;

·         Proposal would be injurious to the Green Belt and contrary to the National Planning Policy Framework (NPPF);

·         The proposal would be inappropriate, obtrusive, unnecessary, out of keeping and would impact on the tranquillity of the area; and

·         If permitted, all conditions should be strictly adhered to.

Ms C Tildesley, a local resident, spoke against the proposal in accordance with the Council’s Scheme for Public Speaking at Planning Committees, during which the following points were raised:

·         Eastern part of applicant’s land was in the flood plain;

·         She had lived in the area for the last 17 years and there had never been a track, roadway or vehicular access across this land;

·         Submitted photographs had evidenced that part of the access track had been and would, at times, be submerged under water;

·         The only way to alleviate flooding would be to alter the flood plain but this would have a detrimental impact on neighbouring properties and could put additional pressure upon the old road bridge;

·         The rearing of sheep on this land would be contrary to the Good Practice and Duty of Care Regulations;

·         The agricultural building would not be required.  As the land would only be suitable for the keeping and rearing of minimal sheep the provision of sheep pens would not be required.

Mr T Branagan, representing the Environment Agency, spoke for the proposal in accordance with the Council’s Scheme for Public Speaking at Planning Committees, during which the following points were raised:

·         Continual use of the muddy track running parallel to the river might have a detrimental impact on the river.  Accordingly, the creation of the hardcore track to the far end of the land would be beneficial to the environment; and

·         The landowner had been generous with the land to address river erosion and biodiversity enhancement and had taken advice on tree planting and erosion protection.

Mr B Higginson, the applicant, spoke for the proposal in accordance with the Council’s Scheme for Public Speaking at Planning Committees, during which the following points were raised:

·         He had purchased the land approximately 18 months ago and because of holidays and commitments the submission of the application had been delayed;

·         The formation and layout of the gated access would ensure that the car/trailer when accessing/egressing the site would not impact on highway safety;

·         The fenced areas erected by the Severn Rivers Trust were superior to the original stranded barbed wire fencing; and

·         The SRT had now agreed to help with the track which would be permeable and would not impact on the levels of the land.

In response to questions from Members, Mr Higginson and Mr Branagan provided clarification on the materials used in the construction of the access track.

In the ensuing debate, Members considered the submitted plans and noted the comments of all speakers.  In response to concerns, the Principal Planner explained that the final appearance of the track would be dealt with by conditions, but the Environment Agency would be consulted and would regulate if any adverse impact arose.

RESOLVED:

That planning permission be granted as per the Officer’s recommendation, subject to:

·         The conditions as set out in Appendix 1 to the report; and

·         The external surfaces of the roof of the agricultural building shall be BS18B29.

(At this juncture, Councillor Nigel Hartin left the meeting and did not return.)