The proposal retrospectively sought consent for the retention of timber stables for the housing of horses when in need for isolation. The stable building was on skids and therefore not physically attached to the ground. The stables would allow for two horses to be kept on site. Conditions 4 and 5 on the existing planning permission did not allow commercial activities to take place on the land or allow buildings or enclosures to be erected.

Officers considered that a temporary consent for 3 years was justified. It would be consistent with the Officer’s recommended approach adopted for the retention of the applicant’s mobile home. The applicant had advanced very special circumstances, due to their status within the definition of Gypsy/Traveller and that their intended use of the stables was as part of their main source of income. Impact on the Green Belt would be limited as the stables’ use would be temporary and further use could be controlled by the Council. As such it was considered that these circumstances were sufficient to outweigh the harm to the openness of the green belt and upon the wider area.

Officers updated Members that the Council had recently received the contaminated land survey for the site. Fragments of asbestos had been found in a small spoil heap, but were now covered in soil and grass. If undisturbed then any risk was only minimal. Officers proposed an additional condition for remedial action to be submitted and agreed by the Council within 3 months.

The Committee was addressed by the following speakers:

            Against the Application:        -

            For the Application:               Mrs. Coates

            Parish Representative:          Cllr. Dixon

            Local Member:                       -

The Chairman noted the comments of the applicant that breach of existing permissions was inadvertent and the applicant had, once made aware, immediately filed for planning permission.

Despite earlier concerns from the Parish Council regarding light pollution, Members noted that openings in the stable would face towards the home and not the road.

In response to a question Officers confirmed that chattels would be permitted on the land under existing conditions.

It was MOVED by the Vice-Chairman and was duly seconded that the recommendation in the report, as amended, to grant permission subject to conditions be adopted. The motion was put to the vote and it was unanimously

Resolved: That planning permission be GRANTED subject to the following conditions:-

1)         This planning permission is granted for a temporary period of three years only, from the date of this permission. By the date this permission expires, stables, structures, materials and equipment brought on to the land in connection with the use hereby approved, shall be removed and the site shall be restored to its previous condition, or restored in accordance with a scheme that has been submitted to and approved in writing by the Council.

Given that the very special circumstances in this case clearly outweigh the harm to the openness of the Green Belt and any other harm.

2)         No commercial activities shall take place on the land, including the storage of materials, other than the keeping of horses in need for isolation.  The use only enure the benefit of the applicants, Mr Albert Coates (Jnr) and Ms Amy Coates (nee Broomfield).

To preserve the visual appearance of the area as supported by EN1 of the Sevenoaks District Local Plan.

3)         No external lighting shall be installed on the land until such details have been submitted to and approved by the Council. The installation of external lighting shall only be carried out in accordance with the approved details.

To preserve the visual appearance of the area as supported by EN1 of the Sevenoaks District Local Plan.

4)         Within four months of the date of this permission a scheme for the storage and disposal of manure from the land shall be submitted to for its approval in writing by the Council.  The approved scheme shall be implemented in full and thereafter maintained.

To protect the amenity of the area as supported by EN1 of the Sevenoaks District Local Plan.

5)         The development hereby permitted shall be carried out in accordance with the following approved plans: 1131/01 received on 03 April 2012

For the avoidance of doubt and in the interests of proper planning.

6)         Within three months of the date of this decision details of a timetable of works for remedial measures as proposed by section 9 of the submitted SEC report dated 24/06/12  shall been submitted to and approved in writing by the District Planning Authority.  The remedial measures shall be implemented in full in accordance with the approved details and maintained thereafter.

Reason:  In the interests of pollution and safety, as supported by policy NR10 of the Local Plan.