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| Chapter 10 |
| GREEN BELT |
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Introduction |
| 10.1 |
The function of Green Belts has not changed
since their inception in 1955, aiming to restrict urban sprawl and
to protect the open character of the land. Planning Policy Guidance
Note 2 'Green Belts (PPG 2)', identifies the reasons for including
land in Green Belts, which are as follows:- |
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- To check the unrestricted sprawl of large urban areas
- To prevent neighbouring towns from merging into one another
- To assist in safeguarding the countryside from encroachment
- To preserve the special character and setting of historic towns
- To assist in urban regeneration, by encouraging recycling of
derelict and other urban land
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| 10.2 |
Green Belt policies included in this plan
need to accord with PPG 2 and the broad policy statements included
within the Derbyshire Structure Plan. There is a strong presumption
against inappropriate development within the Green Belt, which will
only be allowed if it is exceptional in nature. |
| 10.3 |
The following policies apply to development
within the boundaries of the green belt, as defined by the proposals
map. |
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POLICY GB1 - GREEN
BELT |
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WITHIN THE GREEN BELT, AS
DEFINED ON THE PROPOSALS MAP, THERE WILL BE A PRESUMPTION AGAINST
INAPPROPRIATE DEVELOPMENT, EXCEPT IN VERY SPECIAL CIRCUMSTANCES WHERE
INAPPROPRIATE DEVELOPMENT CAN BE JUSTIFIED, PLANNING PERMISSION WILL
ONLY BE GRANTED FOR APPROPRIATE DEVELOPMENT AS FOLLOWS: |
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1. |
BUILDINGS ASSOCIATED WITH
AGRICULTURE OR FORESTRY PROVIDING THE PROPOSALS SATISFY THE CRITERIA
OF POLICY GB8; |
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2. |
ESSENTIAL FACILITIES FOR
OUTDOOR RECREATION, OUTDOOR SPORT AND OTHER LAND USES WHICH WOULD
PRESERVE THE OPENNESS OF THE GREEN BELT AND WOULD NOT CONFLICT WITH
THE REASONS FOR INCLUDING LAND WITHIN THE GREEN BELT; |
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3. |
NEW DEVELOPMENT ON PREVIOUSLY
DEVELOPED OR BROWNFIELD LAND WHICH REPRESENTS INFILLING OR CONSOLIDATION
PROVIDED THE PROPOSALS SATISFY THE CRITERIA IN POLICY GB2; |
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4. |
THE RE-USE OF EXISTING
BUILDINGS PROVIDED THE PROPOSALS SATISFY THE CRITERIA OF POLICIES
GB3, GB4 AND GB5; |
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5. |
NEW DEVELOPMENT TO PROVIDE
AFFORDABLE HOUSING ON 'RURAL EXCEPTIONS' SITES, PROVIDING THE PROPOSALS
SATISFY THE CRITERIA IN POLICY GB7. |
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Development Within Settlements |
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10.4 The settlements washed over by the
Green Belt, as shown on the proposals map, are functional places,
which must adapt to meet the needs of their inhabitants. Limited infill
development may therefore be acceptable provided that it does not
unacceptably compromise the objectives of the Green Belt. Each application
will be considered on its own merits and against the criteria detailed
below. However, all development will need to be visually unobtrusive,
utilising appropriate design, siting and building materials. |
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POLICY GB2 - DEVELOPMENT
WITHIN SETTLEMENTS |
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WITHIN THE SETTLEMENTS WASHED
OVER BY THE GREEN BELT, LIMITED INFILLING DEVELOPMENT WILL BE PERMITTED
WHERE ALL THE FOLLOWING CRITERIA ARE SATISFIED: |
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1. |
IT IS LOCATED WITHIN THE
BUILT UP FRAMEWORK OF A SETTLEMENT; |
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2. |
THE PROPOSAL REPRESENTS
EITHER CONSOLIDATION WITHIN THE EXISTING BUILT UP FRAMEWORK WITHOUT
INTRUDING INTO THE OPEN COUNTRYSIDE OR THE INFILLING OF A SMALL GAP
IN AN OTHERWISE SUBSTANTIALLY BUILT UP FRONTAGE; |
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3. |
THE DEVELOPMENT IS OF A
SCALE AND DESIGN WHICH RESPECTS THE CHARACTER OF THE SETTLEMENT AND
THE SURROUNDING COUNTRYSIDE; |
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4. |
THE PROPOSED DEVELOPMENT
IS APPROPRIATE TO THE GREEN BELT SETTING AND DOES NOT HAVE AN ADVERSE
IMPACT ON THE SETTLEMENT. |
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Extensions, Alterations
and Replacement Dwellings |
| 10.5 |
Planning policy is aimed at balancing
individual desire to alter or extend property against the sensitivity
of the Green Belt location. House extensions must therefore relate
sympathetically to the original building both in proportion and design.
Similarly, extensions to property which require planning permission
will need to be carefully designed in order to accord with green belt
objectives |
| 10.6 |
In the green belt, proposals for the demolition
and replacement of dwellings need to be carefully handled in order
that the special qualities of the green belt is not harmed. To avoid
this, replacement dwellings will normally be restricted to a similar
size to the dwelling being replaced. Conditions may also be imposed
requiring the re-use of the existing materials. |
| 10.7 |
In all cases, planning permission for
a replacement dwelling will include a condition requiring the demolition
of the building which is to be replaced. |
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POLICY GB3 - REPLACEMENT
DWELLINGS |
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PLANNING PERMISSION WILL
BE GRANTED FOR THE REPLACEMENT OF AN EXISTING PERMANENT DWELLING IN
THE GREEN BELT SUBJECT TO THE FOLLOWING CRITERIA BEING SATISFIED; |
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2. |
THE REPLACEMENT DWELLING
IS NOT MATERIALLY LARGER THAN THE DWELLING IT WILL REPLACE; |
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3. |
THE REPLACEMENT IS OF A
DESIGN, CHARACTER AND MATERIALS IN KEEPING WITH THE LOCAL AREA AND
DOES NOT HARM THE CHARACTER OR OPENNESS OF THE GREEN BELT; |
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WHERE PLANNING PERMISSION
IS GRANTED THIS WILL BE SUBJECT TO A CONDITION REQUIRING THE DEMOLITION
OF THE EXISTING DWELLING TO BE REPLACED AND, WHERE DESIRABLE, THE
RE-USE OF RECLAIMABLE MATERIALS. IN ALL CASES CONDITIONS WILL BE IMPOSED
TO BRING WITHIN CONTROL ALL FUTURE EXTENSIONS/ALTERATIONS TO THE BUILDING
WHICH WOULD OTHERWISE BE PERMITTED UNDER THE TOWN AND COUNTRY PLANNING
(GENERAL DEVELOPMENT) ORDER BUT WHICH MIGHT BE HARMFUL TO THE CHARACTER
OF THE GREEN BELT. |
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POLICY GB4 - EXTENSIONS
AND ALTERATIONS TO DWELLINGS |
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EXTENSIONS AND ALTERATIONS
TO DWELLINGS IN THE GREEN BELT WILL BE PERMITTED SUBJECT TO THE FOLLOWING
CRITERIA BEING SATISFIED: |
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1. |
THE PROPOSED EXTENSION
OR ALTERATION RELATES WELL TO THE EXISTING DWELLING; |
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2. |
THE PROPOSAL DOES NOT RESULT
IN DISPROPORTIONATE ADDITIONS OVER AND ABOVE THE SIZE OF THE DWELLING
AS ORIGINALLY BUILT; |
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3. |
THE PROPOSAL IS NOT HARMFUL
TO THE CHARACTER OR APPEARANCE OF THE GREEN BELT. |
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Conversions and Changes
of Use |
| 10.8 |
The reuse of buildings does not compromise
the objectives of the Green Belt and may aid the rural economy, resulting
in environmental improvement where the alternative may be vandalism
and dereliction. |
| 10.9 |
In rural areas, within the confines of
settlements, the re-use or adaptation of agricultural or other rural
buildings for new uses is generally acceptable provided the form,
bulk and general design are in keeping with their general surroundings.
In Erewash Borough the rural areas are all within green belt land. |
| 10.10 |
It is important to ensure that in permitting
such conversions the development does not have an adverse impact on
the character of the building itself or the area in which it is situated.
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| 10.11 |
Proposals for conversion which respect
local building styles and materials are more likely to be favourably
considered. The building should be large enough for the proposed use
and not require significant enlargement or alteration. It should be
structurally sound and capable of being converted without the need
for major rebuilding. |
| 10.12 |
In rural areas outside the confines of
settlements conversions and changes of use may be acceptable subject
to the building being well related to a nearby settlement, centres
of employment and accessible by means other than the private car.
In such locations the curtilage of the building will be carefully
controlled to prevent encroachment into the Green Belt. |
| 10.13 |
The re-use of existing buildings can help
sustain a changing rural economy by assisting in employment diversification
or even tourist facilities. These buildings may provide small workspaces
for either IT related businesses, craft or rural businesses or for
the type of use which may be unsuited to a conventional industrial
estate or a location within a predominantly residential area. This
type of re-use is genuine farm diversification contributing income
for the farm enterprise. Although demand within the Borough is limited,
conversion to holiday accommodation can make a significant contribution. |
| 10.14 |
Conversely, residential conversions have
a minimal impact on the rural economy and will be resisted unless
the building and/or its location are not suitable for conversion to
employment uses by reason of proximity of existing dwellings, inadequate
road access or if it can be demonstrated that there is no market demand.
The conversion of existing buildings into residential accommodation
needs to be carefully considered as it is important not to compromise
the integrity of the green belt through sporadic housing development
in inappropriate locations. It follows that conversion to a dwelling
outside the confines of a settlement may not be acceptable as it could
harm the appearance of the green belt and be contrary to sustainable
development principles, of providing housing in locations close to
community facilities, places of employment and public transport routes. |
| 10.15 |
Any new use will need to be sympathetic
to the rural character of the Green Belt. The curtilage around newly
converted buildings can itself have a harmful effect on the character
of the countryside, and care needs to be taken to ensure that ancillary
buildings, outside storage etc. is carefully controlled. A high standard
of landscaping will be required in all cases. |
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POLICY GB5 - CONVERSIONS
AND CHANGE OF USE WITHIN THE GREEN BELT |
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1. |
WITHIN THE GREEN BELT, PLANNING
PERMISSION FOR THE CONVERSION OR CHANGE OF USE OF EXISTING RURAL BUILDINGS
WILL BE PERMITTED PROVIDED ALL THE FOLLOWING CRITERIA CAN BE SATISFIED:- |
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i) |
THE BUILDING IS OF A PERMANENT AND
SUBSTANTIAL CONSTRUCTION; |
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ii) |
THE BUILDING IS BASICALLY SOUND, CONFIRMED
WHERE NECESSARY BY STRUCTURAL SURVEY AND IS CAPABLE OF CONVERSION
WITHOUT THE NEED FOR SIGNIFICANT REBUILDING OR ALTERATION; |
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iii) |
THE BUILDING IS SUFFICIENTLY LARGE TO
ACCOMMODATE THE PROPOSED USE WITHOUT THE NEED FOR SIGNIFICANT ALTERATION
OR EXTENSION TO THE BUILDING; |
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iv) |
PARTICULARLY IN THE CASE OF TRADITIONAL
FARM BUILDINGS, THE CONVERSION CAN BE CARRIED OUT WITHOUT ADVERSELY
AFFECTING THE CHARACTER OF THE BUILDING OR ITS SURROUNDINGS; |
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v) |
THE DESIGN AND MATERIALS USED IN RECONSTRUCTION
WORK ARE SYMPATHETIC TO THE ORIGINAL BUILDING; |
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vi) |
IF THE USE IS LIKELY TO GENERATE A
SUBSTANTIAL LEVEL AND INCREASE IN TRAFFIC, THE SITE SHOULD BE ACCESSIBLE
BY MEANS OF TRANSPORT OTHER THAN THE PRIVATE CAR; |
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vii) |
THE PROPOSED DEVELOPMENT DOES NOT HAVE
A MATERIALLY GREATER IMPACT ON THE OPENNESS OR CHARACTER OF THE GREEN
BELT THAN THE EXISTING USE |
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2. |
CONVERSION TO RESIDENTIAL
USE WILL ONLY BE PERMITTED WHERE THE BUILDING AND ITS LOCATION ARE
NOT SUITED FOR EMPLOYMENT GENERATING PURPOSES, DUE TO EITHER THE PROXIMITY
OF EXISTING RESIDENTIAL PROPERTY, POOR ACCESS, DIFFICULTY OF PROVIDING
SERVICES, OR IT CAN BE DEMONSTRATED THAT THERE IS NO PROVEN MARKET
DEMAND FOR SUCH A USE |
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3. |
IN ALL CASES WHERE PLANNING
PERMISSION IS GRANTED, CONDITIONS WILL BE IMPOSED TO BRING WITHIN
CONTROL ALL FUTURE EXTENSIONS/ALTERATIONS TO THE BUILDING AND STRUCTURES
WITHIN THE CURTILAGE OF THE BUILDING WHICH WOULD OTHERWISE BE PERMITTED
UNDER THE TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT) ORDER BUT
WHICH MIGHT BE HARMFUL TO THE CHARACTER OF THE GREEN BELT. |
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Extending Domestic Curtilages
into the Green Belt |
| 10.16 |
The use of agricultural land as garden
land constitutes a change of use for which planning permission is
required. In some cases this can have a particularly damaging effect
on the character and appearance of the countryside and green belt.
The following policy sets out the criteria for an acceptable proposal |
| 10.17 |
In addition whenever planning permission
is granted, conditions will be imposed requiring the submission and
approval of a sensitive landscaping scheme. This will normally utilise
only the native trees and shrubs indigenous to the locality. Conditions
will also be imposed to bring within control all structures within
the extended curtilage which would otherwise be permitted under the
Town and Country Planning (General Development) Order but which might
be harmful to the character of the green belt. |
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POLICY GB6 - EXTENDING
DOMESTIC CURTILAGES INTO THE GREEN BELT |
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PLANNING PERMISSION TO EXTEND
A DOMESTIC CURTILAGE INTO THE GREEN BELT WILL ONLY BE PERMITTED WHERE
ALL OF THE FOLLOWING CRITERIA CAN BE SATISFIED: |
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1. |
THE PROPOSAL WOULD NOT HARM
THE OPEN CHARACTER OF THE GREEN BELT; |
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2. |
THE PROPOSAL REPRESENTS
LOGICAL ROUNDING OFF OR CONSOLIDATION COMPARED WITH EXISTING NEIGHBOURING
RESIDENTIAL CURTILAGES; |
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3. |
EXTENDED CURTILAGE IS NOT
DISPROPORTIONATE COMPARED TO THE ORIGINAL CURTILAGE OF THE DWELLING; |
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IN ALL CASES WHERE PLANNING
PERMISSION IS GRANTED CONDITIONS WILL BE IMPOSED TO; |
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i) |
REQUIRE THE MAINTENANCE
OF ANY EXISTING TREES AND HEDGEROWS AND ANY NEW PLANTING REQUIRED
BY CONDITIONS ATTACHED TO THE PERMISSION AND; |
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ii) |
PREVENT ANY BUILDINGS OR
STRUCTURES BEING ERECTED WITHIN THE GARDEN EXTENSION WITHOUT WRITTEN
AGREEMENT OF THE BOROUGH COUNCIL. |
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| 10.18 |
Planning Policy Guidance Note 3 'Housing',
identifies that in many rural areas there may be difficulties in securing
an adequate supply of affordable housing to satisfy local need. In
these circumstances the local planning authority may consider the
release of small scale sites, which the development plan would not
normally allocate for housing, to satisfy local need. In doing so
the authority would need to be satisfied that there are adequate arrangements
that the housing in question meets local need both initially and subsequently.
It is essential that any housing provided relates well both in scale
and design to the existing settlement. Local, for the purposes of
this policy, is taken to mean the housing demand within or adjacent
to any settlement, whilst need will have to be proved by a developer
via a housing needs survey. Ideally the need identified should be
attributable to the settlement or adjacent settlements, to which the
proposed development relates. |
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POLICY GB7 - LOW COST
HOUSING IN THE GREEN BELT |
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LOW COST HOUSING WITHIN
THE GREEN BELT MAY BE PERMITTED ON LAND THAT WOULD NOT OTHERWISE BE
RELEASED FOR DEVELOPMENT, PROVIDED THAT; |
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1. |
IT MEETS A GENUINE DEMONSTRABLE
LOCAL HOUSING NEED THAT COULD NOT OTHERWISE BE MET; |
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2. |
THE DWELLING REMAINS IN
THE LOW COST SECTOR IN PERPETUITY; |
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3. |
THE PROPOSAL IS SMALL IN
SIZE AND RELATES WELL TO THE EXISTING SETTLEMENTS IN TERMS OF DESIGN
AND SCALE; |
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4. |
THE PROPOSAL IS NOT HARMFUL
TO THE CHARACTER OR APPEARANCE OF THE GREEN BELT; |
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5. |
THAT THE DEVELOPMENT DOES
NOT RESULT IN UNACCEPTABLE COALESCENCE OR THE NARROWING OF AN IMPORTANT
OPEN BREAK. |
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APPLICANTS MUST PROVIDE
EVIDENCE OF HOW THE DWELLINGS WILL REMAIN AFFORDABLE IN PERPETUITY
AND PLANNING PERMISSION WILL ONLY BE GRANTED SUBJECT TO LEGAL AGREEMENTS
TO ENSURE THAT THEY REMAIN AFFORDABLE IN PERPETUITY. |
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Agricultural Development |
| 10.19 |
Many agricultural and forest practices
and developments are permitted development and do not require planning
permission. Generally, only the largest buildings (over 465 square
metres) require formal planning permission. However, the prior notification
system introduced in 1991 enables the Borough Council to influence
the siting, design, materials and landscaping ( though not the principle
of the development). The Council will continue to use these controls
in a manner which is sympathetic to the needs of the industry whilst
seeking to safeguard the appearance of the green belt. The following
policy will apply to those developments that require planning permission.
In granting planning permission, the planning authority will seek
to ensure that the development does not imitate that of a dwelling
(i.e. built with brick walls and tile roof), in order to prevent future
change of use to a dwelling house. |
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POLICY GB8 - AGRICULTURAL
DEVELOPMENT. |
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PLANNING PERMISSION WILL
NORMALLY BE GRANTED FOR NEW AGRICULTURAL BUILDINGS SUBJECT TO THE
FOLLOWING CRITERIA BEING SATISFIED: |
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1. |
THE PROPOSED DEVELOPMENT
DOES NOT ADVERSELY IMPACT ON THE VISUAL AMENITY OF THE GREEN BELT; |
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2. |
THE BUILDING IS OF A FORM,
DESIGN, MATERIALS AND CHARACTER APPROPRIATE TO ITS AGRICULTURAL FUNCTION
AND GREEN BELT LOCATION; |
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3. |
THE BUILDING IS REQUIRED
TO SUPPORT THE AGRICULTURAL ACTIVITY ON THE HOLDING |
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WHERE PERMISSION IS GRANTED
CONDITIONS WILL BE IMPOSED TO REQUIRE LANDSCAPING WORKS TO BE CARRIED
OUT, APPROPRIATE TO THE LANDSCAPE CHARACTER OF THE AREA. |
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