REPORT OF THE DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES TO DEVELOPMENT CONTROL COMMITTEE

SITE INSPECTION – 23 DECEMBER 2002

TCP/19227/B P/01474/02 Parish/Name: Gatcombe

Registration Date: 30/08/2002 - Full Planning Permission

Officer: Miss. L. Myall Tel: (01983) 823550

Retention of conservatory & sand school; continued use of barn as occasional livery; continued use of part of garden area as tea gardens

land at Little Gatcombe Farm, Gatcombe, Newport, PO30 3EQ

REASON FOR COMMITTEE CONSIDERATION

The application is particularly contentious and has attracted a substantial number of representations.

LOCATION AND SITE CHARACTERISTICS

The application site is situated within the small rural settlement of Gatcombe. Little Gatcombe Farm is situated on Newbarn Lane where it turns from a metalled single track lane to a track and at the junction of several bridleways and Shepherds Trail; a long distance footpath.

RELEVANT HISTORY

TCP/19227 – Outline for farm cottage and garage, Part OS 5525, NE of Little Gatcombe Farm, opposite Snowdrop Cottage, Gatcombe, Isle of Wight, refused June 1987, allowed on appeal February 1988.

TCP/19227/A - Reserved matters application for farm cottage and garage, Little Gatcombe Farm, Gatcombe, Isle of Wight, approved May 1988

DETAILS OF APPLICATION

The application is for the retention of a conservatory attached to the Little Gatcombe Farm, and a sand school, which is situated to the north east of the farmhouse, adjacent to Newbarn Lane. Permission has also been applied for the continued use of part of the garden for a tea room; this area is situated immediately to the west of the house adjacent to Newbarn Lane, finally the continued use of a barn for occasional livery involves the existing barn situated north east of the farm house and adjacent to Newbarn Lane.

DEVELOPMENT PLAN/POLICY

Given the retrospective nature of the proposals, PPG 18 ‘Enforcing Planning Control’ is relevant. Paragraph 6 of this advice states that ‘in assessing the need for enforcement action, LPAs should bear in mind that it is not an offence to carry out development without first obtaining any planning permission required for it. New section 73A of the 1990 Act specifically provides that a grant of planning permission may relate to development carried out before the date of the application.’ Additionally the advice continues that ‘where the LPA's assessment indicates it is likely that unconditional planning permission would be granted for development which has already taken place, the correct approach is to suggest to the person responsible for the development that he should at once submit a retrospective planning application (together with the appropriate application fee).’

The site lies within the Area of Outstanding Natural Beauty and as a result, policy C2 ‘Areas of Outstanding Natural Beauty’ of the IW Unitary Development Plan applies. This policy seeks to ensure that planning applications will only be approved where they do not have a detrimental impact on the landscape and ‘be for the benefit of the local rural economy and the people who live there’ or ‘ involves the low-key improvement of an area used for informal leisure and recreation’. Other relevant policies include D1 ‘Standards of Design’, C15 ‘Appropriate Agricultural Diversification’, C24 ‘Commercial riding establishments’, C25 ‘All-weather riding facilities’, T9 ‘Small-scale rural tourism development’. These policies provide the potential for agricultural diversification, particularly by using existing farm buildings.

CONSULTEE RESPONSES

Highway Engineer – not available at the time of writing.

Environmental Health Officer – no adverse comments.

AONB Officer - concerned over the potential for the tea rooms to expand beyond the existing number provided.

Southern Water – Drainage – There are no public sewers on the site at this location and Southern Water has no comments on the application. Water – There are no water mains owned by Southern Water near this site. It is presumed that they have their own private supply, which is not unknown for rural properties. The Environment Agency would regulate the abstraction of water from this source. I suggest you ask them about the adequacy of the supply to serve increased development. Alternatively a public supply could be provided at the expense of the developer.

Environment Agency - not available at the time of writing.

PARISH/TOWN COUNCIL COMMENTS

Gatcombe Parish Council would wish the planning committee to carry out an inspection of the site prior to determining this application.

THIRD PARTY REPRESENTATIONS

Fourteen letters of objection, on the following grounds:

· Applicant is in breach of agricultural occupancy conditions and runs a number of other businesses from the premises; livery yard, tea garden and B & B.

· Conservatory larger than indicated on plans, and is ‘inappropriate for such a location and visually despoils the area’. Materials used for the conservatory are inappropriate. Conservatory is not used for domestic purposes, but purely as a tearoom and breakfast room for bed and breakfast guests.

· Barns on site are not tidy.

· Sand school has been achieved by removing a large area of downland grazing leaving an unsightly expanse of bare chalk. Sand school has not been used for the storage of hay bales.

· Gatcombe not suitable location for commercial development. Tea rooms has been advertised in the tourist press attracting visitors in minibuses. Outside tables situated ‘near the road on a very sharp corner.’

· Increase in traffic on a single track lane.

· Application site is within the AONB.

· Proposals forming the application do not improve the agricultural prospects of the property.

· Proposals have an adverse impact on the village.

· Retention of sign advertising the tea rooms by the church.

· Applicant has advertised for livery outside the premises.

· Site notice not displayed on site.

· Inappropriate to grant planning permission retrospectively.

· Gatcombe has a limited private water supply, from which a commercial use shouldn’t be allowed to draw water.

Four letters from local residents submitted with the application confirming that they have no objections to the proposals.

CRIME & DISORDER IMPLICATIONS

Officers given opportunity to comment, but no observations received.

EVALUATION

Planning permission was granted for a dwelling at Little Gatcombe Farm in 1988 and this was subject to an agricultural occupancy condition attached to the planning permission. The land behind the property rises steeply and there is a retaining bank around the side and rear of the building; the conservatory has been constructed on the southern elevation of the house within the levelled area adjacent to the retaining bank. The conservatory has been constructed from white Upvc in a lean-to style and is approximately 76 cubic metres in size, having been measured as part of an enforcement investigation. The conservatory is most visible when viewed looking westwards from Newbarn Lane, but is seen against the backdrop of the earth bund. The side and rear elevations are also partially screened by the earth bund surrounding the property. The conservatory comprises an acceptable addition to the living accommodation at the property and it is not considered to have an adverse impact on the Area of Outstanding Natural Beauty.

The conservatory is used as part of the tea room and a bed and breakfast enterprise. Three timber benches are positioned on an area of gravel adjacent to Newbarn Lane to provide outside seating for the tea room. In terms of the visual impact, the seating is positioned adjacent to the boundary hedge and is only visible from outside the site when immediately adjacent the property. UDP policies support diversification of agricultural businesses, particularly T9 ‘ small-scale rural tourism development’ which allows for development which is ancillary to an existing farm operations. The tea room operation is considered to be small scale and is ideally placed to serve walkers and cyclists using the adjacent footpaths and bridleways. Should planning consent be granted, a restrictive condition could be imposed to restrict the tea rooms from expanding beyond the existing level.

The sand school has been positioned to the north west of the house and immediately west of the barn containing the livery stables. Policy C25 relates to all weather riding facilities and states that these are acceptable within the AONB provided that they are well related to existing buildings, appropriately screened and would not result in a proliferation within the locality. There is a gate between the barn and the sand school allowing access to the lane. The sand school is positioned adjacent to the boundary hedge and is not visible from the lane. There are no public vantage points above the farm from which the sand school can be viewed. The sand school measures approximately 11 metres by 20 metres in length and is surrounded by low wooden fencing; lighting has not been provided. On this basis, it is considered that the sand school meets the criteria set out in Policy C25.

The livery use is within an existing barn, which has been constructed from concrete blocks and clad with profile steel sheeting. The barn is located adjacent to Newbarn Lane and behind a boundary hedge, allowing easy access to the adjacent bridleway. The submitted plans show that a maximum of four stables would be available for the dual use of stabling or lambing. Policy C24 relates to commercial riding establishments and such a use is acceptable provided it reuses an existing farm complex, it minimises any impact on adjoining residential occupiers, there is not unacceptable conflict between riders and vehicles and there is a direct access to the rights of way network. In terms of policy C25, the use meets its stated requirements and is considered to benefit the rural economy.

A number of letters of objection have been received raising a wide range of issues. Publicity for the application was carried out in the usual way with a press notice, individual neighbour notification letters and site notices, of which replacements were posted on two separate occasions. A separate enforcement investigation is being carried out to establish whether the applicant complies with the agricultural occupancy condition. The same exercise was carried out in the early part of 2000 and at that time it was considered that the condition was being complied with.

In respect of the bed and breakfast, tea rooms and livery businesses taking place at the property, these would normally be regarded as examples of agricultural diversification and while they can require planning permission, would normally be supported by UDP policies, particularly those relating to tourism (T9 ‘Small-scale Rural Tourism Development') and agricultural diversification (C15 ‘Appropriate Agricultural Diversification’). Conditions restricting the number of tables allowed on the premises and the number of stables has been suggested in order to address concerns over the increase in traffic movements and the potential commercialism of the proposals. Concern over the over use of the private water supply has been referred to the Environment Agency who normally regulate the level of abstraction from water supplies. Other concerns relating to the location within the AONB and the visual impact of the proposals have been addressed in the body of the report.

HUMAN RIGHTS

In coming to a recommendation, consideration has been given to the rights set out in the Articles of the European Convention on Human Rights. The impact 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 and in the public interest.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations as described in the Evaluation section above it is considered that the conservatory and sand school are acceptable development within the Area of Outstanding Natural Beauty, altogether the proposals constitute small scale agricultural diversification and would make a positive contribution to the rural economy. For this reason it is considered that the proposal is acceptable and complies with policy D1 ‘Standards of Design’, C2 ’Areas of Outstanding Natural Beauty’, C15 ‘Appropriate Agricultural Diversification’, C24 ‘Commercial riding establishments’, C25 ‘All-weather riding facilities’, T9 ‘Small-scale rural tourism development’ of the IW Unitary Development Plan.

RECOMMENDATION - APPROVAL (subject to the views of the Highway Engineer and the Environment Agency)

Conditions/Reasons:

1	The number of tables provided as part of the tea garden shall not exceed three without the prior written approval of the Local Planning Authority. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.

2	The livery use shall be restricted to the four stables coloured in yellow on the approved plans. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.

M J A FISHER

Strategic Director

Corporate and Environment Services