Agenda item

17/00140/FUL

Field OS 0850, Gaddesby Lane, Kirby Bellars

Minutes:

 

Applicant:

Mrs Katrina Cass

 

Location:

Field OS 0850, Gaddesby Lane Kirby Bellars

 

Proposal:

Erection of dwelling to replace mobile home. Previous application No: 13/00814/FUL

 

(a)       The Regulatory Services Manager stated that: Noted that there were no updates following the publication of the agenda.

Officer explained that this was an application for full planning permission for an agricultural dwelling. The site is in open countryside, remote from any settlement, where permission for a new dwelling would only be granted in exceptional circumstances.

The proposed three bedroom, detached dwelling would replace an existing mobile home on the site.

The key consideration is whether there is a proven need for a dwelling on this holding. The applicants have submitted information in support of their proposal which has been assessed by the Council’s agricultural adviser. This adviser considers that while there is a functional need for one person to live near the site and for them to be employed full-time, there are other dwellings in the local area. He considers that the proposal has not satisfied the financial test. He questions whether the income could support a dwelling and expresses concern about the temporary tenancy of some of the land used by the applicants.

It is recommended that permission should be refused.

 

(b)       Katrina Cass, the applicant, was invited to speak and stated that:

 

·         Applying for an agricultural dwelling to replace mobile home.

·         Applicant and husband farming at Kirby Bellars for 20 years.

·         Built from nothing to a headage of 60 cows and over 250 breeding ewes.

·         Produce free range eggs which are sold at the farm gate and rear nearly 100 turkeys for the Christmas market.

·         Farm over 200 acres. Consists of owned land and rented on long term 3 to 5 year FBT’s.

·         Since permission for the mobile home was granted in 2014 livestock numbers have increased considerably and have been able to take on more land.

·         Aside from working on the farm and as part of the farm diversification her husband is an agricultural contractor. The contracting business, materials and equipment are based at the farm.

·         Farm accounts and those of the contracting business prove that there is a considerable profit. Enough to sustain the proposed dwelling. No debts, overdrafts, mortgages or loans therefore financially viable.

·         Family orientated business. Son is agricultural engineer who maintains the farms machinery and daughter provides support with lambing and livestock management. Daughter wants to carry on the family business.

·         Report incorrectly states timber cabin style building. Actually modest 3 bedroom house.

·         There is a long term essential need to live at our place of work.

·         Would enhance the rural character of the area, not erode as stated in the report.

·         Pass farm down through family.

·         Viable, profitable and sustainable.

·         Welfare of stock could be compromised if unable to live on site.

·         A farm of this size needs a dwelling.

 

Cllr Higgins asked for a point of clarification regarding where the family had been living prior to residing in the mobile home.

Mrs Cass responded that they had been living in the mobile home since 2014. Lived in Asfordby prior to this.

Members asked how many more acres they had taken on and also for clarification of the FBT’s.

Mrs Cass responded 160 acres around the farm and that FBT’s aren’t normally for any longer than 5 years and then they can be renewed.

The Regulatory Services Manager noted that the financial report raised concerns as it stated profits are minimal. Key concerns regarding viability. FBT’s less than 10 years raises concerns regarding their land and associated income.

Cllr Rhodes proposed to permit the application and added that he was impressed with the applicants account of the farm, however was not impressed with the financial experts comments. Small businesses need effort and commitment to expand. The business appears to be improving. Land for rent is invariably for 5 years.

Cllr Holmes seconded the proposal and added that it does take a long time to build up a farming business. With regards to the financial concerns, Mr Cass’s contacting business may be paying for the house but that is not the business of the Members.

The Chair asked for clarification if the financial report had taken in to account the farm and Mr Cass’s business.

The Regulatory Services Manager responded that Mr Cass’s agricultural contracting income does not need to be taken in to account as it is not directly related to the farm holding and doesn’t need to be located there.

A Member noted that the contracting business would need to be based at the place they were living due to security. Also have to live on site to look after livestock.

A Member noted that the speaker and the report are contradictory. No guarantee that tenancies will be renewed after 3 or 5 years. Agricultural contracting business can provide income to the holding. When calving and lambing is taking place someone needs to be there, however we need further financial clarification of how it can be afforded before being able to make a decision.

The Regulatory Services Manager commented that there is a functional need for the dwelling, in terms of the test for looking after animals. However there are concerns regarding the sustainability of the business with regards to finance, particularly the purchase and maintenance of the dwelling.

Some Members offered their support for the following reasons - pleased to see it passes a functional test. Few guarantees in life sometimes need to take risks. Family business, where they work very hard. They are choosing to live in the area so are aware of the villages sustainability. They have no mortgage or other debts. Keeping the family together and giving employment.

A Member raised concerns regarding the professionalism of the report as discrepancies in the explanation from the applicant. Need to be able to rely on reports accuracy.

A Member noted that they valued Cllr Holmes’ and Cllr Botterill’s industry knowledge. Parents tend to stay in the farm house and then the children need a house to carry on the farming business. There are other dwellings available in the area. Agree that the family are very hardworking however it is in the public interest not to allow houses to be built all over the countryside. Also noted on the site visit that there were no steps to access the caravan accommodation.

A Member raised concerns regarding the financial report and noted that there were no figures.

The Chair responded that finances are private and if they were disclosed it wouldn’t be able to be at a public meeting.

A Member noted that officers had advised that the application was not viable for a reason.

A Member noted that there is an established functional need to live near the site and that it needs to be a full time worker. There are profits and losses in farming however there is the contracting business as well. No new farming business will go anywhere if they don’t get the support in the early years to make the business work.

The Chair noted that there was enough information in the report to determine the application.

A vote was taken. 7 Members voted in favour to permit and 3 voted against permit. Cllrs Higgins, Botterill and Cumbers requested that their votes against permit be recorded.

Cllr Rhodes noted that the reason for his proposal to permit is that he believed that the additional income from the contracting business should be taken in to account.

DETERMINATION: PERMIT, subject tot conditions including an agricultural occupancy condition, and other relevant conditions delegated to officers to issue the decision, for the following reasons:

 

The application seeks full planning permission for a dwelling in the open countryside to provide accommodation for the existing farms family.  Based on the evidence of the need for the dwelling, the proposal is acceptable under Para 55 of the NPPF and policy OS2 of the Melton Local Plan, which seek to allow for new housing in the open countryside, only where development is essential to the operational requirements of agriculture, and specifically in relation to a dwelling where there is a long term essential need for a rural worker to live at or close to their place of work. 

           

Supporting documents: