ITEM NO: / Location: / The White Horse, Tea Green, Luton, LU2 8PS
Applicant: / Mr J Haines
Proposal: / Continued use of land for the siting of a marquee to form dining extension to public house
Ref.No: / 11/01657/ 1
Officer: / James Gran

Date of expiry of statutory period : 07 November 2011

Reason for Delay

Committee cycle

Reason for Referral to Committee

Call in by Councillor Barnard stating the following, "I would like this application to be decided by the Planning Committee, as I am of the opinion, as is the Parish Council, that there are very special circumstances such as local employment, the saving of a local village community facility, and the saving of a pub business in the countryside, which would otherwise close.
The buildings which were taken down were in use for over twenty years, and were also used by local clubs, etc.
The permission sought is for a non-permanent situation, and for a limited number of years.
I believe that all these reasons, together with the emerging planning and employment advice from central government, make the exception acceptable".

1.0 Relevant History

1.1
1.2
1.3 / 84/01063/1 - Single storey rear extension - Approved and implemented.
05/00924/1 - Single storey side extension to create 59 square metres of additional floorspace and change of use of amenity land to car park to provide 8 additional parking spaces - Approved and implemented.
The marquee was erected in December 2010 and was reported to the Council in March of this year.

2.0 Policies

2.1 / North Hertfordshire District Local Plan No.2 with Alterations
Policy 2 - Green Belt.
Policy 55 - Car Parking Standards / Supplementary Planning Document - Vehicle Parking Provision at New Development
2.2 / Government Policy Advice
PPG 2 - Green Belts
PPS 1 - Delivering Sustainable Development
PPS 4 - Planning for Sustainable Economic Growth
PPS 7 - Sustainable Development in Rural Areas

3.0 Representations

3.1 / Offley Parish Council - "The meeting had no objections to the application but would like to comment that they considered that the marquee should not be a permanent structure erected 12 months of the year as the business would not be paying rates on a temporary structure It was suggested that the marquee could be dismantled between the months of January to March inclusive to ensure that it is regarded as not being permanent.
The meeting did not consider that the marquee was a distraction to drivers on the road but that an alternative method of tethering on that side of the marquee should be considered in light of comments made by the Rights of Way Department. It was also suggested that the hedge should be allowed to grow taller to shield it more".
Local Residents / Site Notice - No comments received
County Council Rights of Way Officer - Comments on the guy ropes of the marquee encroaching onto the grass verge which is part of the public footpath.
Environmental Health - "I have reviewed the Housing and Environmental Health Service's records pertinent to this proposed development and I have no comments or objections to make in relation to this application. The marquee itself will not have any effect on nearby residents but the use of it for functions may have. However, this is something that would be considered using the provisions of the Environmental Protection Act 1990 or under licensing legislation".

4.0 Planning Considerations

4.1 Site & Surroundings

4.1.1 / The White Horse public house is located adjacent a water tower and 1 The Green in Tea Green, which is a small cluster of houses in the green belt, close to the edge of Luton.

4.2 Proposal

4.2.1 / The proposal is to retain the existing marquee attached to the rear of the main public house building (on the rear of an existing extension). It is used for functions and events and measures 12 x 6 metres and is approximately 3.5 metres in height with a pitched roof. The marquee abuts the boundary of the site with the public footpath and road.

4.3 Key Issues

4.3.1 / The key issues are the impact of the structure upon the openness of the green belt and whether there are sufficient 'very special circumstances' to justify planning permission being granted in this case. Secondly, the general visual impact of the structure upon the visual amenity of the locality. Thirdly, the effect upon users of the adjacent public footpath and finally whether the likely increase in traffic and on-site parking provision is acceptable. There are no issues regarding impact upon neighbouring residential property, due to the distance of the marquee away from any dwellings.
4.3.2 / With regard to the impact upon green belt openness and its visual impact more generally, this is a substantial sized structure, located in a very prominent location on the site in full public view by both pedestrians and vehicles passing by. I consider there is an unacceptable harm incurred for the openness of the green belt in this case. The special circumstances put forward by the applicant are that the marquee is required for the public house to operate as a viable business. It is stated without the marquee, the public house business would cease trading. Moreover, that there would be a loss of employment in the area, as these larger functions would not be possible in the main building only. Although I sympathise on this issue, the reason of the viability of the business is not considered to constitute 'very special circumstances' to allow a marquee of this size in this location. This is an argument that could be applied all too often to any public house in the green belt, where large and highly prominent structures harm the openness of the green belt.
4.3.3 / Discussion with the applicant has involved the required number of months the marquee would need to be erected for in any one year. The ideal situation for the applicant is to have the marquee erected the whole year but this, I would suggest, means the structure would be permanent and wholly unacceptable. An actual extension to the building of this size in this location, would not be permitted in my view. Therefore, any marquee needs to be removed for a substantial part of the year, in order to reduce its overall impact to an acceptable degree.
4.3.4 / I therefore consider that the size and prominent location of the structure to be unacceptable, regardless of the number of months it is erected. However, I would suggest that were the structure to be relocated to an area completely within the site, i.e. away from the road with restricted public views, then the harm upon the openness of the green belt, and indeed the visual amenity of the locality, would be lessened. Whether this lessened harm would be to an acceptable degree, would depend upon the number of months the marquee is conditioned to be erected for, in order to be temporary and consistent with other marquees in the District. A large portakabin was removed from the site which, although no planning permission existed for it (but would appear to have been in situ for more than 4 years and therefore an authorised structure), would aid in justifying a detached marquee in the similar position. This differing location however, would need to be the subject of a fresh planning application and considered on its merits accordingly.
4.3.5 / With regard to the encroachment onto the public footpath grass verge from the guy ropes of the marquee, I consider this to be a minor encroachment and does not unreasonably impede the safe and free flow of users of the grass verge right of way.
4.3.6 / In terms of on-site parking provision for the increase in guest numbers to the public house as a result of the marquee functions, I consider there to be sufficient space within the site for most or all of the required parking. An additional 8 spaces were created with the planning permission in 2005 and all of the land to the front of the building is available for parking. I therefore consider there would be no material adverse effect on parking on or around the site, as a result of the marquee. In terms of sustainability regarding additional car journeys in this rural area, as the pub is an existing use and attracts custom from wider areas other than Tea Green itself, I do not consider that the increased numbers for functions, using a temporary marquee, would be a reason to refuse planning permission on that basis. Were this a new public house with a function room proposed, then this issue may be more significant. Moreover, the marquee could be erected for 28 days a year without planning permission and would therefore attract these additional car journeys.

4.4 Conclusion

4.4.1 / The marquee in this location is considered to harm the openness of the green belt to an unacceptable degree and that insufficient very special circumstances apply. It is recommended to Members that planning permission be refused for this reason.

5.0 Legal Implications

5.1 / In making decisions on applications submitted under the Town and Country Planning legislation, the Council is required to have regard to the provisions of the development plan and to any other material considerations. The decision must be in accordance with the plan unless the material considerations indicate otherwise. Where the decision is to refuse or restrictive conditions are attached, the applicant has a right of appeal against the decision.

6.0 Recommendation

6.1 That permission be REFUSED for the following reasons:

. / The application site is within an area designated in the North Hertfordshire District Local Plan No 2 with Alterations as Green Belt, within which there is a presumption against inappropriate development, such as that proposed, unless very special circumstances can be demonstrated. In the view of the Local Planning Authority the proposal is not supported by such circumstances. Moreover, by reason of the siting of the marquee, it would harm the fundamental aim of Green Belt policy which seeks to maintain its openness. As such, the proposal would not accord with Government advice set out in PPG 2 or the provisions of Policy 2 of the North Hertfordshire District Local Plan No 2 with Alterations.