CLACKMANNANSHIRE COUNCIL

Report to Regulatory Committee of 21 December 2006

Subject: Planning Application: Siting of Touring Caravan as Temporary Residential Accommodation at the Former Silver Hills Fishery and Kersiepow Farm, Alva (Ref No: 06/00380/FULL)

Applicant: Mr D Taylor, 6 West End Gardens, Alloa

Prepared by: Ian Duguid, Development Quality Team Leader

Ward : Alva South Councillor Balsillie

1.0SUMMARY

1.1.Following enquiries from this Service relating to the development of a piggery business on land between Alva and Tillicoultry, the applicant seeks permission for temporary residential accommodation to assist in the management and development of this piggery business. This report sets out the applicant’s submission and support for the development, the planning history associated with the subjects, comments received from consultees and neighbours, and relevant development plan policies that relate to this development and location.

1.2.This Service has consistently stated that the original farm enterprise at Kersiepow has ceased to exist for many years. The applicant’s submission describes his plan to re-establish a farm business, and the consequential need for temporary accommodation. Based on our assessment of this information and development plan policy, it is considered appropriate to allow temporary accommodation of this nature to assist with the business development and management. Appropriate conditions are attached to our recommendation which respect the sensitive nature of this location.

2.0RECOMMENDATIONS

2.1.It is recommended that this planning application is APPROVED subject to the following conditions:-

  1. The development is hereby approved for a temporary period of 1 year only. The caravan shall therefore be removed by 21st December 2007, and the site restored to its original condition.
  2. Before the development hereby approved begins, details of any structures, means of enclosure, boundary treatment and surface changes associated with the pig rearing enterprise to which the temporary residential accommodation relates shall be submitted to and approved in writing by the Council. The details shall include the arrangements for the siting or removal of all existing temporary structures, the use of the existing stable building for associated facilities, and timescales for implementation. The development shall thereafter proceed in accordance with the approved details.
  3. The details required by condition 2 of this permission shall include a specification of all relevant materials, paint colour where appropriate and maintenance arrangements.
  4. Before the development hereby approved begins, a scheme of landscaping shall be submitted to approved in writing by the Council. The scheme shall include

i)A survey of all existing trees or other planting within or adjacent to the site.

ii)Details of the type, number and location of proposed trees, shrubs and other plants.

iii)Arrangements for implementation and future maintenance.

  1. The development hereby approved shall proceed in accordance with the scheme of landscaping approved in accordance with condition 4 of this permission.
  2. The scheme of landscaping referred to in condition iv) of this permission shall include proposals appropriate screening of the development and related facilities using native species.

Reasons

  1. To comply with Policy EN18 of the Clackmannanshire Local Plan.
  2. In the interests of visual amenity, having regard to the character of the surrounding area.
  3. In the interests of visual amenity, having regard to the character of the surrounding area.
  4. In the interests of visual amenity, having regard to the character of the surrounding area.
  5. In the interests of visual amenity, having regard to the character of the surrounding area.
  6. In the interests of visual amenity, having regard to the character of the surrounding area.

3.0BACKGROUND

3.1.The application site comprises part of the former Silverhills Fishery and surrounding land at Kersiepow near Alva, on the south side of the A91 and close to the River Devon. Use of the former fishery has ceased and the land is largely used for agricultural purposes. Most recently, this has comprised the establishment of a pig breeding enterprise, and this current application seeks permission to provide temporary residential management accommodation to assist in the security and management of the venture. The applicant proposes to site a touring caravan on the land and use it as a temporary residential home. In his supporting statement, the applicant indicates that this accommodation is required for security purposes, to monitor and control vehicle and stock movements and provide 24 hour husbandry for the rare breed Tamworth pigs.

3.2.The applicants supporting statement adds that he plans to invest in up to 100 pigs within the 22 hectare site. The investment may in due course include a poly tunnel and farm building, although the current application does not seek permission for either of these facilities or structures.

4.0CONSULTATIONS

  1. Roads and Transportation indicate that it would have no objections to the proposal on the basis that operations are of an agricultural nature and that a need exists for temporary accommodation for that activity. Comment: The applicant has asserted that this is indeed the reason for the proposed accommodation.
  2. Environmental Services (Safety Health and Environmental): advise that if the caravan is to be provided for an agricultural worker the development would be exempt from the requirements for a licence under the Caravan Sites (Exemption for Licensing) (Scotland) Order 1961. On a separate but related matter, associated with the pig breeding activity within the development site, and referred to later in this report, this Section advise that it would have power under the Environmental Protection Act to deal with any complaints associated with noise or odour nuisance.
  3. Alva Community Council: have no comments to make on the application and look forward to being advised on the outcome of the applicant’s initiative and any consequential need for an extension to any temporary planning permission granted or proposals for a permanent house.

5.0REPRESENTATIONS

5.1Four parties were notified of this planning application. Letters of representation have been received from or on behalf of Mr Henderson and Mr Simpson, the owners of houses adjacent to the application site and Mr Sharp who owns an area of land. The letters of representation can be summarised as follows:-

  1. The supporting information with this application refers to poly tunnels; this has not been described in the application. Comment: The applicant is not seeking permission for the poly tunnels, but included reference to this as contextual business information.
  2. The development is described as a proposal for an agricultural farm at Kersiepow, whereas this Council has previously confirmed that the land does not comprise an agricultural holding or unit. Comment: Our position on this remains unchanged. The nature of the landholding, the division of the original farm, the size of the site and the management operations collectively mean that there is no farm unit.
  3. Development Services is invited to seek advice from Safety, Health and Environment Section on keeping pigs in close proximity to the existing houses, and in this respect, reference is made to a development order which makes provision for permitted development rights. Comment: The advice from Safety Health and Environment is summarised in section 4 of this report. The reference to the Permitted Development Order legislation does not strictly speaking apply here as these are provisions associated with permitted development rights for agricultural holdings which, as the letter of representation highlights, is not the case or status at the former Silverhills Fishery. Furthermore, the provision principally seeks to bring under Council control forms of intensive farming associated with farms rather than the free range format which the applicant currently operates.
  4. The applicant has erected a number of structures required for pig farming, and no enforcement action has been taken by the Council. Comment: This issue is addressed later in the report.
  5. A modern caravan would be an intrusion into the Green Belt and should be resisted. The erection of poly tunnels would be equally inappropriate in the Green Belt. Comment: An examination of Green Belt Policy is set out later in the report. We would repeat the observation that the application does not include any proposal for poly tunnels.
  6. The temporary nature of the development should not affect its assessment in relation to the Green Belt. Guidance on the use of planning conditions indicates that a temporary permission should not be used to overcome the affect of development on the amenity of the area. Comment: The proposed development, by its very nature, is temporary and, in our judgement, the guidance on planning conditions is more aligned to the use of permanent buildings or land for a temporary period.
  7. Given the close proximity of Alva and Tillicoultry to the application site, there is no reason why anyone involved in the farming activities could not live locally and still undertake the necessary duties. Comment: If it can be reasonably demonstrated that it is necessary to have continuous onsite supervision and management, we would disagree with the suggestion that residence in a nearby community would fulfil this purpose.

6.0PLANNING CONSIDERATIONS

6.1The Clackmannanshire Development Plan provides a policy framework for assessing development proposals of this nature. The Clackmannanshire and Stirling Structure Plan requires Local Plans to define Green Belt and countryside boundaries, set out environmental safeguards and provide a policy framework within which proposals for development in the countryside and elsewhere can be properly evaluated. In so far as this is a detailed proposal for a residential caravan by using a mobile caravan, we therefore turn to Local Plan Policy for appropriate policy guidance.

6.2Policy EN 18, Development in the Countryside indicates that development proposals outwith settlement boundaries will not normally be acceptable. The policy does however set out a number of criteria where exceptions to this presumption will apply, and in relation to the current proposal, one of these criteria requires further consideration. This indicates that where an operational requirement for a house in association with an agricultural business can be clearly justified by an independent consultant, such proposals need be considered favourably. The criterion makes additional provision for any new business, and this applies to the current proposal. The Local Plan indicates here that suitable temporary accommodation may be permitted for a limited period where justification for a new house or the viability of the proposal is not clear at the outset. In this context, the applicant has presented his business plan for establishing and developing a pig farm at Kersiepow. He set a one year target of 100 pigs and associated grazing land with projected numbers of additional pigs from breeding. The submission includes a labour requirement calculation for pig breeding and husbandry, and the Scottish Agricultural College farm business service has advised the figures therein accord with their own practice. In conclusion therefore we cannot be certain on the viability or likely financial success of this new venture. Nevertheless, it is an appropriate land use when examined against planning policy for the countryside, and in those circumstances, we are persuaded that the provision of temporary residential accommodation in form proposed complies with the intention and provisions of the Local Plan policy on countryside development.

6.3The site is located within the Green Belt between Alva and Tillicoultry. We are satisfied that the development fulfils the relevant development plan policy tests associated with an essential countryside location and the absence of suitable alternative sites. The final test relates to a significant enhancement of the Green Belt, and in this respect, we would recommend the conditions set out in section 2 of the report as the opportunity to meet this part of the policy framework. The development itself is relatively modest and of a temporary nature, and we would seek to agree a landscape and land management framework which enhances the area.

6.4Prior to the submission of this application, this Service received a complaint regarding the alleged pig farm business, the associated use of land and the provision of attendant structures and enclosures. This is referred to one the letter of representation. Our enquiries on this matter have been concluded, and would advise Members as follows: -

  • The use of land for keeping pigs is defined as agriculture, and does not therefore constitute development as defined in the relevant planning legislation. Therefore, the land use is not a breach of planning control.
  • The land being used is a field adjacent to the application site, and has been enclosed with electric fencing. Due to the nature and height of the fence, it is permitted development, and not therefore a breach of planning control.
  • Associated with the pig breeding activity, the applicant has installed a small number of shelters/enclosures for the welfare of the stock, each approximately 1metre high and formed by adapting former metal containers. Strictly speaking, these require planning permission, but the applicant has declined our invitation to submit a retrospective planning application. Having regard to the size of these structures, the numbers involved and their relationship to neighbouring properties, we do not regard enforcement action as either appropriate or necessary; in our judgement, any planning application would likely have received favourable consideration. Although the structures are around 20 – 30 metres from the nearest house, there are only 3 units, each around 1 – 1.5 metres high and of similar length and width. We would however draw attention to the terms of our recommendation in section 2 of the report, which seeks to bring such structures and other alterations under planning control in association with the proposed development.
  • Environmental Health have advised that any complaints associated with the use of the land as a pig farm, notably complaints that may be received from the two adjacent householders, can be examined under environmental protection legislation.

7.0CONCLUSIONS

7.1In conclusion the provision of temporary, mobile residential accommodation for the emerging pig farming business represents a development scenario which the development plan anticipates as a reasonable means of accommodating site management and security requirements without prejudicing an overarching policy presumption against permanent development in the countryside. Green Belt policy requirements can be met by reserving and enhancing elements of the surrounding Landscape. Any favourable decision on current application does not prejudice an assessment or decision on any subsequent proposal for a house, which would require further independent assessment of labour requirement and other considerations.

8.0SUSTAINABILITY IMPLICATIONS

8.1The proposed development will assist in the establishment of this agricultural venture. Little or no resource implications. Landscaping proposals should encourage biodiversity.

9.0FINANCIAL IMPLICATIONS

9.1None

9.2Declarations

1. The recommendations contained within this report support or implement Corporate Priorities, Council policies and/or the Community Plan: / Reference
Corporate Priorities
Council Policies
Community Plan / Clackmannanshire Local Plan EN18
2. In adopting the recommendations contained in this report the Council is acting within its legal powers. / 
3. The full financial implications of the recommendations contained in this report are set out in the report. This includes a reference to full life cycle costs where appropriate. / 

Head of Development Service

Report for Former Silverhills Fishery And Kersiepow FarmPage 1 of 7