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To: Ian McCauley, Director of Planning and Building Control
From: Ian Brooks, Planning Officer 13th July 2006
Further to our meeting with Mr Nuttall and Ms Newton on 6th July 2006, I have carried out a review of all the planning permissions and refusals on the site. In order to appreciate the complexity of the planning history I shall refer to a site plan labelled with letters of the alphabet to differentiate between the different buildings within the site.
01/1191 – Erection of agricultural building. The application was approved at appeal on 2nd July 2002 subject to the following conditions that stated "The building shall be used solely for the storage of hay, straw and agricultural equipment. It shall not be used at any time for the housing and shelter of livestock or the storage of silage" and "All four sides of the building shall remain open in accordance with the submitted plans and the roof and gable cladding shall be dark green in colour."
91/812 – Erection of agricultural building. The application was initially approved on the 13th September 1991 with the decision notice issued on the 24th September 1991 subject to a condition stating that "The building(s) shall not be used for any other purpose than that indicated on the plan or in the application without the consent of the Committee."
The application forms stated the proposed use of site was for storage of hay.
94/68 – Alterations and extension to dwelling and extension to agricultural building. This application has initially approved on the 23rd May 1994 with the initial approval notice issued on the 6th June 1994 with a condition stating that "The building(s) shall not be used for any other purpose than that indicated on the plan or in the application without the consent of the Committee".
The application form states the use as farm. It has to be recognised that the term 'farm has to reasonably include the housing of livestock and therefore it has to be concluded that there are no specific conditions prohibiting the housing of livestock in this part of the building.
97/231 – Extension to agricultural shed. The application was initially approved on the 13th June 1997 with the initial approval decision notice issued on the 18th June 1997 with a condition stating that "The building must be used for agricultural purposes only".
This permission appears to be a general agricultural permission and would allow livestock to be stored with the building without contravening the planning permission.
04/2118 – Erection of agricultural building. This application was approved at appeal and confirmed the decision of the Planning Committee. This permission remains extant and has
not been implemented. This permission allows the building to be used for the storage of livestock.
88/620 – Erection of agricultural shed – The decision was initially approved on the 12th August 1988 with the decision notice issued on the 2nd September 1988. The application indicated that the proposed use as storing hay, barley and implements.
90/927 – Lean to extension to barn. The application was initially approved on the 12th September 1990 with the initial approval decision notice issued on the 26th September 1990. The proposed use was stated as ‘farm store’.
01/2107 – Change of use of farm stores to general agricultural buildings. This application was refused on appeal on the 30th August 2002. The reason for refusal was on the basis that:
> “The grant of planning permission would be premature, pending an assessment of the implications of the proposal, including the effect on the adjoining watercourse and the effect of the means of disposal of animal waste on the amenities of those who live nearby”.
02/1761 – Change of use of farm stores to general agricultural building and installation of underground modular tank. This application was refused at appeal on the 15th December 2003. The reason for the refusal was on the basis that:
> “The residential amenity of the nearby dwelling ‘Faaie Wyllin’ would be impaired unacceptably”
An opinion was given by the appeal inspector that this building has an approved use for hay, straw, barley and implements only. The inspector gave the following explanation behind this reasoning:
> “There were conflicting opinions as to whether the keeping of livestock in the appeal building represented a breach of planning control. Essentially this is a matter for decision in another forum in the event that enforcement action should be considered expedient. However, the 1988 application for an agricultural shed was submitted in June 1988 and it appears that in July clarification was sought by the Planning Committee regarding size of the farm and the intended use of the shed. By letter dated 1st August 1988, Mr Cleator indicated that the farm (at that time) was 42 acres and that the intended use of the shed was for storage ‘of hay, straw, barley and implements’. Subsequently, at its meeting of 12th August 1988 the Planning Committee granted permission subject, inter alia to the condition that the building shall not be used for any other than that indicated on the plan or in the application without the consent of the Committee. I consider therefore that whilst there is no condition expressly preventing the keeping of livestock in [the] building that the letter dated 1st August 1988 is part of the application and only the uses therein specified were authorised by the consent.”
Faaie Wyll
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