Agenda item

To receive the report of the Chief Planning Officer for the variation of condition 2 (approved plans) of approval 15/04498/FU to facilitate minor material amendments including retention of existing gas governor, reconfiguration of car park, additional plant equipment to roof and alterations to elevations at 47 Thorner Lane, Scarcroft, Leeds, LS14 3AN.

(Report attached)

The report of the Chief Planning Officer asked Members to consider an application for the change of use of dwelling, land and outbuildings used for a fish farm to use as a single dwelling with garden and domestic outbuildings, including removal of condition 3 of approval 33/336/03/FU, 47 Thorner Lane, Scarcroft.

Members had previously visited the site. The Panel were shown photographs and slides.

One objection had been received which was set out at 6.1 of the submitted report.

Scarcroft Parish Council had made comments to the Council which were set out at 6.2 of the submitted report.

Members were advised that the site was located in the green belt and had a lengthy planning history which was listed at 4 of the submitted report.

The proposal was to change the use of buildings formerly used for fish farming to domestic use and to remove the condition on the dwelling which restricted occupancy to those employed by the business. This would result in the use of the application site as a C3 dwelling with unrestricted occupancy. The application also proposed the change of use of land to form a domestic garden and the infilling of the central pond to facilitate the new use.

Members were informed that the applicant had invested a large sum of money but unfortunately the fish farm was not viable as a business.

The Panel heard from Dr Wilson a neighbour she informed the Panel of her concerns as follows:

·  This would be inappropriate development within the Green Belt

·  There would be a loss of habitat and an increase in biodiversity

·  The dwelling was a five bed property which would accommodate a large family

·  To infill the ponds would require a large vehicle which would damage habitats.

·  Dr Wilson was of the view that there had never been a fish farm business on the site

·  Condition 3 in relation to occupancy would limit the amount of people that would be able to occupy the land

The applicant addressed the Panel explaining that he had bought the business in good faith investing large sums in new stock. Some of this stock was sold and some kept for breeding. Many of the fish died and it was deemed that the quality of the water supplied to the ponds from the beck was the cause. The water from the beck had been tested and was found to contain ammonia.

Cllr. R Procter told the Panel Members that she wished for the middle pond to be filled for reasons of health and safety.

The applicant explained that when the house had been sold at auction is was noted that the land came with an arterial spring. However, this did not appear to be true and the only water that could be used to fill the ponds was the water from the beck which was now contaminated. Members advised that the water would not be good until 2023.

The applicant told the Panel that he had made enquiries into other business options but with no success.

The applicant informed Members that the dwelling was solely for family use.

Members noted that the shed at the bottom of the garden would remain.

Members requested that the Environment Agency be informed of the presence of ammonia in the beck.

RESOLVED - The Panel resolved to defer and delegate approval to the Chief Planning Officer as set out in the submitted report.