Committee and Date Item/Paper

North Planning Committee (Oswestry) 7

20th April 2010 Public Development Management Report

Application Number: 10/00600/FUL Parish: Llanyblodwell

Grid Ref: 325490 - 324081

Proposal: Erection of wooden holiday chalet for use as a holiday let

Site Address: Cefn Lane Farmhouse Cefn Lane Nantmawr Shropshire SY10 9JD

Applicant: Mrs L Lea

Case Officer: Vicky Hodgson email: [email protected]

1.0 THE PROPOSAL 1.1 The application seeks permission for the erection of a wooden chalet at Cefn Lane Farmhouse, Nantmawr. The chalet would be used for holiday let accommodation. The proposed structure would measure 7.5m by 11.7m, 2.85m to eaves height and 4.65m to ridge height. The internal accommodation would comprise three bedrooms, a kitchen/dining area, living room, bathroom and covered external area. The chalet would be positioned approximately 36.5m to the southwest of the dwelling and 12m to the southwest of the existing holiday let/outbuildings. Amended plans have been submitted which show the chalet to have a shower room/wet room and ceiling joist runners for a ceiling hoist. The original plans submitted did not include these features.

1.2 Planning permission was refused under delegated powers on 13th October 2009 for a similar proposal on the same site because it did not comply with current Local Plan policies. The proposed chalet was smaller is size measuring 5.5m by 6m with an overall height of 4m and positioned 27m from the nearest building. The building was for general tourist use.

1.3 The main difference between the current application and the previously refused scheme is the chalets size, location, increased screening and accessibility for disabled occupants (amended plans).

2.0 SITE LOCATION/DESCRIPTION 2.1 The application site is a paddock/field located in an elevated position on the southern side of Cefn Lane to the south of Nantmawr. The site adjoins the curtilage of Cefn Lane Farm (to the east) which comprises a detached stone dwelling (applicants’ residence) and an L-shaped stone outbuilding located to the southwest of the dwelling. Part of this building is used as a holiday let.

Contact: Edwina Smart on 01691 677264 North Planning Committee (Oswestry): 20th April 2010

Cefn Lane Farm is in an isolated position with no residential properties directly overlooking the site and few within the immediate locality. Agricultural land predominantly surrounds the site and a small wooded area to the southeast. Offa’s Dyke Path National Trail runs along Cefn Lane to the north and a public right of way (FP 15) runs along the western boundary of the application site. The site is within an Area of Special Landscape Character as designated in the Oswestry Borough Local Plan, positioned at where landscape identified as both Principal Timbered Farmland and Wooded Hills and Farmland meet.

2.2 Planning permission was granted in 2002 to convert part of the outbuilding to a residential unit for use as holiday let, ‘Bramble Barn’ (Ref: 02/12104/FUL). The holiday let has been in operation for the past 3 years and can accommodate up to 4 people at any one time. There is also a plunge pool at the site which is used by visitors of Bramble Barn. The success of the existing holiday let has prompted the applicant to apply for further holiday let accommodation in the form of a timber chalet which the applicant claims would ensure the future success of their business, and boost the rural economy; specifically the local tourism economy.

3.0 RECOMMENDATIONS 3.1 It is recommended that the application be refused.

4.0 REASON FOR COMMITTEE 4.1 Supporting comments have been received from the Parish Council and from other interested persons. Councillor Walpole has also formally requested that the application be decided by the Planning Committee and has also made a request to speak supporting the application.

5.0 RELEVANT PLANNING HISTORY 5.1 09/02232/FUL – Erection of a wooden chalet for holiday let – Refused 13th October 2009 03/12896/FUL – Extension to dwelling – Approved 4th December 2003 02/12104/FUL – Conversion of part of barn to residential unit for holiday let – Approved 23rd July 2002

6.0 CONSULTEE RESPONSES 6.1 PC – No objection to the application and are in full support of the development. Open Spaces Society – State that the public right of way should remain open and available at all times. Oswestry Ramblers – Raises concerns relating to the proposed new hedge which would cross the line of the public footpath and advises that an opening should be retained or gate/stile provided in the new hedge if the application is approved. ROW – No observations recorded to date.

7.0 PUBLIC REPRESENTATIONS 7.1 Supporting comments have been received via the agent from three separate interested parties, one of which is from the Secretary of the charity Disabled Holiday Information. The following supporting comments are expressed; The proposed chalet would provide holiday accommodation for families with disabled relatives as accommodation for people with disabilities is not usually structured towards families.

Contact: Edwina Smart on 01691 677264 North Planning Committee (Oswestry): 20th April 2010

The development would greatly benefit many of the regular patients at the Spinal Unit in Gobowen. The proposal would be an asset to the area and would provide a great opportunity to expand the already excellent facility enabling larger families and friends to enjoy and explore the fantastic area and countryside. There is a real need for further suitable accommodation with wet-room/level access showers to meet the increasing demand. At present Disabled Holiday Information only have knowledge of one unit of self catering accommodation truly providing access for all (including wet room and ceiling hoist), however this property is located in south Shropshire and does not have an accessible kitchen. The proposed chalet would provide a unique facility for visitors who have more complex needs, allowing them as much independence as they are able to achieve.

8.0 PLANNING POLICY 8.1 Central Government Guidance: PPS1 – Sustainable Development PPS4 – Planning for Prosperous Economies PPS7 – Sustainable Development in Rural Areas

8.2 West Midlands Regional Spatial Strategy Policies: RR1 – Rural Renaissance

8.3 Oswestry Borough Local Plan: Policy TM3 – Self-catering Accommodation Policy TM5 – Chalets and Static Caravans Policy NE1 – Areas of Special Landscape Character Policy NE2 – New Development in the Countryside

9.0 THE MAIN PLANNING ISSUES 9.1 Design and Scale Impact on Area of Special Landscape Character Impact on Public Right of Way

10.0 OFFICER APPRAISAL 10.1 Principle of Development 10.1.1 Cefn Lane Farmhouse presently has a holiday let in the form of a converted outbuilding. The planning application (02/12104/FUL) to convert this building was considered against policies H17, H21 and TM3 of the Local Plan and successfully met the criteria of these policies. The current application and other applications for new tourist developments including chalets or similar are considered for determination using Local Plan Policy TM3 – Self Catering Accommodation or Policy TM5 – Chalets and Static Caravans. The previous application was refused under delegated powers because it failed to meet the criteria of policies TM3, TM5, NE1 and NE2 of the adopted and saved Oswestry Borough Local Plan. Policy TM3 states that newly constructed units should be within town/village development boundaries or closely associated with an existing tourist facility. Policy TM5 states that development should be unobtrusive and of a scale which can be adequately assimilated into their surroundings so as to protect the countryside from sporadic development. This policy also states that sites should be closely related to settlements where a range of facilities are available. According to Oswestry Borough Council

Contact: Edwina Smart on 01691 677264 North Planning Committee (Oswestry): 20th April 2010

Practice Guidance Note – Chalet and Log Cabin Development (March 2008) tourism facilities may include sports, leisure and recreational facilities but should also offer a range of services that are similar to those found within villages, for example, a shop, a pub or café and a bus service or similar.

10.1.2 PPS4, Policy EC7 (Planning for tourism in rural areas) supports local plan policies and the Guidance Note by stating that in the case of tourist and visitor facilities ‘new buildings should be provided in, or close to existing service centres or villages’ or are ‘required in conjunction with a particular countryside attraction’.

10.1.3 This application is for the development of a timber chalet located on land adjoining Cefn Lane Farm and would be used as an additional holiday let. According to the information provided in the application the current holiday let (Bramble Barn) business is very successful which is a reason why they have applied for a further holiday let. They state that there is a lack of self catering accommodation available to disabled people and therefore wish to ensure that the proposed chalet would be accessible to both able and disabled persons. The information submitted refers to there being several tourism facilities within the immediate location, including the on site plunge pool; Offa’s Dyke Path (National Trail); the Cambrian Railway Project; Nantmawr Quarry mountain biking facility (within 1 mile of the site); Tynewydd Bryn Fisheries and Four Gables Course Fishing (within 2 miles); and several public houses within a 3 mile radius. A regular bus service is available at the end of Cefn Lane.

10.1.4 Although there are some tourism facilities nearby the site itself could not be described as an established tourism facility using the Practice Guidance Note. The chalet would be development in a remote location outside of any settlements and therefore in open countryside and an Area of Special Landscape Character.

10.1.5 The provision of disabled facilities is virtuous and this scheme would provide suitable accommodation for disabled visitors. However, the provision of a wet room and specialist equipment in the form of a ceiling hoist is the only distinguishing feature separating this building from another. Furthermore, the provision of the specialist equipment proposed is a recent amendment to the proposed scheme and was not submitted as part of the original scheme. The site itself offers pleasant views and has the benefit of a plunge pool. However, its distance from any settlement and tourism facilities suitable for disabled people means that any family or group with a disabled member would inevitably be dependent upon the car for much of the time. The proposed chalet fails to meet current local plan policy in several ways and should not be considered solely because it offers a form of specialist equipment which could be installed in many types of buildings. If the application were approved the case may encourage similar proposals solely because they would provide specialist equipment, no matter their location.

10.1.6 Access to the chalet from the parking area is not considered to be beneficial to any disabled visitor, the proposed path alone measures approximately 30m in length.

Contact: Edwina Smart on 01691 677264 North Planning Committee (Oswestry): 20th April 2010

10.1.7 To prove the popularity of the existing holiday accommodation supporting information was submitted in the form of recent financial accounts and a statement suggesting that at present customers have to book 6 months in advance; however this is not unusual for holiday accommodation of this type. Although information provided by the applicant does give some idea to the success of the business there is no evidence showing further details of the number of visitors, return visitors, etc.

10.1.8 The proposed development fails to demonstrate that it would be a sustainable form of tourist development and is therefore considered unacceptable in principle.

10.2 Design and Scale 10.2.1 The proposed structure would be single storey in height and would measure 11.7m in length, 7.5m in width and 2.85m to eaves height and 4.65m to ridge height. The internal accommodation would comprise three bedrooms, a kitchen/dining area, living room, bathroom and covered external area. Amended plans have been submitted which show the proposed chalet would have a shower room/wet room and ceiling joist runners for a ceiling hoist intended for disabled access.

10.2.2 The chalet would be predominantly constructed of timber and positioned approximately 36.5m to the southwest of the dwelling and 12m to the southwest of the existing holiday let/outbuildings and as such lies outside the traditional range of farm buildings. Vehicular access would be via the existing access point off Cefn Lane and a designated parking area provided within the curtilage of Cefn Lane Farm. The chalet would be accessed from the curtilage of Cefn Lane Farm via a concrete slab path and would be surrounded by new tree planting and landscape scheme in an attempt to reduce the impact of the proposed development, including a proposed hedge/fence extending from east to west to the north of the chalet. This would cross the existing public right of way (FP 15); however the applicants have agreed to provide access in the form of a gate/stile.

10.2.3 It is indicated that the traffic movements generated by the chalet would be approximately 2-4 extra per day. However, the number of visitors to the site at any one time would also increase from 4 to potentially 10 or even 12 as the chalet has three bedrooms, an increase of 150-200 per cent.

10.3 Impact on Area of Special Landscape Character 10.3.1 PPS4, Policy EC7 states that new chalet development should not be prominent on the landscape or located on visually and environmentally-intrusive sensitive sites. The proposed development is of substantial size sited in a field/paddock approximately 12m from the nearest building and within an Area of Special Landscape Character. Due to the site’s elevated position and the topography of the land surrounding the site the chalet would be visible from various locations including several properties and users of Cefn Lane. Although some further screening is proposed, due to its elevated position and location in what is recognised as ‘open countryside’ the chalet would be an obtrusive form of development and therefore fails to meet Local Plan policies NE1 and NE2.

Contact: Edwina Smart on 01691 677264 North Planning Committee (Oswestry): 20th April 2010

10.4 Impact on Public Right of Way 10.4.1 The proposed new hedge/fence would cross the line of the public right of way. The agent has confirmed that the applicants would provide a gate through the new hedge/fence so that the public right of way is not significantly affected by the proposal.

11.0 CONCLUSION 11.1 The chalet would be a substantially sized building located in a field away from any other buildings and in open countryside. The site is in a remote location within an area designated as an Area of Special Landscape Character and outside of any settlements which include a development boundary. The site is not itself an established tourism facility, and although there are some tourism facilities nearby it is not considered that they would help to make the development viable. The supporting information provided, including the financial accounts of the established business fails to justify any further new development at the site. The number of visitors to the site at any one time could potentially increase by 150 to 200 per cent.

11.2 The proposed chalet fails to meet current local plan policy in several ways and should not be considered solely because it offers a form of specialist equipment which could be installed in many types of buildings.

11.3 The proposed development fails to demonstrate that it would be a sustainable form of tourist development and is therefore considered unacceptable. The proposal fails to meet Local Plan policies TM3, TM5, NE1 and NE2 and is therefore recommended for refusal.

LIST OF BACKGROUND PAPERS

HUMAN RIGHTS Article 8 give the right to respect for private and family life and First Protocol Article 1 allows for the peaceful enjoyment of possessions. These have to be balanced against the rights and freedom of others and the orderly development of the County in the interests of the Community.

First Protocol Article 1 requires that the desire of landowners must be balanced against the impact of development upon nationally important features and the impact on residents.

This legislation has been taken into account in arriving at the above recommendation.

Environmental Appraisal See Report.

Risk Management Appraisal N/A

Community / Consultations Appraisal See Report.

Member Champion

Contact: Edwina Smart on 01691 677264 North Planning Committee (Oswestry): 20th April 2010

Councillor Martin Taylor Smith

Local Member Councillor Arthur Walpole

Appendices None.

Reason for refusal

1. The proposal would constitute an inappropriate form of development within open countryside and an Area of Special Landscape Character, in a location that is not within or close to either a town or village development boundary, or and existing tourism facility, and is therefore contrary to the requirements of saved and adopted Policy TM3 (2), TM5 (4) of the Oswestry Borough Local Plan.

2. The proposed development is of a scale that is not compatible with the character of its immediate surroundings and within an Area of Special Landscape Character therefore the development would be obtrusive and would create a sporadic form of development in open countryside contrary to policies TM3 (3), TM5 (2 and 3), NE1 and NE2 of the adopted and saved Oswestry Borough Local Plan.

© Crown Copyright. All rights reserved. Shropshire Council 100049049. 2010 For reference purposes only. No further copies may be made.

Contact: Edwina Smart on 01691 677264