AGENDA ITEM 5
BOROUGH OF POOLE
PLANNING COMMITTEE
18TH JUNE 2009
MERLEY COURT TOURING PARK, MERLEY HOUSE LANE, POOLE
PART OF THE PUBLISHED FORWARD PLAN NO
STATUS
- PURPOSE
1.1At the Meeting of the Planning Committee held on 14 May 2009, Members resolved by Minute PC13.09(i) to refuse the Application due to the loss of provision for touring caravans, which was seen as an important part of Borough of Poole’s tourism offer, and therefore harmful to the tourism economy of the Borough. Officers were asked to consider appropriate wording supported by policies for refusing the Application. No other concerns were raised by Members.
- DECISION(S) REQUIRED
2.1To
(a)rescind the Resolution passed on 14 May 2009 to refuse planning permission (Minute PC13.09(1) refers);
(b)resolve to grant planning permission subject to the conditions previously recommended in the Report to Planning Committee on 14 May 2009; and
(c)impose the following additional condition:-
the individual lodges (cabins/chalets) shall not be occupied by any individual or group of persons for a period in excess of 28 days in any three month period.
Reason
To ensure that the holiday accommodation is not used as a permanent dwelling and that a tourism function is maintained on the site.
- BACKGROUND/INFORMATION
3.1As Members resolved to refuse the application Officers were asked to consider the precise wording and to date no decision has been released.
3.2Following closer scrutiny and discussion with Strategic Planning, Officers do not consider that there is a Core Strategy Policy/Local Plan Policy or Structure Plan Policy that can support the identified concerns of Members.
3.3However, in acknowledging these concerns, and in order to ensure that the caravans remain as holiday accommodation only, Officers have sourced additional conditions that appear to meet these concerns, and the objectives to prevent the creation of permanent self-contained accommodation in the Green Belt.
3.4Attached at Appendix 1 is a copy of the original Case Officers Report and plans, which outline the other relevant material considerations. The Committee is reminded, however, that no other concerns were raised by Members.
- FINANCIAL IMPLICATIONS
4.1None
- LEGAL IMPLICATIONS
5.1None
6.RISK MANAGEMENT IMPLICATIONS
6.1None
7.EQUALITIES IMPLICATIONS
7.1None
8.CONCLUSIONS
8.1That there is no policy basis to support the Members reason for refusal. There is an additional condition, which could be reasonably attached to a planning consent that could resolve Members’ concerns with the potential for loss of tourism.
Report Author
Contact officer: Clare Dick 01202 633317
Background Papers: Previous Committee Report 14 May 2009 and plans
APPENDIX
Item No: / 1Case Officer: / Clare Dick
Site: / Merley Court Touring Park, Merley House Lane, Poole, Dorset, BH21 3AA
Application No: / APP/08/29990/F/018
Date Received: / 18 December, 2008
Agent: / Humberts Leisure
Applicant: / Shorefield Holidays Ltd
Development: / Use of land for the siting of 12 holiday lodge caravans.(As amended by Arborictural Method Statement submitted on 27.02.09)
Ward: / P160
This application is brought before committee due to the history of the site.
Relevant Planning Policy
The following policies of the Poole Local Plan First Alteration (Adopted 2004) (as amended by the Secretary of State Direction September 2007) and the Poole Core Strategy (as amended by the Binding Report on the Examination), adopted on 19 February 2009 are relevant to this application:
PCS23 / Local DistinctivenessNE02 / New Buildings in the Green Belt
NE03 / Open Character of the Green Belt
NE06 / North Poole
NE08 / Land North of Broadstone Golf Club
BE02 / Landscaping
TO13 / Chalets and Caravans
PPG02 / Green Belts
PPS07 / Sustainable Development in Rural Areas
Site Description
The site is located on the south side of Merley Park Lane. The site is a touring park with around 160 pitches for caravans. The site is within the Green Belt.
To the north is the Organgery, which is a Listed Building and the area is a Historic Park.
The boundary of the site is approximately 3 m high trees and hedging. The area where the lodges are proposed to be sited is currently grass with a tarmac road running in a 'c' shape.
Relevant Planning History
There is a wealth of planning history on this site and adjacent similar caravan parks, of particular relevance is the following:-
1980 - 6861/015 - Application approved for use as touring and transit caravan site (80 touring caravans and 40 transit vans). Approx 15.4 acres.
Condition 9 limited the time period for caravans to be parked on the site for the period 1st March to 31st October and that at the end of this period all caravans and associated equipment are moved from the site.
1987 - 6861/020- Application approved for storage of approx. 30 caravans during the winter months.
Condition 1 required that the caravans are stored within a specific area of the site. (The application site area for this proposal falls within the area relating to this extant consent).
Condition 4 allowed for the siting of caravans to be stored only in the winter period from 31 October to 1 March of each following year.
1987 - 6861/027 - Application approved to provide 40 additional caravan plots and construct a toilet block. (The application site area for this proposal falls within the area relating to this extant consent).
1986 - 6861/030 - Application approved to allow the site to be open from 1 March to 7 January.
Condition 2 required that the site is closed to all touring caravans, caravanettes, tents and trailer tents from the period of 8 January to the last day of February inclusive. During this period all site facilities, including club room, shall remain closed except for one toilet block.
2006 - 29990/014 - a current application for an extension of opening months of the site to 11months of the year - resolved by committee to grant subject to conditions and signing a S.106, the S.106 remains unsigned.
Current Proposal
Use of land within part of the site for the siting of 12 holiday lodge caravans.
-Further to the initial comments from the Conservation Officer a letter was submitted by the agent on 9th Feb clarifying points and refuting the Conservation Officers comments and;
-Further to initial comments from the Arboricultural Officer, a revised Arboricultural Method Statement (AMS) was submitted on 27 February 2009.
Representations
A site notice was posted and adjacent neighbours were notified of the application. No letters of representation have been received.
Urban Design & Conservation- Objection. Although the proposal is detrimental to the setting of the listed buildings it can be considered no more detrimental to the setting than the storage of 30 caravans (consent given in 1987) if the structures were purely temporary as stated in the design and access statement. However, it is considered that the siting of the proposed lodges is more permanent than the purely reversible storage of caravans. It is therefore considered that this proposal is detrimental to the setting of the adjacent listed buildings. The application is contrary to PPG15 para 2.16 and 2.17 and Core Strategy Policy PCS23 (which superseded local plan policy BE14.
The site is within open countryside and within the green belt and therefore the application is contrary to policies NE2, NE3, NE6 and NE8 and also BE2 and PCS23.
Arboricultural Officer- No objection in light of the amended plans and the submitted Arboricultural Method Statement.
Planning Considerations
The main considerations with regards to this application is the classifation/definition of a timber lodge under the Caravan Sites Act 1968 and with this in mind the proposed impact of the timber lodges on the adjacent listed building, the Green Belt, and important protected trees.
The definition of a 'caravan' is found in the Caravan Sites Act 1968 which is as follows:-
Twin-unit caravans
13.(1) A structure desIgned or adapted for human habitation which
(a) is composed of not more than two sections separately constructed and designed to be assembled on a site by means of bolts, clamps or other devices; and
(b) is, when assembled, physically capable of being moved by road from one place to the another (whether by being towed, or by being transported on a motor vehicle or trailer),
shall not be treated as not being (or have not having been) a caravan within the meaning of Part 1 of the Caravan SItes and Control of Development Act 1960, the expression "caravan" shall not include a structure designed or adapted for human habitation which falls within paragraph (a) and (b) of the foregoing subsection it its dimensions when assembled exceed any of the following limits, namely
(a) the length (exclusive of any drawbar) 20 m
(b) the width 6.8 m
(c) overall height of living accommodation (measured internally from the floor at the lowest level to the ceiling at the highest level 3.05 m
Therefore with regards to the application the lodges proposed fall within the limitations as set out above and therefore are classed as 'caravans' for the purposes of the Caravan Sites Act 1968.
The proposed lodges are 'caravans' and whilst they appear to be a more permanent structure, under the act they are a temporary structure. Given the limitation of the Caravan Sites Act 1968 and the interpretation of a 'caravan' the existing planning permission relevant on this site could allow for the substitution of the 40 caravans with a lesser number of caravans and these could take the form of a temporary chalet, albeit removed for 1 month a year.
Whilst PPG2 Green Belts seeks to restrict inappropriate development this relates to buildings. As these chalets are not defined as buildings, advice within PPS7 is of greater relevance. At para 39 this guidance seek to encourage tourist facilities, provided 'new or expanded sites are not prominent in the landscape and that any visual intrusion is minimalised by effective, high-quality screening'.
It is considered that the reduction in number of caravans, from 40 to 12, is of benefit to the wider landscape. Whilst the new caravans (chalets) are greater in width and length that usual touring caravans, this falls outside the control of the Planning Act, and as detailed above is controlled under separate legislation. Notwithstanding this, the proposal should not be harmful to the character and appearance fo the area.
With regards to the impact on the Listed Building the area in the application is already used for the siting of caravans (around 40) and storage of 30 caravans in the winter. Whilst noting the concerns raised, given the history of the site the proposal will not materially affect the setting of the Listed Building over and above the extant consents (which could stay on the same pitch for 11 months of the year and be occupied) on the same area of the site as this application, especially given that there is a net decrease in the number of units in the same area.
The layout involves altering the roads though the site, and creating hardstanding for each individual plot. At present there is a 'c' shape road with 3 roads running from the top to the bottom of the 'c' shape road. The proposal is for one 'c' shape road which is further within the site. There will be landscaping either to the front, or to the side of the individual lodges, at present there is little landscaping within the area and the landscaping proposed will enhance the area.
The Visual Appraisal Report states that the 'hedge on the northwest boundary is a double hedge some 4.0m to 4.5m high with a line of conifers facing Merley House and a line of hornbeam facing the application site. The report concludes that the roofs of some of the lodges will be visible from outside the site. It is considered on balance that the views of the tops of the timber lodges will not have a detrimental impact on the character of the area. The timber lodges will have a roof colour which will blend in with the surrounding environment. A landscape plan has been submitted which once implemented will mitigate further the visual impact that the lodges may have where the site is viewed outside the site.
With regards to Policy TO14, the proposal is actually for a reduction in the number of units on this part of the site from around 40 caravans to 12 timber lodges. Whilst the lodges appear more permanent they are classified as caravans under the act. Again it should be remembered that the touring caravans could stay in situ for 10 months of the year (with an application recommended for approval to extend this to 11 months), and therefore there is no conflict with the aims of the policy as there will be no intensification of the site.
RECOMMENDATION
Grant with Conditions
Subject to the following condition(s)
1- GN150 (Time Expiry 3 Years (Standard)2- TR030 (Implementation of Details of Arb M Stmt)
3- TR060 (Tree Protection - No Trenches/Pipe Runs)
4- LS040 (Landscaping Scheme to be Implemented)
5- AA01 (Non standard Condition)
For the avoidance of doubt, the dimensions of the lodges shall accord with section 13 (a), (b) and (c) of The Caravan Sites Act 1968, or any subsequent re-enactment.
Reason:
The application is within the Green Belt and this application has been considered on the basis that the lodges fall within the definition of a 'caravan' under the Caravan Sites Act 1968.
6- AA01 (Non standard Condition)
The lodges shall not be occupied during the period 8th January to the last day of February inclusive during any year.
Furthermore,
(a)The lodges (cabins/chalets) shall be occupied for holiday purposes only;
(b)The lodges (cabins/chalets) shall not be occupied as a person's sole, or main place of residence;
(c)The owners/operators shall maintain an up-to-date register of the names of all owners/occupiers of individual lodges (cabins/chalets) on the site, and of their main home addresses, and shall make this information available at all reasonable times to the local planning authority.
Reason-
To ensure that the approved lodges (cabins/chalets) are not used for unauthorised permanent residential occupation
Informative Notes
- IN62 (Summary of Reasons for Decision)Town and Country Planning (General Development Procedure) (Amendment) Order 2003
The proposed development has been tested against the following policies of the Development Plan and, in the opinion of the Local Planning Authority, is not in conflict with the following policies:
a) The proposed change of use of land will not be materially harmful to the character/appearance or amenities of the area - Policy PCS2, NE3
b) The proposed change of use of land will not materially affect the setting of a nearby listed building - Policy BE14
c) With appropriate mitigation no protected trees will be affected - Policy NE28
d) The proposal results in a net reduction of available pitches on the site from around 40 to 12, and whilst the use of the land is for lodges it is considered on balance that the proposal will not be harmful - Policy TO13
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