Agenda item

Conversion of barn to dwelling (Resubmission of 1/0654/2023/FUL – Agricultural Building at Grid Reference, Torrington, Devon

The following Councillors had attended the virtual site visit:

Councillors:  R Lock, P Hames, D Bushby, C Wheatley, C Leather, K Hepple and W Lo-Vel

The recording was forwarded to Councillors J Whittaker and D Smith as they were unable to attend the virtual site visit.

Application No. 1/0366/2024/FUL - Agricultural Building At Grid Reference 251261 121636, Torrington, Devon

Interests:   Councillor Smith declared a personal interest – dual hatted – Gt. Torrington Town Council

Officer recommendation:  Refuse

The planning application had been called into Plans Committee by Councillor Bright for the following reasons:

·         The applicant believes that they have sufficient grounds to argue the case for their application to go ahead despite the comments from Environmental Protection around the noise levels of the nearby wind turbine.

·         I believe TDC Officers are compliant of following the policies and guidance given, however I cannot help but feel that the policies themselves make little sense.  A development can be granted with sound levels higher if it is built right beside a main road in an estate, compared with a single dwelling in an empty field and a distant wind turbine.

·         The sound level inside the building when development is completed will not be an issue (once the mitigations are put in place during the construction phase), it seems to be only the garden space which is of concern.

·         The sound levels outside of the development are near the limit of which is acceptable, and if the dwelling was about 50m further away, it may well be acceptable.   Because the sound levels are so close to the acceptable limit, and yet still below the noise levels of a road and will simultaneously bring an unused building back into use, this application should be scrutinised further by committee”.

The Planning Officer presented the report and informed Members of the main planning considerations and the reasoning for the recommendation of refusal.

During the debate, it became evident that Members were in support of the application stating that the applicants are aware of the wind farm and are still happy to fund the completion of the building.   They have been given advice but still wish to continue with the proposal.

The Planning Manager explained that although the applicants are wanting to convert the building, Officers have to look at the impact of future occupiers in perpetuity.  There is a risk of statutory nuisance complaints in the future which could potentially be a risk to the operation of the wind turbines.

The Environmental Protection Officer addressed comments by Members, and explained why it was considered the existing wind farm would have a detrimental impact on the living conditions of the proposed dwelling. 

The Head of Legal gave advice regarding the impact of noise.  The statutory protection regime and the planning regime do not marry up – what may be lawful in planning terms is not necessarily lawful in environmental protection terms.  The difficulty for the EP Team is that if a complaint is received there is a legal duty to investigate it and if classed at a certain level there is a legal duty to act, serve notices and prosecute.    

Following further discussion, the Committee were reminded of the need for robust conditions and policies to support a recommendation of approval.  

The Planning Manager stated that the discussion had been mainly around amenity and read to Members the Policy test – DM01 a) and b) – EP Team are saying there would be harm. Reasons are needed to emphasise why Members consider the policy has been complied with or there is a material consideration.   Policy being assessed against is harm rather than significant harm.

It was agreed that conditions be delegated to Officers in consultation with the Chair and Vice Chair.

It was proposed by Councillor Smith, seconded by Councillor Hepple that the application be approved.

A recorded vote was taken.

(Vote:  For – Unanimous)

RESOLVED

That the application be Granted subject to the wording of the conditions being delegated to Officers in consultation with the Chair and Vice Chair.

Grace Martin, applicant, addressed the Committee in support of the application