Agenda item

To consider the report of the Head of Planning Services.

(Report circulated)

Councillor Robson declared a prejudicial interest as she lives adjacent to the site and left the meeting during discussion of the item.

Councillor Mrs Henson declared a personal interest as the applicant’s parents were known to her.

The Head of Planning Services presented the application for a multipurpose equestrian arena and farm access road at Rollestone Farm, Pennsylvania Road.

The proposed multipurpose equestrian arena was on an area of hardcore which would be 60 x 40 metres and would have a sand and rubber flooring with post and rails and boundary planting. The arena would be used by the applicant’s horses and those that were in livery. The applicant proposed to hold one horse breeding event per year. The applicant anticipated that the proposal would generate up to 40 traffic movements a day plus 5 agricultural traffic movements.

The proposed new access route would allow for a one way system so that vehicles would not need to exit the site via Bridleway 8.

The Head of Planning Services reported that the County Director of Environment, Economy and Culture had advised that the equestrian arena was the subject of a previous application and that there was a recommendation of refusal based on the increase in use of the bridleway/green circle route that provided access to Stoke Valley Road. Since the refusal of the previous application, the applicant and his agent have had a meeting with the Highway Authority to clarify their intentions regarding the proposed operation of the equestrian arena and addressed the previous concerns relating to traffic generation and methods of operation with a view to minimising any impact on the bridleway access.

The County Director of Environment, Economy and Culture advised that, subject to the following recommendations being incorporated into an appropriate legal agreement, the proposal was now acceptable from a highway view. These were:-

·        The use was solely for the schooling of applicant’s own horses and customers’ liveried horses to provide training, schooling, dressage and show jumping practice;

·        An exit route to be introduced to the north of Rollestone House to reduce the impact of traffic movements along the bridleway and improve emerging visibility from and of vehicles, as illustrated on drawing number 28D-003; and

·        When the applicant was holding a Breed Society grading event and/or similar, he would give notice to the Highway Authority together with details/locations of any marshals/stewards that were to be located along the bridleway system for safety purposes (in accordance with details to be agreed).

After discussions with the Head of Leisure and Museums, it had been agreed that condition 7 should be modified to require a wildlife management plan to cover the whole agricultural holding and not just the application site. 

The recommendation was for approval subject to a Section 106 Agreement regarding the arena to be for the sole use of the schooling of applicant’s own horses and customers’ liveried horses, an exit route to be introduced to the north of Rollestone House, and when the applicant was holding a Breed Society grading event and/or similar that would introduce additional traffic along the bridleway access route, he would give twenty one days notice in writing to the Local Planning Authority and the Highway Authority. There was also an amendment to condition 7 to require a wildlife management plan to cover the whole agricultural holding.

Mr Amer (representing Bridleway 8 & Exeter Green Circle Action Group) spoke in opposition to the application. He raised the following points:-

• Bridleway 8 was inadequate and would not be able to take the amount of traffic this proposal would generate
• this proposal was contrary to TR10 of the Devon County Structure Plan
• an alternative route over the applicants’ land should be found to access the site
• the proposed arena represented the destruction of a greenfield site which had an existing unauthorised use
• the proposal had a lack of landscaping
• this would cause a hazard for the users of Bridleway 8 and the Exeter Green Circle and would be detrimental to its use.

Mr J Whilding (agent) spoke in support of the application. He raised the following points:-

• representing the applicant Mr Arden
• the arena would be for the use of the applicant and those with livery at the stables
• had consulted with the Council’s Landscape Officer regarding the landscaping scheme which would be planted before March 2008
• any activities that had been undertaken at the site had the approval of Exeter City Council Planning Officers
• had not been made aware of any illegal activity on the site
• Devon County Council had no objection
• the proposal would provide high quality fee paying livery.

In answer to a Member’s question, Mr Whilding clarified that the applicant had met with Devon County Highways regarding the access and that they were agreeable to the one way access.

Members discussed the merits of the one way access and if the new proposed access could be two way. A Member also raised a question regarding whose responsibility bridleways and the Exeter Green Circle Route were.

The Director of Economy and Development confirmed Bridleways were the responsibility of Devon County Highways and that the Exeter Green Circle Route was provided by a partnership between Devon County Council and Exeter City Council.

RESOLVED that planning permission for a multipurpose equestrian arena and farm access road be approved subject to a Section 106 Agreement regarding the arena to be for the sole use of the schooling of applicant’s own horses and customers’ liveried horses, an exit route to be introduced to the north of Rollestone House and and , when the applicant was holding a Breed Society grading event and/or similar that would introduce additional traffic along the bridleway access route, he would give twenty one days notice in writing to the Local Planning Authority and the Highway Authority to the access management arrangements and the following conditions:

1)         The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted.

Reason: To ensure compliance with sections 91-92 of the Town and Country Planning Act 1990.

2)         The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details shown on drawing numbers 28D-003, PH3B-002 and PH3B-001 Rev B, as modified by other conditions of this consent.

Reason: In order to ensure compliance with the approved drawings.

3)         Samples of the materials it is intended to use externally in the construction of the development shall be submitted to the Local Planning Authority and the development shall not be started before their approval is obtained in writing and the materials used in the construction of the development shall correspond with the approved samples in all respects.

Reason: To ensure that the materials conform with the visual amenity requirements of the area.

4)         A detailed scheme for landscaping, including the planting of trees and/or shrubs, the use of surface materials and boundary screen walls and fences shall be submitted to the Local Planning Authority and no development shall take place until the Local Planning Authority have approved a scheme; such scheme shall specify materials, species, tree and plant sizes, numbers and planting densities, and any earthworks required together with the timing of the implementation of the scheme. The landscaping shall thereafter be implemented in accordance with the approved scheme in accordance with the agreed programme.

Reason: To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.

5)         In the event of failure of any trees or shrubs, planted in accordance with any scheme approved by the Local Planning Authority, to become established and to prosper for a period of five years from the date of the completion of implementation of that scheme, such trees or shrubs shall be replaced with such live specimens of such species of such size and in such number as may be approved by the Local Planning Authority.

Reason: To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.

6)         The development hereby approved shall be for the sole use of the applicant and those who have horses on livery at the farm.

Reason: Intensification of the access would be unacceptable in this location.

7)                  No development shall take place until a Wildlife Plan, for the whole agricultural holding, which demonstrates how the proposed development will be managed in perpetuity to enhance wildlife has been submitted to and approved by the Local Planning Authority.  Thereafter the development shall be carried out entirely in accordance with the approved plan.

Reason: In the interests of protecting and improving existing, and creating new wildlife habitats.” 

(Report circulated)