REPORT OF THE HEAD OF PLANNING SERVICES TO DEVELOPMENT CONTROL COMMITTEE
|
1 |
TCP/22638/D P/00527/04 Parish/Name: Brading Registration Date: 12/03/2004 -
Full Planning Permission Officer: Mr. C. Boulter Tel: (01983) 823575 Variation of condition no.2 on TCP/22638C to allow occupancy of one
caravan for use as managers accommodation all year round Whitefield (part of Whitefield Woods), Brading Road, Ryde, PO33 |
REASON FOR COMMITTEE CONSIDERATION
Report requested by local Member, Councillor Joyce, who wishes this
matter to be considered by Members given Town Council's objection to proposal.
PROCESSING INFORMATION
This is a minor application, the processing of which will have taken 16
weeks to date. This has gone beyond the
prescribed 8 week period for determination of planning applications because of
the need to obtain additional information from the applicant, the local
Member’s request for Committee determination and deferral for site
inspection.
LOCATION AND SITE CHARACTERISTICS
A woodland site of some 10 hectares situated on eastern side of Brading
Road/Beeper Shute lying immediately north of Beeper Farm Campsite and
straddling Galleyhorn Lane. Site
comprises predominantly conifer/deciduous woodland with cleared forecourt area
with access to site adjacent junction of Galleyhorn Lane, which is a bridleway,
with Brading Road. There is a degree of
commercial activity in the area closest the entrance and roadways have been
cleared within the woodland area to facilitate approved development.
RELEVANT HISTORY
AGN/22638/A/IW/P729/98 – Agricultural prior notification for erection of
storage building, June 1998.
TCP/22638/P730/98 – Continued use of land for forestry with seasonal
camping and touring caravan site; retention of office accommodation and
provision of cabin for manager’s accommodation and new forestry building,
refused July 1999. Appeal dismissed
with the Inspector concluding that proposed tent and caravan pitches would be
consistent with aims of the UDP and would not have a harmful effect on the
character of the area or undermine or put at risk the relevant policies in the
existing or emerging Development Plan.
However, he dismissed the appeal because of the proposed temporary
residential accommodation, provision of which he concluded did not outweigh
those policies that seek to prevent isolated residential development in the
countryside.
TCP/22638/B/P625/99 – Use of land for continued forestry operations with
seasonal camping and touring caravan site; retention of office accommodation
and provision of cabin for manager’s accommodation; new forestry building,
refused July 1999 for reasons of unjustified exception regarding residential
development, contrary to the Development Plan and potential precedent. Subsequent appeal withdrawn.
TCP/22638/C/P1758/99 – Use of land for continued forestry operations
with seasonal camping and touring caravan site; retention of 2 cabins for
storage and washing/toilet facilities; relocation of office cabin and new forestry
building, approved with conditions January 2000. Relevant condition is No. 2:
“This permission
shall not authorise the use of the land as a site for tented camping or for the
stationing of touring caravans except during the period from 1st
March to 31st October in each year.”
The reason for this condition was:
“The use of the site
for the permanent stationing of caravans or tents would conflict with the
emerging policy of the Unitary Development Plan in respect of such sites.”
DETAILS OF APPLICATION
Consent sought to vary the terms of condition 2 of TCP/22638/C (quoted
above) to allow occupancy of one caravan as manager’s accommodation all year
round.
DEVELOPMENT PLAN/POLICY
PPG3 and the Isle of Wight Unitary Development Plan seek as a matter of
principle to resist residential development in the countryside, unless it is essential
for the proper running of businesses dependent on the countryside for their
location. This would include
agricultural activity and, in certain circumstances, tourism related
development.
The site is outside the development envelope defined in the UDP and is
within Parking Zone 4. Relevant
policies are as follows:
S1 - New Development concentrated in Urban
Areas;
S4 - Countryside Protected from Inappropriate Development;
G1 - Development Envelopes for Towns and
Villages;
G5 - Development Outside Defined Settlements;
D2 - Standards for Development within Site;
H9 - Residential Development outside Development
Boundaries;
H12 - Mobile Homes and Residential Caravans;
T8 - Ancillary Development associated with
Tourism Uses;
C1 - Protection of Landscape Character;
C8 - Nature Conservation as a Material
Consideration;
TR7 - Highway Considerations for New Development;
TR16 - Parking Policies and Guidelines.
CONSULTEE RESPONSES
Forest Enterprise has supported previous proposals on site which would
aid woodland enterprise, manager’s presence is essential, although cannot say
all year occupancy is necessary.
PARISH/TOWN COUNCIL COMMENTS
Brading Town Council suggests that evidence of need for manager’s
accommodation should be provided. As
tourist business has not yet started, no evidence of need can be submitted or
justified.
THIRD PARTY REPRESENTATIONS
Islandwatch object – could be thin end of wedge for some sort of
development of the site.
CRIME & DISORDER IMPLICATIONS
No crime and disorder implications are anticipated.
EVALUATION
LPA has consistently rejected all year round manager’s accommodation on
this site (refusal in 1998 and 1999) and such accommodation was excluded from
the submission approved in 2000. In the
appeal which was dismissed in 1999, the Inspector commented that “… the need
for the proposed temporary residential accommodation on the site in association
with the proposed forestry and tourist activities does not outweigh those
policies that seek to prevent isolated residential development in the
countryside”.
The applicant now draws attention to the permitted use of the site
(forestry and seasonal camping and touring caravan site) and submits that
temporary living accommodation for forestry workers/management is already
allowed, presumably under the GPDO.
He advises that the woodland will soon be open for camping and that on
site management will certainly be essential from 1 March to 31 October, and
that camping areas will need attention and supervision throughout the
year. He has also submitted results of
a survey of camping/caravan/holiday sites on the Island, identifying those where
manager’s accommodation exists on site.
Of the 22 operators contacted, 16 had year round accommodation on or
adjacent the site, for management purposes.
The applicant’s research revealed no similar site of similar capacity
for touring vans and tents without either management or owner on site throughout
the year. A copy of the information
submitted by the applicant is attached to this report as an appendix.
The condition restricting residential occupation of the touring caravans
to the summer season was imposed in 2000 because to do otherwise would be
contrary to the emerging policies of the UDP.
The UDP has now been adopted, with stringent policies protecting the
countryside from inappropriate development and restricting residential
development to specified areas, unless overriding need can be shown. The reasons for the imposition of the
condition in 2000 therefore still remain valid, but must be seen in the context
of other policies of the plan which allow exceptional residential development
for specific purposes.
This whole argument regarding the need for manager’s accommodation was
rehearsed at the 1999 appeal hearing and failed to convince the Inspector that
there was sufficient functional need to set aside the policy regarding
residential development in the countryside.
Specific information has now been submitted on this issue. The UDP in policies G5(a)(c) and (h), H9(d)
and T8 recognises that ancillary development, including residential
development, can be necessary to sustain tourist sites and the countryside’s
economy. The question which needs to be
asked is whether, if the Inspector had information supporting the need for one
van to be occupied on an all year round basis, he would have considered the
proposal an appropriate exception under those policies. The decision must be made as to whether the
residential use now proposed is essential to the approved tourist use and
therefore compliant with UDP policy, particularly H9(d) and T8.
It is likely that visitors to the site will arrive at irregular times,
sometimes late at night, and will need direction to their pitches. They may also depart early and need to pay
bills, etc. and require manager’s assistance at unsocial hours. It is for this reason that most similar
sites have 24 hour supervision and why the exceptions policies have been
written into the UDP. I believe that
had he considered the issue in this light and been assured that the tourist
development would indeed be carried out, the Inspector may well have been more
supportive of it.
Although a start has been made on the roadways to give access to the
individual sites, the tourist use is not yet operational. Therefore any consent will need to be
subject to a condition that the manager’s accommodation is not installed on the
site until the touring, camping and caravan site is open to the public.
With regard to the forestry requirement, Forest Enterprise agrees that a
manager’s presence on site is essential but does not say that all round
occupancy is necessary. Therefore
compliance with G5(a) may be questionable and should be reflected in the
conditions.
Site is a SINC (No. C168) but it was accepted at the previous appeal
that providing no permanent structures were proposed, there would be no adverse
impacts on nature conservation issues.
I consider that still to be the case, particularly bearing in mind the
nature of this application and the reasons for given for imposition of the
subject condition in 2000. Information
has now been submitted to show how the proposal might be considered as
essential to the operation of an approved tourist use as required under T8 and
H9, although as the use has not yet fully commenced, any approval will need to
be conditioned to ensure that occupation is in genuine support of an operating
tourist facility. Monitoring of need in
the first instance can also be achieved by making any consent temporary, say
for one season. Such an approach would
enable the LPA to review the need for the accommodation at an appropriate time
in the light of experience of the operation of the site.
HUMAN RIGHTS
In coming to this recommendation to grant planning permission
consideration has been given to the rights set out in Article 8 (Right to
Privacy) and Article 1 of the First Protocol (Right to Peaceful Enjoyment of
Possessions) of the European Convention on Human Rights. The impacts this development might have on
the owners/occupiers of other property in the area and other third parties have
been carefully considered. Whilst there
may be some interference with the rights of these people this has to be balanced
with the rights of the applicant to develop the land in the manner
proposed. Insofar as there is an
interference with the rights of others it is considered necessary for the
protection of the rights and freedom of the applicant. It is also considered that such action is
proportional to the legitimate aim of the Council’s Unitary Development Plan
and in the public interest.
JUSTIFICATION FOR RECOMMENDATION
Having given due regard and appropriate weight to the material
considerations as discussed in this report, I am of the opinion that providing
the principal development of seasonal camping and caravan site is property
undertaken, the development proposed can be considered compliant with the
relevant policies of the Unitary Development Plan and a conditional approval
issued.
RECOMMENDATION - APPROVAL
Conditions/Reasons:
|
1 |
This permission shall be for a limited period expiring on (1 December
2005), on or before which date the "caravan" shall be
permanently removed from the site and the land shall be restored ("in
accordance with a scheme previously agreed in writing by the LPA")
unless the prior written consent of the Local Planning Authority has been
obtained in writing for a further period. Reason: The building is of a type not considered
suitable for permanent retention and to comply with Policies S6 (Standards of
Design) and D1 (Standards of Design) of the IW Unitary Development Plan. |
|
2 |
The Local Planning Authority shall be notified of the date of the
opening of the approved touring, camping and tenting site to the public and
the caravan hereby approved shall not be placed on site and occupied for
residential purposes until after the date so notified. Reason: To ensure that the development the subject of this
consent is provided solely as an exception under UDP policies restricting
residential development in the countryside to those required in connection
with the operation of an approved tourist use, in accordance with policies
H9(d) (Residential Development outside Development Boundaries) and T8
(Ancillary Development Associated with Tourism Uses) of the IW Unitary
Development Plan. |
|
3 |
The living accommodation hereby approved shall be occupied only during
the period 1 March - 31 October in each year. Reason: The living accommodation is required to
support the tourist use of the site, which is approved only for that period
and in compliance with policies G5 (Development Outside Defined Settlements),
H9 (Residential Development Outside Development Boundaries) and T8 (Ancillary
Development Associated with Tourist Uses) of the IW Unitary Development Plan. |
Head of Planning Services