Agricultural contractor's yard at Oldbury, Bethersden, Ashford

What was proposed

The applicant sought retrospective permission to use the site as an agricultural contractor’s yard for storing, maintaining and deploying specialist equipment.

“Supporting information submitted by the applicant advises that the site is occupied by Zaccy Ltd, an agricultural contracting business providing a range of services to farms across Kent and East Sussex. In addition to general agricultural operations, the business undertakes specialist agricultural Figure 1: Site Location…”

“The applicant states that these activities require the use and storage of specialist plant and machinery at the site and support both the applicant’s own agricultural holding off site and third-party farms. The business employs in excess of 26 local workers, although the submitted information indicates that those workers are not based on the application site.”

Officer report

The site and surroundings

The former nursery and yard is in the countryside, with rural homes nearby, existing buildings, screening and the operational area wholly in Flood Zone 1.

“The application site comprises Oldbury, a former nursery and yard located on Brissenden Green Lane, Bethersden. The site lies outside the defined built confines of the village, within the countryside and the Bethersden Mixed Farmlands Landscape Character Area (Low Weald). 3.”

“The operational area subject to this application is located wholly within Flood Zone 1. Whilst parts of the wider landholding extending north towards the River Beult fall within Flood Zones 2 and 3, those areas do not form part of the application site for the purposes of this application. 6. The site is currently used for storage and workshop purposes. An enforcement notice is in place relating to the unauthorised use of the buildings and land.”

Officer report

Earlier applications and enforcement

Earlier business, storage and building proposals were refused, while enforcement action against utility and hydraulic-rams businesses was upheld on appeal in 2019.

“EN/15/00110 - Without planning permission, the material change of use of the land to a use for the operation of a utility installation business and for the operation of a business manufacturing, servicing and repairing cylinders for hydraulic rams and for the storage, repair and maintenance of vehicles and equipment associated with those business uses.”

“The site was previously the subject of enforcement action relating to the operation of a utility installation business and a hydraulic ram repair business. An Enforcement Notice was upheld on appeal in 2019, with the Planning Inspector concluding that those activities caused unacceptable noise impacts on neighbouring occupiers.”

Officer report

Who spoke

The ward member, who was not on the committee, read the parish council’s statement and spoke against the application.

What members discussed

Committee members raised concerns about the site’s working days and hours, noise levels and effects on nearby homes.

“Members of the Committee raised concerns about the site’s working days and hours, noise levels, and the impact on nearby homes.”

Minutes

Why the decision was deferred

The committee deferred the application for further discussions with the applicant about noise mitigation and working days and hours.

“Defer determination of the application pending further discussions with the applicant regarding noise mitigation and days/hours of working.”

Minutes