DECISION: GRANT (FULL PLANNING)

CONDITIONS:

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

Reason: In accordance with section 91 of the Town and Country Planning Act 1990 (as amended by section 51 of the Planning and Compulsory Purchase Act 2004).

2.    The development hereby permitted shall be carried out in accordance with the following approved plans and details:

Location Block Plan Drawing No. 6440 / LBP / F dated Jan 21

Proposed Site Plan Drawing No. 6440 / 21 / 2 / A dated Feb 21

Proposed Kennels Drawing No. 6440 / 1 / B dated Aug 20

Reason: For the avoidance of doubt and in the interests of proper planning.

3.    The materials to be used in the construction of the external surfaces of the development hereby permitted shall be as described within the application, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To maintain the characteristics and the visual amenities of the surrounding area in accordance with Policies OSS4 (iii) of the Rother Local Plan Core Strategy (2014).

4.    No floodlighting or other external means of illumination of the kennels or external exercise areas hereby permitted shall be provided, installed or operated at the site without further planning permission.

Reason: To prevent light pollution in the interests of the amenities of adjoining residents and to protect the dark sky environment within the High Weald Area of Outstanding Natural Beauty in accordance with Policies OSS4 (ii) (iii), RA3 (v) and EN1 (i) (vii) of the Rother Local Plan Core Strategy and Policies DEN1, DEN2 and DEN7 of the Rother Development and Site Allocations Local Plan.

5.    No dogs shall be accepted/collected outside the hours of 08:00 to 10:00 and 17:00 to 18:30 hours.

Reason: To protect the amenities of the occupiers of nearby residential properties in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy and Policy DEN7 of the Rother Development and Site Allocations Local Plan.

6.    The dog kennel shall accommodate no more than 25 dogs at any one time.

Reason: To protect the amenities of the occupiers of nearby residential properties in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy and Policy DEN7 of the Rother Development and Site Allocations Local Plan.

7.    There shall be no more than one dog in each of the 16 kennels unless dogs are from the same household.

Reason: To protect the amenities of the occupiers of nearby residential properties in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy and Policy DEN7 of the Rother Development and Site Allocations Local Plan.

8.    A maximum of five dogs shall be permitted in external areas for exercise at any one time.

Reason: To protect the amenities of the occupiers of nearby residential properties in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy and Policy DEN7 of the Rother Development and Site Allocations Local Plan.

9.    Prior to the kennels hereby approved being brought into use they shall achieve an equivalent or better attenuation standard than detailed in the below table, details of which shall be submitted to and approved in writing by the Local Planning Authority. To achieve this standard the works listed below should also be undertaken and where such standards cannot be achieved additional details of noise mitigation shall be submitted.  The kennel noise-mitigation shall thereafter be maintained in accordance with the approved details for the life of the approved development and shall not be altered without the prior written approval of the Local Planning Authority.

·         The kennel roof will be constructed of two corrugated metal panels with 60mm of Celotex in between.

·         The main barn door will also be internally double glazed to further reduce sound.

·         The kennel wall will be constructed as detailed on Drawing No. 6440 / 1 / B.

Reason: To protect the amenities of the occupiers of nearby residential properties in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy and Policy DEN7 of the Rother Development and Site Allocations Local Plan.

10.While the dogs are in the paddocks an accredited staff member trained in methods of engaging with the animals in order to reduce barking will be present at all times.

Reason: To protect the amenities of the occupiers of nearby residential properties in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy and Policy DEN7 of the Rother Development and Site Allocations Local Plan.

11.Before the proposed paddocks are brought into use, partitions will be installed internally as detailed on Drawing No. 6440 / 21 / 2 / A to prevent the dogs from seeing each other to reduce barking.

Reason: To protect the amenities of the occupiers of nearby residential properties in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy and Policy DEN7 of the Rother Development and Site Allocations Local Plan.

12.Prior to the paddocks hereby approved being brought into use details of paddock noise mitigation shall be submitted to and approved in writing by the Local Planning Authority. Details shall include paddock fencing constructed to be at least 2.4m high and meets the following criteria for at specific one-third octave bands. The paddock noise-mitigation shall thereafter be maintained in accordance with the approved details for the life of the approved development and shall not be altered without the prior written approval of the Local Planning Authority.

Thickness and density of panels and cover strips used in timber barriers in order to achieve the standards and criteria specified above, it is likely that the timber elements of the proposed barrier will need to be constructed as follows:

Spruce

Abutting panels not less than 30mm thick, with joints sealed by cover strips not less than 30mm thick, and the strip extending not less than 25 % over adjacent panels.

Tongued and grooved panels to be not less than 35mm.

Douglas Fir

Abutting panels not less than 22mm thick, with joints sealed by cover strips not less than 22mm thick, and the strip extending not less than 25% over adjacent.

Reason: To protect the amenities of the occupiers of nearby residential properties in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy and Policy DEN7 of the Rother Development and Site Allocations Local Plan.

NOTES:

1.    The Applicant should note the granting of this planning permission does not in any way indemnify against statutory nuisance action being taken should substantiated complaints within the remit of part III of the Environmental Protection Act 1990 be received. For further information please contact the Environmental Health Service.

2.    The Applicant is reminded of the need to submit a further planning application for any floodlighting or any other external lights that may be required to serve the kennels and external exercise areas.

NATIONAL PLANNING POLICY FRAMEWORK: In accordance with the requirements of the National Planning Policy Framework (paragraph 38) and with the Town and Country Planning (Development Management Procedure) (England) Order 2015, the Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

(Councillor Johnson declared a Personal and Prejudicial Interest in so far as he was a personal friend of the Applicant’s father and in accordance with the Members’ Code of Conduct left the meeting during the consideration thereof).