SCHEDULE: (g) SL/2016/0960

PARISH: SKELSMERGH

High Thorn House, Selside

PROPOSAL: Siting of three static caravans to be used as self-catering fishing lodges

APPLICANT: Mr Raymond Crawford

Grid Ref: E: 352835 N: 498695 W ard Bdy FW

D e f

178.6m

FW

D ef

W a rd 183.5m D B e d f y

High Thorn

178.9m Therns Farm

Katies Barn

Beech Cottage

Spreads Spring The Granary Fishing Platforms

Pond

Pond

" W

The material contained in this plot has been reproduced from an Ordnance Survey map with permission of the SL/2016/0960 Controller of Her Majesty's Stationery Office. Licence No. 100024277 © Crown Copyright Land at High Thorn House Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings Selside

Scale 1:2500 SUMMARY The proposed development seeks planning permission to install three static caravans around the northern part of a lake at High Thorn, Selside. The main issues relating to the application are: the principle of creating a new caravan site in an area of designated open countryside; the landscape and visual impacts of the development; highway and ecology impacts.

DESCRIPTION AND PROPOSAL Site Description The site is approximately 600m to the east of the A6 at Watchgate and approximately 3.5 miles north of . The site consists of two fishing lakes within a bowl in the landform. The land rises to a rural lane in the north and east, the main farm buildings to the west and Watchgate Treatment plant to the south. There are existing mature trees on the east bank which slopes up to the lane.

Proposal The application seeks planning permission for the siting of three static caravans on previously constructed platforms around the northern part of the lake. The caravans would be used in connection with the fishing lake to provide holiday accommodation.

HISTORICAL CONTEXT Planning permission was refused for eight, six then four timber static caravans around the northern side of the tarn in 2008 / 2009 (SL/2008/0130, SL/2008/1114 and SL/2009/0731 respectively). The planning permissions were refused due to the lack of screening and impact upon the landscape. Works appear to have commenced to widen the access to the site and re-surface a track around the lake in 2009. These works were brought to the Council’s attention in November 2009. Subsequently Notice of Intention submissions were granted for the surfacing of a track (SL/2011/0358) around the north, east and south of the main lake and for the erection of four duck huts (SL/2010/1087) around the northern part of the lake and one at the southern end. The track has been constructed but parts are not in the location as shown on the approved plan. One duck hut was partially constructed but it was located to the east of the approved position. Neither of these consents therefore have been legally implemented. Planning permission has been granted for the conversion and extension of buildings to holiday accommodation within the farm complex to the west. Planning permission (SL/2016/0453) was granted last year for the conversion of a building to a dwelling but permission was also refused for the conversion of a more prominent and isolated building (SL/2016/0509). An application is also under consideration for the retention of the unauthorised track, the duck hut and its use for holiday accommodation purposes (SL/2016/0904).

CONSULTATIONS Skelsmergh Parish Council: No comments have been received from the parish council.

Whitwell and Selside Parish Meeting: No comments received.

Cumbria Highways: The principle is acceptable. Conditions have been requested with regard to the surfacing of the access road for the first 5 metres and provision of a surface water drainage scheme.

SLDC Environmental Protection Officer: No comments other than requesting the package treatment plants are sited approximately 10 metres from the lodges.

Neighbours / Others: No comments received.

APPLICANT’S REPRESENTATIONS The applicant has decided not to pursue the duck rearing business. Following the granting of planning permission for self-catering lodges in the former granary (within the farm complex) he is seeking to build on what has become a successful operation in support of the local rural economy.

POLICY ISSUES Core Strategy (CS): Policy CS1.1 Sustainable Development Principles states there is a need to grow the local economy in a sustainable way, supporting the vitality and viability of service centres, fostering local business development and rural diversification and attracting new investment into the area, thus reducing dependency on lower-paid sector jobs and high level jobs in areas outside the district. Support for tourism, which is a key driver of the local economy, needs to be balanced with protecting and enhancing the attractiveness of the area. It is also stated that it is vital to protect the countryside for its intrinsic beauty, diversity and natural resources and also for its ecological, geological, cultural and historical, economic, agricultural, recreational and social value. It is also stated that there is a need to take account of and enhance landscape character and features. Policy CS1.2 The Development Strategy states e xceptionally, new development will be permitted in the open countryside where it has an essential requirement for a rural location, is needed to sustain existing businesses, provides for exceptional needs for affordable housing, is an appropriate extension of an existing building or involves the appropriate change of use of an existing building. Policy CS7.4 Rural Economy states that favourable consideration will be given to suitable employment-related development in rural areas where the proposal is not detrimental to the character or appearance of the landscape or settlement. Policy CS7.6 Tourism Development supports the creation, enhancement and expansion of tourist attractions and tourism infrastructure in accordance with the development strategy in CS1 and the principles for tourism development in the RSS (Policy W7). It is stated that development should be of an appropriate scale and be located where the environment and infrastructure can accommodate the visitor impact. Where a proposal is not readily accessible by public transport, then it will be permitted where it relies on [sic] a specific geographical resource or contributions are made to improve accessibility. It is also stated that particular emphasis is placed on improving the quality of existing visitor accommodation and the need to broaden the range of accommodation provided. Policy CS8.2 Protection and Enhancement of Landscape and Settlement Character states that development proposals should be informed by and be sympathetic to the distinctive character landscapes identified in the Landscape Character Guidance and Toolkit. Proposals should demonstrate that their location, scale, design and materials will protect and conserve the special qualities and local distinctiveness of the area. Policy CS8.4 Biodiversity and Geodiversity requires that all development should protect, enhance and restore the biodiversity and geodiversity value of land and buildings; minimise fragmentation and maximise opportunities for restoration, enhancement and connection of natural habitats; and, incorporate beneficial biodiversity and geodiversity conservation features, including features that will help wildlife to adapt to climate change where appropriate. Policy CS8.10 Design seeks to promote good design which maintains or enhances the quality of the area.

Development Plan Document (DPD): Local Plan Land Allocations: Policy LA1.0 outlines the presumption in favour of sustainable development. Policy LA1.1 outlines the development boundaries for the district.

Saved Policies of the South Lakeland Local Plan (LP): Saved Policy T6 Caravan Site Development Outside the Arnside-Silverdale AONB states that outside the Arnside-Silverdale AONB, proposals for new caravan development, or small-scale extensions to existing sites, will only be permitted where there is no adverse impact on: (a) the conservation of the landscape and built environment; (b) the capacity of the surrounding road system and the adequacy of parking and access; or (c) the protection of wildlife, archaeological and geological features. Saved Policy S2 Design outlines the design code for South Lakeland. Saved Policy S3 Landscaping states a high standard of landscaping will be required of all new development, both for the initial scheme and it’s long-term maintenance. Where possible, existing landscape features shall be integrated into landscape schemes.

Other Material Considerations Council Plan 2014 – 2019: The broad aims of the five year Council Plan are: • enable and deliver opportunities for economic growth • provide homes to meet need • improve residents’ health and well being, and • protect the environment.

National Planning Policy Framework (NPPF): Paragraph 28 states planning policies should support economic growth in rural areas in order to create jobs and prosperity by taking a positive approach to sustainable new development. To promote a strong rural economy, local and neighbourhood plans should:- • support the sustainable growth and expansion of all types of business and enterprise in rural areas, both through conversion of existing buildings and well-designed new buildings • promote the development and diversification of agricultural and other land- based rural businesses • support sustainable rural tourism and leisure developments that benefit businesses in rural areas, communities and visitors, and which respect the character of the countryside. This should include supporting the provision and expansion of tourist and visitor facilities in appropriate locations where identified needs are not met by existing facilities in rural service centres. Paragraph 109 states the planning system should contribute to and enhance the natural and local environment by:- • protecting and enhancing valued landscapes.

Caravan Sites and Control of Development Act 1960 (CSA): Town and Country Planning (General Permitted Development) () Order 2015 (as amended).

HUMAN RIGHTS ACT This application has been determined to accord with the rights and limitations of the Act in relation to Article 6 (Right to a fair and public hearing), Article 8 (Right to respect for private and family life, home and correspondence), Article 14 (Prohibition of discrimination) and Article 1 of Protocol 1 (Right to peaceful enjoyment of possessions and protection of property). ASSESSMENT There are four main issues for consideration: 1. The principle of development 2. The impact on the landscape 3. Highway safety 4. Ecology.

1. Principle The holiday caravans are proposed as a diversification project to complement the existing holiday and fishing operation at High Thorn Farm. Paragraph 28 of the NPPF and Policies CS7.4 and CS7.6 of the Core Strategy support development for diversification of rural business where it will complement the local economy. Policy CS1.2 of the Core Strategy which relates to the development strategy for the district, states that exceptionally, new development in the open countryside will be an exception where there is an essential requirement for a rural location. The holiday caravans are proposed as a diversification project to supplement the income generated from the holiday accommodation and fishing lake and which will support the reduction of traditional farming due to the applicant’s health. The proposed development is isolated from the existing farm / holiday unit complex, where diversification activities would normally be located. There is however limited scope for new buildings within the farm complex due to the grouping of buildings, agricultural activities and the elevated position. The site subject to this application is associated with the fishing lake and the caravans are intended to enhance the provision for fishing associated activities / holidays in this area. Policy CS7.6 of the Core Strategy and saved Policy T6 of the Local Plan provide specific support for the creation of new small scale caravan sites subject to three criteria which relate to conservation of landscape and built environment, access and protection of site features.

2. Landscape Impact The site is within an area defined as ‘Foothills’ in the Cumbria Landscape Toolkit which is characterised by rolling hills, farmland and moorland with semi-natural woodland in valleys. Key guidelines for development include ensuring new farm development is carefully sited and designed. In this area to the north-east of Kendal, caravan / chalet sites have been granted and developed at Poppy Farm, Bouthwaite, Top Thorn, Patton Hall and Hill Top. The development at Poppy Farm to the south of the site is prominently located adjacent to the lane and landscape with no screening. It is necessary to ensure that further caravan development in this area does not create a cluttered landscape interrupting the rolling hills and valleys. The track around the lake and the platforms were installed following the Notice of Intention applications for a track and duck hut. The access from the lane is not in the approved position therefore does not benefit from this consent. It does however appear that work started in respect of the track in November 2009. The applicant has stated that the track was completed shortly after the Notice of Intention in 2011. The Council does not however have evidence to dispute the dates given by the applicant. The track around the northern part of the lake is clearly visible from the lane to the east and has altered the natural character of the lakeside. The site of the proposed caravans is within a bowl in the landscape with views limited to a localised area from the lane to the east. While there is a hedge along the side of the lane, there are gaps within the hedge where the views open up into the valley. These gaps provide an open aspect where the characteristic rolling hills, valleys and farmland are emphasised and apart from the track around the lake, unspoilt. The track and the proposed positions of the caravans are clearly visible from the users of the rural lane. The addition of caravans in the locations chosen will exacerbate the visual impact when viewed from the lane. The caravans will add built structures around the lake, materially altering and interrupting the rural open character of the valley, and a have a significant adverse impact upon the immediate landscape. Since the refusals in 2008 and 2009, additional tree planting has taken place around the lake. The additional planting is still small and does not provide an effective screen from the minor lane immediately to the east of the site. The provision of effective screening along the side of the lane would take a considerable time to take effect. In the meantime the caravans would be visible and adversely affect the openness of the landscape. If such landscaping were to be in place, the type of hedging and the long terms maintenance would be critical to screening. It is not clear that such maintenance regimes would be in place or that they would effectively provide such a screen in the long terms. The position of the proposed caravans between the rising hillside and the lake will minimise visual impact from the wider landscape. The topography, mature trees halfway along the lake, and the scale will ensure that the caravans would not appear as significant features within the landscape. The agent has drawn attention to the duck huts approved in 2011. These structures were however approved under the Notice of Intention procedure. This procedure provides a permitted development for agricultural buildings where the building is reasonably required for agriculture. The procedure limits the issues for consideration to the siting, design and external appearance of the building. The location of the approved duck huts was necessitated by the position adjacent to the water. The locations approved were therefore the most appropriate for the proposed agricultural use. It should also be noted that where an agricultural use ceases within three years, the General Permitted Development Order requires the removal of a building erected under this procedure. It is not considered that this previous consent for agricultural buildings provides a precedent for development for a tourism accommodation use, where full planning permission is required. In terms of the assessment, the impact upon the landscape has significant weight and while diversification of the rural economy is also a consideration, this does not outweigh the adverse impact the development would have upon the open landscape around the lake. The proposal is therefore contrary to the aims of Policies CS1.1, CS7.4, CS7.6 and CS8.2 of the Core Strategy and saved Policy T6 of the Local Plan.

3. Highway Safety The traffic generated by three static caravans will not have a significant impact on the local road network which leads to scatter dwellings, a farm and locally the caravan park at Poppy Farm. The access to the site has been altered in the past and has sufficient width and visibility to accommodate the proposed use. The surfacing of the first section adjacent to the lane, as requested by the Highway Authority would be beneficial.

4. Ecology The caravans would be sited on three hardstanding areas adjacent to the lake. As these are already developed the proposal would not affect the ecology within the lake or habitats. The detailed position of the septic tanks could be controlled by conditions to protect the water quality.

Financial benefits to Local Authorities for the development In accordance with the requirements introduced by Section 115 of the Housing and Planning Act 2016. The financial benefits of the proposed development are estimated below. Source Benefit Community Infrastructure Levy Nil. Business Rates To be reported. New Homes Bonus Nil.

It is considered limited weight should be attached to the financial benefits arising from the proposed development.

CONCLUSION In conclusion, the proposed caravans would have a harmful impact upon the open character of the lakeside and the landscape contrary to the aims of Policies CS1.1, CS7.4, CS7.6 and CS8.2 of the Core Strategy and saved Policy T6 of the Local Plan.

RECOMMENDATION: REFUSE for the reason below:- Reason The use of the land for the siting of static holiday caravans would create built development which would interrupt the open rural valley, significantly changing its character when viewed from the elevated rural lane. The development would result in adverse impacts upon the visual amenity of the local area and the character of the local landscape which are not outweighed by the social and economic benefits of the development. The development is therefore contrary to the provisions of saved Policy T6 of the South Lakeland Local Plan; Policies CS1.1, CS7.4, CS7.6 and CS8.2 of the South Lakeland Core Strategy; and, Paragraph 109 of the National Planning Policy Framework. P & P The Local Planning Authority has acted positively and pro-actively in Statement determining this application by clearly identifying in pre-application discussions the policy issues. However, the policy principles are so fundamental in relation to the proposal that it is not possible to negotiate a way forward to overcome the clearly expressed reason of refusal.