Forest Heath District Council TOWN AND COUNTRY PLANNING ACT, 1990 TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER, 1995 Addressee : KWA Architects Chalk Farm High Street Babraham Cambridge CB2 4AG Planning Permission Register Index No: F/2005/0662/FUL Applicant : Moulton Paddocks Estate Ltd Estate Office Home Farm Moulton Paddocks Kentford Road Newmarket Suffolk CB8 8QJ Permission is hereby GRANTED by the Forest Heath District Council as Local Planning Authority for the purposes of the above Act and Orders for development in accordance with the application dated 10 August 2005 and the plans and drawings attached thereto. DESCRIPTION OF DEVELOPMENT: Resubmission: change of use of land from agricultural to racehorse training facility with creation of 2 all-weather tracks and provision of grass gallops, car-parking, covered ride and equine swimming pool including plant room. (Major Development) LOCATION: Moulton Paddocks Kentford Road Newmarket (Parish of Moulton) Subject to compliance with the following CONDITIONS: 1 2 The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. Reason: To comply with Sections 91 and 92 of the Town and Country Planning Act 1990. No development shall take place until a scheme of soft landscaping has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include planting plans; written specifications; schedules of plants, noting species, plant sizes, proposed numbers/densities; implementation programme. The scheme shall also indicate all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in course of development. Reason: To safeguard the character of the area and to help to assimilate the development into its surroundings. Decision Date 25 November 2005 Nigel McCurdy – Head of Planning Page 1 of 4 Forest Heath District Council 3 4 5 6 7 8 No development shall take place until a scheme of hard landscaping has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include proposed finished floor levels or contours; means of enclosure; car parking layouts; hard surfacing materials; street furniture; signs; lighting; proposed and existing functional services above and below ground (e.g. drainage, power, communications cables; pipelines etc. indication lines, manholes, support etc.); retained historic landscape features and proposals for restoration - where relevant. Reason: To safeguard the character of the area and to help to assimilate the development into its surroundings. All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the Local Planning Authority. If within a period of five years from the date of planting, any trees or plants or any replacement planting is removed, uprooted, destroyed or dies (or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective) replacement trees and plants of the same species and size as that originally planted shall be planted in the new planting season, in the same place, unless the Local Planning Authority gives its written consent to any variation. Reason: To ensure a suitable scheme of implementation is agreed for the planting and to ensure the continued benefit of existing landscaping features. Except where directly affected by such access requirements as may be approved by the Local Planning Authority, the existing trees along the site boundaries shall not be uprooted or removed and shall be thereafter maintained unless otherwise agreed in writing with the Local Planning Authority protected from building operations during the course of development. Reason: To ensure that the appearance of the development is satisfactory and that it contributes to the visual character and amenity of the area, and to ensure that the private areas of the development are afforded (an acceptable measure) of privacy. No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant for the prior, written approval of the Local Planning Authority. Reason : To ensure the proper recording of archaeological remains. No development shall take place until samples of the materials to be used in the construction of the external surfaces of the extension/building hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that visually the development accords with neighbouring buildings to safeguard the character of the area. No development shall take place until details of existing ground levels (in relation to an existing datum point); proposed finished ground levels; floor slab levels; and levels at point of access/egress and thresholds for the development have been submitted to and approved in writing by the Local Planning Authority, and the development shall be completed in strict accordance with such approved details thereafter. Reason: To ensure the precise height of the development can be considered in relation to Decision Date 25 November 2005 Nigel McCurdy – Head of Planning Page 2 of 4 Forest Heath District Council 9 10 11 adjoining buildings for amenity and townscape proposes and that level thresholds and accessible environments are provided where possible. The gallops hereby approved, including the all weather tracks, shall be for the sole use of horses associated with Godolphin Management Company Limited and shall not be available for public use including race meetings in accordance with the details contained in the Planning Support Statement submitted with the planning application. Reason: The development has been considered on the basis of private use alone and the implications of general use have not been considered as part of this application. No part of the development hereby permitted shall be commenced until the existing access arrangements at Well Bottom Road have been improved, laid out and completed in all respects in accordance with drawing no. 651316/115/P1, as amended by the forthcoming safety audit to be carried out by Suffolk County Council as Highways Authority. The finally approved plan shall be submitted to and approved in writing with the Local Planning Authority prior to implementation. Thereafter the access arrangements shall be retained in the finally approved form. Reason: To ensure the free flow and safety of traffic on the public highway adjoining the site. The development shall be carried out and completed strictly in accordance with the approved details as amended by plans received 22.11.05 to the satisfaction of the Local Planning Authority unless otherwise agreed in writing with the Local Planning Authority. Reason: To ensure the complete and proper development of the site. Informatives: Any failure to adhere to the approved plans or to comply with the conditions attached to this permission/consent may lead to enforcement action being taken. This permission refers only to the provisions of Part III of the Town and Country Planning Act, 1990 and attention is drawn to the necessity (where applicable) for obtaining consent under the Building Regulations to the proposed development. Reasons for grant of planning permission The application accords with the provisions of the development plan and does not give rise to demonstrable harm to interests of acknowledged importance. The following key policies are relevant to the determination of the application and/or the imposition of the conditions listed above: Forest Heath Local Plan 1995: 3.4, 8.1, 9.1, 9.2, 12.5, 12.8 and 12.10 Suffolk Structure Plan 2001:ENV4, ENV8, ENV22 The applicant should have due regard to the advise contained in the letter from the Environment Agency dated 30th September 2005, which is attached to this consent. Decision Date 25 November 2005 Nigel McCurdy – Head of Planning Page 3 of 4 Forest Heath District Council NOTES 1. If the applicant is aggrieved by the decision of the Local Planning Authority to refuse permission or consent, or to grant permission or consent subject to condition, they may appeal to the First Secretary of State (Office of the Deputy Prime Minister). The applicant’s right of appeal is in accordance with the appropriate statutory provisions which follow: Planning Applications: Section 78 Town and Country Planning Act 1990 Listed Building Applications: Section 20 Planning (Listed Buildings and Conservation Areas) Act 1990 Advertisement Applications: Section 78 Town and Country Planning Act 1990 Regulation 15 Town and Country Planning (Control of Advertisements) Regulations 1992 Notice of appeal in the case of applications for advertisement consent must be served within eight weeks of receipt of this notice, in all other cases, notice of appeal must be served within six months of this notice. Appeals must be made on a form which is obtainable from The Planning Inspectorate, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN. The Secretary of State has power to allow a longer period for the giving of a notice of appeal but he/she will not normally be prepared to exercise this power unless there are special circumstances which excuse the delay in giving notice of appeal. The Secretary of State is not required to entertain an appeal if it appears to him/her that permission for the proposed development could not have been granted by the Local Planning Authority, or could not have been so granted otherwise than subject to the conditions imposed by it, having regard to the statutory requirements*, to the provisions of the Development Order, and to any directions given under the Order. The Secretary of State does not in practise refuse to entertain appeals solely because the decision of the Local Planning Authority was based on a direction given by him/her. 2. If permission or consent to develop land or carry out works is refused or granted subject to conditions, whether by the Local Planning Authority or by the Secretary of State and the owner of the land claims that the land has become incapable of reasonable beneficial use by the carrying out of any development or works which has been or would be permitted they may serve on the Council of the district in which the land is situated, a purchase notice requiring the Council to purchase his interest in the land in accordance with the provisions of Section 137 of the Town and Country Planning Act 1990 or Section 32 Planning (Listed Buildings and Conservation Areas) Act 1990. *The statutory requirements are those set out in Section 79(6) of the Town and Country Planning Act 1990, namely Sections 70 and 72(1) of the Act.