Agenda item

Retrospective temporary change of use of land to construct access track for construction vehicles to facilitate developments at Bullsland Farm (for a further 2 years).

Recommendation: That Planning Permission be granted for a temporary period (2 years).

The application was for a retrospective temporary change of use of land to construct an access track for construction vehicles to facilitate developments at Bullsland Farm, Bullsland Lane, Chorleywood for a further two years.

The application had been called in by Chorleywood Parish Council due to concerns regarding the access no longer being temporary if an additional three years were granted, and Green Belt concerns.

The Planning Officer reported Condition 2 was to be updated to require all soft landscaping works approved by the condition to be carried out before the end of the first planting and seeding season following the restoration works, and to remove reference to first occupation of any part of the buildings.

Should permission be granted, the date referred to at Condition 3 would also need to be amended to refer to a date 2 years in advance of the date on which the temporary grant of planning permission was given.

Parish Councillor Jon Bishop of Chorleywood Parish Council spoke against the application.

Martin Crook, agent, spoke in favour of the application.

A Committee Member commented that he considered that the extension request was reasonable, with the applicant only having been granted one year’s temporary approval when the application had been considered by the Committee previously.

Another Committee Member raised concern about the potential for the applicant to continue to seek further extensions.

In response to questions and comments the Planning Officer commented that whilst temporary permission for two years had been refused previously, further information had been submitted and considered which had altered the view of the Planning Officer.  This was set out in the report and had included consideration of highway safety, and the fact that the land would be able to be fully remediated afterwards which tempered the harm to the Green Belt and the character of the area.

Committee Members also discussed the amount of time which would be needed to restore the land, noting that this could take at least a year depending on weather conditions, and that newly planted vegetation sometimes failed to establish.  The Committee considered that Conditions C2 and C3 should be amended to reflect the required timescale for restoration of the land, with revised wording to be circulated to Committee Members for agreement. 

Note: the wording subsequently circulated is shown below:

Condition 2: Soft landscaping

Prior to the expiration of the two-year temporary period as set out within Condition 3, a soft landscaping scheme specifying the re-seeding of the land and proposed enhancement planting within the site, shall be submitted to and approved in writing by the Local Planning Authority.

All soft landscaping works approved by this condition shall be carried out before the end of the first planting and seeding season immediately following the completion of the restoration works secured by Condition 3.

Notwithstanding the management of the land as set out within the Grassland Restoration Plan, following the removal of the temporary haul road if any of the proposed soft landscaping, are removed, die, become severely damaged or diseased within the period up to 8 November 2031 they shall be replaced with trees or shrubs of appropriate size and species in the next planting season (ie November to March inclusive).

Reason: This condition is to ensure that the enhancements from the restoration of the land are realised to preserve the character and appearance of the wider application site and to protect the openness of the Green Belt in accordance with Policies CP1, CP10, CP11 and CP12 of the Core Strategy (adopted October 2011) and Policies DM1, DM2 and DM6 of the Development Management Policies LDD (adopted July 2013).

Condition 3: Removal of road and restoration

By the 8 November 2026, the temporary haul road hereby permitted (including all associated materials (i.e. sub base) and temporary fencing) as shown on drawing number REF: 22.015A, shall be permanently removed from the application site, with the land restored to its former condition in accordance with the details set out within the approved Grassland Restoration Plan, by agb Environmental, dated 3 June 2021 along with the agreed enhanced landscaping as secured by Condition 2.

Reason: Temporary permission is to facilitate the construction works and protect the users of Bullsland Lane from construction traffic and to protect the openness of the Green Belt, residential amenities of the neighbouring properties and character and appearance of the Listed Building in accordance with Policies CP1, CP10, CP11 and CP12 of the Core Strategy (adopted October 2011) and Policies DM2, DM3 and DM9 of the Development Management Policies LDD (adopted July 2013).

Councillor Hearn moved, and Councillor Lloyd seconded, that temporary planning permission be granted for a period of two years, with revised wording for conditions C2 and C3 to be circulated to Committee Members for agreement and on being put to the vote this was agreed unanimously.

RESOLVED: that temporary planning permission be granted for a period of two years subject to conditions, with revised wording for conditions C2 and C3 to be circulated to Committee Members for agreement.