Update Report for Planning Committee (East): 31 May 2017

Update Report for Planning Committee (East): 31 May 2017

Committee Planning Manager: Andy Carter

15/02005/FUL Holycombe House, Church Road, Whichford, ShipstonOn Stour

EIA development
The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 came into force on the 16 May 2017. A Screening Direction from the Secretary of State was issued on the 21.11.2016 and the Local Planning Authority subsequently rescreened the application on the 05.01.2017. Having regard to the contents of section 76 ‘Revocation and Transitional Provisions’ of the 2017 regulations, I do not consider that there is a requirement to rescreen the development in light of the coming into force of these regulations.
Amended wording to condition 2 (personal condition):

The holistic retreat business hereby approved shall inure solely for the benefit of Mr and Mrs Birtwell. When the site ceases to be occupied by Mr and Mrs Birtwell (i.e. neither remain), the use of the site as a holistic retreat shall cease. The lawful use shall thereafter revert to:
Holycombe House – single dwelling
‘The Lodge’ – ancillary accommodation to Holycombe House and/or holiday let
‘The Studio & Garage’ – ancillary accommodation to Holycombe House and/or holiday let (holiday let within The Studio only)

The land outlined in red on approved plan no. 15-5485-100 P1, together with any other buildings within it, shall only be used for purposes ancillary to the lawful uses identified above.
Reason: The applicants have demonstrated that they operate this uses in a sensitive location in a manner that has an acceptable impact on the amenity of neighbouring properties, character and appearance of the locality, Conservation Area and the Scheduled Ancient Monument and the special landscape qualities and tranquillity of the AONB is acceptable in accordance with Policies CS.5, CS.8, CS.9 and CS.11 of the adopted Stratford-on-Avon Core Strategy (2011-2031).
Additional comment from Whichford Parish Council
No representation (25.05.2017)
Additional third party representations
13 letters of objection from 9 residents received (1 anonymous). No new planning reasons for objection raised.
1 letter of objection has also been received from HMPC Ltd on 30.05.2017 on behalf of ‘The Preserve Whichford Group’. The following planning points are raised:

Concern that an incorrect assessment has been made of whether the development constitutes ‘major development’ as per paragraph 116 of the NPPF and ‘large scale development’ as per Policy CS.11
Concern that an insufficient assessment of the impact of the development on the AONB has been made
Concern that an insufficient assessment of the public benefits of the development has been made in the context of the harm identified to heritage assets
Concern that the proposed conditions are insufficient

Committee granted planning permission for the retreat in February 2016
Permission quashed by the High Court on a single ground, the failure of the Council to properly consider the need for an Environmental Impact Assessment
Secretary of State confirmed that there is no requirement for an Environmental Impact Assessment
This application has not changed, however detailed conditions and Management Plan result in a better situation
Objection from a relatively small number of people
14 letters of objection are tick sheet letters circulated by the objectors
Legal agreement is not required as conditions can adequately control the development
Applicants prepared to enter into private legal agreement but this is not required to make the development acceptable
No response recorded by Parish Council
Application before Committee due to level of public interest – vast majority support the development
Concerns relate to what may happen in the future

Letter received from applicant on 30.05.2017 raising concern that the Parish Council chose to raise no representations to the application.
Typo in final paragraph on page 23. It should state ‘Element 2 (development proposed under 16/04039/FUL)’, not ‘Element 1’.
See Appendix 1 below for Management Plan for 15/02005/FUL referred to in condition 6.

16/04039/FUL Land South Of Holycombe House, Whichford, Shipston-on-Stour

The camping/glamping operation hereby approved shall inure solely for the benefit of Mr and Mrs Birtwell. When the site ceases to be operated by Mr and Mrs Birtwell (i.e. neither remain), the use of the site for camping/glamping shall cease. The lawful use shall thereafter revert to agricultural use and all glamping units, structures and buildings identified on plan nos. 5485-101 P1 and 15-5485-100 P3 shall be removed from the site within 2 months of Mr and/or Mrs Birtwell ceasing to operate the camping/glamping. The land shall thereafter be restored to agricultural use in accordance with a scheme submitted to and approved in writing by the Local Planning Authority.

Reason: The applicants have demonstrated that they operate this use in a sensitive location in a manner that has an acceptable impact on the amenity of neighbouring properties, character and appearance of the locality, Conservation Area and the Scheduled Ancient Monument and the special landscape qualities and tranquillity of the AONB is acceptable in accordance with Policies CS.5, CS.8, CS.9 and CS.11 of the adopted Stratford-on-Avon Core Strategy (2011-2031).
Additional comment from Whichford Parish Council
No representation (25.05.2017)
Additional third party representations
19 letters of objection from 14 residents received. No new planning reasons for objection raised, however a Noise Report (report no. AE13/09/05/17) has been submitted by Alfa Acoustics and Environmental limited on behalf of an objector (see below).
1 letter of objection has also been received from HMPC Ltd on 30.05.2017 on behalf of ‘The Preserve Whichford Group’. The following planning points are raised:

Concern that an incorrect assessment has been made of whether the development constitutes ‘major development’ as per paragraph 116 of the NPPF and ‘large scale development’ as per Policy CS.11
Concern that an insufficient assessment of the impact of the development on the AONB has been made
Concern that an insufficient assessment of the public benefits of the development has been made in the context of the harm identified to heritage assets
Concern that the proposed conditions are insufficient

The District Council is satisfied that it has fully considered the above matters in the Committee report. The District Council has sought Counsel advice on the contents of the report and it has been confirmed that the above matters have been adequately addressed.
11 letters of support from 11 residents received. No new planning reasons for support raised.
2 letters of no objection from 2 residents received. No new planning issues raised.
Additional consultation responses (to consultation on amended plan to denote areas for camping and glamping)
Severn Trent Water – no objection subject to condition (23.05.2017)
WCC Highways – no objection (19.05.2017)
SDC Conservation – comments previously provided remain valid (10.05.2017)
Natural England – no objection (10.05.2017)
For the purposes of clarification, the stone circle is not a historic and does not form part of the Scheduled Ancient Monument designation.
Letter received from applicant’s agent on 26.05.2017 in response to publication of Committee report. A precise is provided below:

Committee granted planning permission for the campsite in September 2013
Permission quashed by the High Court on two grounds relating to the Environmental Impact Assessment and interpretation of matters relating to AONB
Secretary of State confirmed that there is no requirement for an Environmental Impact Assessment
This application is for significantly less than was approved in 2013 and detailed planning conditions and comprehensive Management Plan result in a better situation
Objection from a relatively small number of people
13 letters of objection are tick sheet letters circulated by the objectors
Legal agreement is not required as conditions can adequately control the development
Applicants prepared to enter into private legal agreement but this is not required to make the development acceptable
No response recorded by Parish Council
The application seeks to regularise existing activities and not intensify operations in any way
Concerns relate to what may happen in the future

Letter received from applicant on 30.05.2017 raising concern that the Parish Council chose to raise no representations to the application.
Where reference is made to plan no. 5485-101 P3 (pages 39, 41, 43 and 45) it should state 15-5485-100 P3.
A Noise Report (report no. AE13/09/05/17) has been submitted by Alfa Acoustics and Environmental Limited on behalf of an objector.
See Appendix 2 below for Management Plan for 16/04039/FUL referred to in condition 7.
16/02156/FUL Land North Of Stratford Road, Stratford Road, Wellesbourne
No updates
17/00096/FULRoxburgh House Nursing Home, Warwick Road, Kineton
Updated comments from WCC Highways – No objection(19.05.17)
-Following the original Highway Authority consultation response to this application, dated 28th February 2017, the proposed site layout has been amended and further information has been provided relating to the highway impacts of the proposed development.
-In its original consultation response the Highway Authority raised issues regarding visibility at both the existing and proposed vehicular accesses. In the revised Site Plan the proposed access has been moved further west, and the proposed boundary treatment has been realigned. These changes are sufficient to allow for the provision of visibility splays that the Highway Authority considers to be adequate for the proposed vehicular access in accordance with the document ‘Manual for Streets’.
-Further information has been provided relating to the highway impacts of the proposed development, including a brief survey of on-street parking in the vicinity of the site. The survey was undertaken between the hours of 04:45 and 05:30 on the morning of Tuesday 16th May 2017, which is within the times of day during which demand for on-street parking relating to existing and proposed dwellings is likely to be at its greatest. From the results of the survey and from its own observations of Warwick Road at various times of day, the Highway Authority considers that there is some capacity for additional parking on Warwick Road and in other on-street locations within a reasonable walking distance of the site.
-Two dedicated parking spaces are provided per dwelling, and one visitor space is provided on site, broadly in accordance with the Local Planning Authority’s previous parking standards. It is also noted that the existing use of the site does not appear to accord fully with the Local Planning Authority’s previous parking standards, and the Highway Authority considers it reasonable to conclude that continued use of the nursing home as currently laid out would result in some on-street parking impact, such as from visitors during evenings and weekends. Given these aspects the Highway Authority considers that, whilst the development is likely to lead to some demand for on-street parking, that demand is unlikely to lead to severe detriment to highway safety. It is acknowledged that some local residents have raised existing anecdotal incidence of vehicles mounting footways in order to pass oncoming vehicles in locations along Warwick Road where the carriageway width is relatively narrow; given the above considerations the Highway Authority does not consider that the development would be likely to increase the likelihood of such behaviour to a degree that could reasonably be described as severe.
-The proposed Site Plan has been revised such that car parking spaces have been moved in closer proximity to the vehicular access, and the Highway Authority considers that the location of the adjacent boundary treatment is likely to affect intervisibility between vehicles accessing the site from the highway and those emerging from the car parking bays close to the access. A condition is requested in order to ensure that suitable measures are put in place to ensure that adequate intervisibility can be achieved; the Highway Authority considers that this is likely to involve the lowering of the boundary treatment east of the proposed vehicular access.
-Finally, the Highway Authority considers that a pre-commencement condition is necessary for the submission of a Construction Management Plan including details of contractor and visitor parking, the delivery and storage of materials, and the prevention of mud on the highway. This is considered necessary given the relatively constrained location of the site, in order to reduce the likelihood of impacts detrimental to the safety and operation of the highway during the construction phase of the proposed development.
SDC Environmental Health – No objection subject to the standard condition contaminated land condition. (01.02.17)
Additional conditions
14. Standard contaminated land
15. Public highway footway crossing
16. Closure of existing access
17. Visibility splays
18. Intervisibility between vehicles entering the site from the public highway and users of the proposed access road and parking
17/00438/FUL Dutch Barn, Main Street, Long Compton
Additional Consultation:
Long Compton Parish Council (31.05)
-Various photos received showing views of the application site from different points
-An email submitted in support of application 16/04091/FUL (Foredraft, Oxford Road, Long Compton) that states the building which is subject of application 17/00438/FUL was built for a local farmer but was never completed and was never used for its intended purpose.
-A signed statutory declaration (dated 13.05.2015) received under application 15/01719/LDE which states the application building (which is the subject of 17/00438/FUL) was completed in July 2010 and immediately used for agricultural purposes and for no other purpose thereafter.
Additional Comment: two photos showing the application site from two different vantage points to supplement a previous objection letter (30.05)
17/00290/FUL Manor Farm, Hardwick Road, Priors Marston, Southam, CV47 7RJ
Corrections to Committee Report. (P.116)
“However, there is a mix on site with three 5 bedroom dwellings, one 4 bedroom dwelling and one 3 bedroom dwelling.”
17/00516/FUL Lodge Farm, Chesterton, Leamington Spa
Councillor J Harris – No representations at this time. (22.05.17)
16/04091/FUL Foredraft, Oxford Road, Long Compton, CV36 5LD
Additional condition (P.136): -
5. Foul/surface water drainage details required
Additional Consultation:
Long Compton Parish Council: No objection (24.05)
Additional Comment:
Support –appreciate the need for the barn. Located in an unobtrusive location (21.05)

Appendix 1 – Management Plan referred to in condition 6 for 15/02005/FUL

15 May 2017

MANAGEMENT PLAN

HOLYCOMBE HOLISTIC RETREAT

The site outlined in red on the attached plan reference 15-5485-100 P1 shall be used for the following purposes:

Holycombe House

Private dwelling
Weekend retreats with accommodation, including yoga, Pilates, singing, dancing, healing, psychotherapy, drama, song composition, Celtic mythology, t’aichi,eldersgroups,women’sgroups, men’s groups, mixed men’s and women’s groups, movement, meditation,drummaking,sound workshops,bodyworksuchasshiatsu and similar
Family bookings
Weekday classes and therapies including yoga, Pilates, dancing, massage, reflexology, counselling, shiatsu, reiki and pyschotherapy

The Lodge

Ancillary residential accommodation
Holiday lets
Accommodation in association with weekend retreats
Therapy sessions

The Studio and Garage

Ancillary residential accommodation
Holiday lets (Studio only, not garage)
Accommodation in association with weekend retreats (Studio only, not garage)

Gazebo

Ancillary residential accommodation
Accommodation in association with weekend retreats

Treehouse

Ancillary residential accommodation
Accommodation in association with weekend retreats

Grounds and Other Outbuildings

Purposes ancillary to the uses identified above

These uses and activities will be subject to the following controls:

1.The holistic retreat business shall be managed by Mr and Mrs Birtwell. When the site ceases to be occupied by Mr and Mrs Birtwell (i.e. neither remain), the holistic retreat use shall cease. The lawful use shall thereafter revert to:

Holycombe House – single dwelling
The Lodge – ancillary accommodation to Holycombe House and/or holiday let
The Studio & Garage – ancillary accommodation to Holycombe House and/or holiday let (holiday let within The Studio only, not the garage)

The land outlined in red on attached drawing reference 15-5485-100 P1, together with any other buildings within it, shall only be used for purposes ancillary to the lawful uses identified above.

2.The Retreat use shall provide overnight accommodation for not more than 31 people at any one time

3.The commercial use of the grounds shall be restricted to 8am-8pm Monday to Saturday and 9am-5pm on Sundays and Bank Holidays subject to the following exceptions:

Quiet classes, to include yoga, t’ai chi and meditation, may take place from 5am each morning provided no music is played
People attending permitted commercial activities at the Holycombe House site may use the grounds for outside dining at any time
There shall be no restriction on people walking or sitting within the grounds at any time

4.There shall be no drumming courses within the grounds

5.All parking of vehicles associated with the Retreat shall be within the site outlined in red on the attached plan reference 15-5485-100 P1.

6.Mr and/or Mrs Birtwell will notify the District Council should any other activities be proposed which are not otherwise stated above for consideration and approval in writing by the LPA before any such activity is undertaken, such approval to be given in a timely manner and not unreasonably withheld.