Agenda item

The Chairman then invited the Planning Officer to introduce item 6 (b) on the agenda (application 146223) seeking planning permission for a new training centre, office, staff welfare facilities and storage building, 2 new glass houses and 1 dwelling with detached garage (resubmission of application number 144113), at Rudies Roots Nurseries, Scothern Road, Nettleham. The application had been referred to the Committee for consideration as it had been considered that this involved a finely balanced decision.

The Chairman welcomed the first of two speakers, Parish Councillor Mrs White, Chairman of Nettleham Parish Council who addressed the Committee along the following lines:-

“Good evening.  This is an account of the involvement of Nettleham Parish Council. in this and the previous application, and my own as the former District Councillor. The original application 144113 including the house, had been considered by the Nettleham Parish Council meeting on 22 February 2022.  The minutes referred to the same comments made in relation to the present application. This proposal seeks to expand on a successful agricultural business and incorporate a new house which could be considered contrary to D5 of the Nettleham Neighbourhood Plan. That was a 2016 Plan relating to building in the open countryside. However, this is a building associated with an agricultural business and so potentially subject to the rural exemption.  Therefore so long as there is a condition on any approval that the house cannot be sold separately from the business, the Parish Council would have no objection.

There was no thought of calling it in at that point, as it was thought permission would be granted.  As the then District Councillor, I was contacted during the process by the agent and the landowner who had been told that the application was likely to be recommended for refusal unless the applicants removed the house.  I expressed my surprise to the Planning Officer, as there were examples of planning permission having been granted in similar scenarios; in fact the adjacent house nearer the village, “Cherries House” had been built after outline planning permission had been granted under the rural exemption in 1998.  The applicant had eventually decided to remove the house from application 144113 in order to get planning permission for everything else and this was granted on 23 January 2023.  The present application 146223 had been brought the 22 February 2023 meeting of the Nettleham Parish Council.

The Parish Council had submitted the same comments.  In supporting the present application, the Parish Council had asked if it could be called into the Planning Committee.   As the District Councillor I had also called it in on 13 March 2023, referring in particular to D7 now D6 of the review of the Nettleham Neighbourhood Plan (Regulation 14) housing development in Nettleham and S1 tier eight and S5 Part D of the review of the Central Lincolnshire Local Plan, which had been adopted on 13 April, 2023.

S1 one tier eight restricts development in the countryside to that, which is demonstrably essential to the effective operation of agriculture, horticulture, forestry, outdoor recreation, transport or utility services.  D6 of the review of the Nettleham Neighbourhood Plan, Point 3 states that new development outside the

existing footprint will be limited to countryside use as identified within Local Plan S5.

This is Part D - dwellings in the countryside, which sets out the evidence requirements as referred to in the officer's report on pages 51, 52 and 53.  Nettleham Parish Council supports this application.  Thank you.”

The Chairman thanked Mrs White for her contribution and then invited the second speaker, Mr R Bertins to address the Committee.  Mr Bertins commented along the following lines:-

“Good evening, ladies and gentlemen.

My name is Rudie Bertins and I own Rudies Roots Nurseries at Nettleham.  This is a family run horticultural nursery, specialising in hardy exotics and Christmas tree hire which is unique to us.  We established the business 25 years ago from scratch, involving working long hours, seven days a week.  We work with schools, charities and organisations supporting people with learning difficulties, hence the training centre.  We intend to improve on this activity.

I must say that the planning processes are a huge learning curve for me and it has taken a toll on me, trying to understand fully all of the technicalities. There are many reasons why a dwelling is essential for the effective operation of our nursery including plant welfare, security, animal welfare, job security and family welfare.   An important objective is to create a much better work life balance.

On starting the nursery we needed to put in infrastructure including a mains water supply and electricity supply.  The latter was not available to us so we opted for an off grid system involving solar and wind energy.  We are proud of our achievements in protecting the environment and have won numerous awards for this and we are very close to a zero carbon footprint.  Any excess energy is stored within a battery system which comes into use when the weather is not conducive to wind/solar energy provision (the technical aspects of which were explained in detail to the Committee).  There is a biofuel system to protect the batteries should they reach a critical position.  If these systems did not operate correctly, we would lose very valuable stock.  Last year approximately £20,000 worth of stock was lost, principally due to there being no one on site.  All these systems require a presence on site in order to protect the business and enable it to move forward.  Thank you.”

The Chairman thanked Mr Bertins for his contribution and invited the Officers to comment on what had been said so far.  However, Officers had nothing to add to the Committee report at this stage.  The application was then opened up for debate by the Committee.

Members were complimentary about the efforts made by the business to become carbon neutral and were supportive of the application.  They could appreciate the logic for having a permanent presence on site and were satisfied with the condition that restricted occupation of the dwelling to a person or persons directly associated with the operation of the nursery.

Accordingly, it was proposed and seconded and agreed unanimously that permission be GRANTED subject to the following conditions:-

Conditions stating the time by which the development must be commenced:

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To conform with Section 91 (1) of the Town and Country Planning Act 1990 (as amended).

Conditions which apply or require matters to be agreed before the development commenced:

None.

Conditions which apply or are to be observed during the course of the development:

2. With the exception of the detailed matters referred to by the conditions of this consent, the development hereby approved shall be carried out in accordance with the following drawings:

Proposed Site Plan L-ADD-075 - 04 Revision F

Dwelling Floor Plans and Elevations L-ADD-075-10

Garage Floor Plan and Elevations L-ADD-075-11

Glass House 1 Plans and Elevations L-ADD-075- 30 Rev A

Glass House 2 Plans and Elevations L-ADD-075-31 Rev A

Training Centre Floor Plans and Elevations L-ADD-075-20 Rev A

The works shall be carried out in accordance with the details shown on the

approved plans and in any other approved documents forming part of the

application.

Reason: To ensure the development proceeds in accordance with the approved plans in the interests of proper planning.

3. Prior to works above ground level full details of the proposed landscaping shown on Plan L-ADD-075 -04 Revision; to include planting plans; specifications, schedules of plants, noting species, planting sizes and proposed numbers/densities where appropriate; shall be submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be implemented before occupation of the dwelling. Any trees or plants which, within a period of five years after planting, are removed, die, or become seriously damaged or defective, shall be replaced in the next planting season with others of species, size and number as originally approved, and permanently retained.

Reason: In the interests of biodiversity in accordance with policy S60 of the Central Lincolnshire Local Plan.

Conditions which apply or relate to matters which are to be observed following completion of the development:

4. Prior to occupation of the hereby approved dwelling full details including technical drawings and specification to provide renewable power for the dwelling shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

Reason: This was given positive weight in the determination of the application.

5. The occupation of the dwelling shall be limited to a person solely or mainly working, in connection to the operation of Rudies Roots Nursery or a widow or widower of such a person and to any resident dependant.

Reason: The dwelling which is located in the open countryside where development is usually restricted was considered acceptable on this basis in accordance with policy S5 of the Central Lincolnshire Local Plan.