| No. | Condition Text |
|---|
| 1. | The application is not for a replacement dwelling. The barn has not been converted and is not in a state to be occupied. The application does therefore not engage saved policy HOU20 from the Borough-Wide Local Plan which only allows replacement dwellings when (a) the existing dwelling is habitable. |
| 2. | The application does not seek to replace an existing dwelling; instead it would result in the net increase in dwellings outside the defined settlement boundaries and is therefore contrary to saved policies HOU07 and HOU10 from the Borough-Wide Local Plan; with the lack of safe pedestrian access to local amenities it is considered that there would be a reliance on the private car for future occupants of the proposed development. As such it would be contrary to core policy CS1 (e) from the adopted Core Strategy, which seeks to ensure that new developments provide easy access for everyone to jobs, shops and community facilities by walking, cycling and public transport. Furthermore, it is considered that the application would not comply with core policy CS02 from the adopted Core Strategy which seeks to balance the delivery of new homes with the creation of self-contained communities and reducing the need to travel. |
| 3. | The loss of the barn would result in the loss of local historic and architectural value. The barn is a prominent feature in the landscape and its loss would be contrary to Core Policy CS09 G which seeks to conserve and enhance biodiversity, landscape features and townscape quality. No heritage impact assessment or landscape impact assessment has been provided as part of this application to assess the historic significance of the barn to evidence that the impacts would be acceptable. As part of the balanced judgement required in Paragraph 197 of the NPPF, it is considered that the very minor benefit to the public highway would not outweigh the loss of local historic and architectural value. |
| 4. | As far as can be determined, it has not been demonstrated that the applicant has control over sufficient land to provide adequate visibility splays at the site access. The proposed development could therefore be detrimental to highway safety and would be contrary to Core Policy CS16 from the adopted Core Strategy. |
| 5. | Inadequate information has been provided with the application to demonstrate whether or not the development would have an adverse effect on species protected by law, i.e. bats and nesting birds, particularly barn owls. The report provided was conducted at an inappropriate time of the year and is 13 years old and therefore out of date The proposal does not, therefore, meet the aims of Core Policy CS11 from the Core Strategy which seeks to protect the Borough's Biodiversity. More over, the application fails to meet Paragraph 175 of the NPPF as the level of harm to protected species has not been assessed nor have solutions for the provision of biodiversity net gains been provided. |
| 6. | No Habitat Monitoring and Mitigation Strategy (HMMS) payment has been received as part of this application. This is required where there is a net increase in dwellings proposed to ensure that the in-combination impacts on the designated sites can be sufficiently mitigated and the appropriate monitoring of protected species provided. Without this payment the Local Planning Authority cannot ensure that this provisions will be provided and therefore any resultant harm on the designated sites is unknown. This is contrary to Core Policy CS11 which seeks to protect the Borough's biodiversity. |
| 7. | STATEMENT OF POSITIVE ENGAGEMENT (REFUSALS): In accordance with the NPPF, in determining this application for planning permission, the Borough Council has approached it in a positive and proactive way and where possible has sought solutions to problems to achieve the aim of approving sustainable development. Unfortunately, despite this, in this particular case the development is not considered to represent sustainable or an acceptable form of development and has been refused for the reasons set out above. |
