Planning Committee 15 February, 2018 WD/D/17/001356
Application Number: WD/D/17/001356 Full
Registration Date: 12 July, 2017
Application Site: THE ORCHARD, CIDER APPLE ORCHARD, CHANTMARLE LANE JUNCTION CHANTMARLE TO, CHALMINGTON, DORCHESTER, DT2 0HB
Proposal: Use of land for siting of 5 shepherd's huts with composting toilets, extension to barn to form taproom, cafe and farm shop and installation of temporary mobile home.
Applicant: Mr Green
Ward Members: Cllr N M Penfold
Case Officer: Robert McDonald
The application is before Members following deferral at the previous meeting on 18 January 2018. The application was deferred to allow for further negotiations with the applicant over the hours of operation of the tap room/cafe/farm shop. Updates and amendments to the previous report are in bold below.
Summary Recommendation 1.1 Approve subject to conditions.
2. Description of development 2.1 Site and surroundings
The application site lies to the south of the Chalmington hamlet and about 0.5km north of the Cattistock settlement, which does not have a DDB but is a 200+ population settlement. The proposals concern a strip of land skirting around the northern boundary of the holding which is currently farmed as a cider orchard. The wider holding is some 7.86ha in size and comprises a 40 year old apple orchard, planted with some 2600 cider apple trees.
2.2 In terms of built form on site, the only existing building is a steel portal framed barn, finished in green, which services the land and cider production. There are areas of hardstanding adjacent to the barn and a track providing access to the unclassified road which connects the hamlet to the C class road passing through Cattistock and beyond. The existing entrance to the site is gated and set in a dip in the road, with levels rising up to the north and south. 2.3 The orchard is enclosed by substantial tree cover along some of the boundaries, with substantial hedgerows lining the SE and SW boundaries. A row of trees lining the road to the south east of the holding are protected by TPOs and, within the holding itself, the grouping of trees in the SW corner (known as Chalmington Firs) is also protected by a TPO. From this corner there is a public footpath that provides direct access across agricultural land to the village centre of Cattistock.
2.4 Like much of the district, the site is within the Dorset AONB. The wider setting has undulating topography. The Castle Hillfort, a scheduled ancient monument, lies about 0.5km to the south of the application site. The land around this is open access land which connects to public footpath which skirts around the western boundary of another schedule ancient monument called Middle Hill further east. The former open access land provides views over towards the holding and site.
2.5 Description of development
The proposed development has been amended during the course of the application to omit some elements originally proposed, following discussions with the LPA. The proposal no longer includes a separate building for the taproom/café/farm shop use and an intended woodchip boiler house building has been omitted.
2.6 The application seeks planning permission to use the land for siting of 5 shepherd’s huts with composting toilets, an extension to the existing barn to form taproom, café and farm shop and the installation of a temporary mobile home for a rural worker.
2.7 The 5 shepherd’s huts would be spread out around the northern boundary of the holding at varying distances apart. The applicant's statement contends that the huts would be sited in discrete locations, utilising existing clearings. Each hut could accommodate up to two persons and would have a wood burner, compostable toilet, integral shower and be built to a high enough standard whereby it could be occupied throughout the year. The huts would be typical in design and vernacular for such structures, constructed from timber under a metal sheet roof.
2.8 The taproom, café and farm shop would be formed as a lean-to extension to the existing barn on site. The extension would project some 6.5 metres beyond the SE side of the existing building. The additional floor area to the building would measure some 90 square metres. It would also contain two toilets. There would be a small enclosed decking area on the SE side. The extension would be constructed from timber cladding with timber framed fenestration.
2.9 The applicant's statement indicates that this facility would be open on a “flexible” basis for the public but mainly used for customers and glampers wanting to consume the cider on site and to help facilitate cider tours on site. The applicants initially proposed to have the taproom/café/farm shop open to the public from 11am to 7pm Mon – Weds; 11am to 11pm Thurs – Sat; and 11am to 4pm on Sundays. The opening hours for the tap room/cafe/farm shop have raised fundamental concerns from objectors, the Parish Council and Members during the January committee meeting. Some expressed concern the use could effectively become a public house in its use and function. It was suggested that more conventional retail opening hours be considered to protect neighbouring amenity and the character of the area.
Upon further consideration the applicants have now proposed opening hours of 9am to 7pm.
2.10 The temporary mobile home for a rural worker would be sited to the east of the barn. This would have the visual appearance of a log cabin and, in terms of size, would fall within the parameters of a ‘caravan’ by definition. It would be orientated so that the gable flanks would face the orchard.
2.11 A septic tank would be installed between the extended barn and the mobile home to service these buildings. Parking for the café and mobile home would utilise the existing hard standing on site. Parking for the shepherd’s huts is proposed to be a single space sited adjacent to each hut.
2.12 The location plan indicates that an area of land along the western boundary, just to the north of a TPO area known as Chalmington Firs, would accommodate the livestock that would be brought onto the land. Remaining fundamentally agricultural in use, this would not be a material change of use and not require planning permission. However any activity should not cause any harm or damage to the protected trees.
2.13 The matter of the red line application area and land covered by the application in relation to the farm as a whole was queried by Members at the January committee meeting. Legal advice during the meeting indicated that the Location Plan as submitted was valid and the acceptability of the plan has subsequently been confirmed by the Council's legal team.
3. Main planning issues · Principle of the development; · Impact on the character of the area; · Impact on neighbouring amenity; · Flood risk; · Impact on biodiversity; · Highway safety and parking provision;
4. Statutory Consultations
Parish/Town Council 4.1 Frome Valley Parish Council has considered this application in detail and objects to the application for the following reasons:
1. Residential unit This is likely to be the first step on a planning application process to the building of a significant residential property on the site; if planning permission were to be granted for the mobile home there is a strong chance that a future application will be made for a permanent residence. The Parish Council would want there to be an Agricultural Occupancy Condition applied.
2. Diversification The Parish Council is generally supportive of local businesses attempting to diversify. However, in this instance the Council is concerned that many of the supporters of the application are not local and will not be directly affected, though may benefit financially or via their own enterprises. This application seems to be both unsuitable and over-commercial for the site in question.
3. Flood Risk The Parish Council has attended a local meeting about the application and found that concerns regarding the flood risk were not addressed. The application clearly states that the site is not at risk of flooding which the Parish Council feels is not correct due to clear indications on The Environment Agency flood map for The Orchard, Chalmington which shows this address is in/near a flood risk area and that there is a high flood risk from surface water. There is also the possibility of an indirect effect on the proposed septic tank and soak-away for sewage disposal, with a good chance that the septic tank/soak-away could work in reverse when there is flooding causing the escape of raw sewage onto the site and downstream via the drainage ditch which eventually finishes up in the Frome. The claim that the development is not within 20 yards/metres of a watercourse is very dubious as the drainage ditch at the back of the proposed development could reasonably be described as a watercourse particularly in winter.
4. Waste storage and removal Section 7 of the application is advised as ‘no’, the Parish Council has concerns over how waste from the mobile home, farm shop and commercial kitchen is being dealt with. Some clarification over how trade effluent will be dealt with is required.
5. Trees and Hedges The Parish Council agrees with the concerns raised by the Landscape Officer.
6. Hours of opening There were no proposed opening hours included in the application. There is some concern that the development, with its licensed tap-room, cafe and farm shop, far from helping to promote and retain ‘local services and community facilities in villages such as local shops’, would have a negative impact on local amenities in the nearby village of Cattistock.
7. Licences and change of use The Parish Council has not been able to ascertain from the application that the correct licences have been applied for, or any mention of a ‘change of use’. Presumably there will be some requirement attached for the proposal to sell alcohol both in conjunction with the shop and glamping aspects of the application – for consumption both on site and off site. 8. Utilities The application does not provide any details on how electricity will either be generated or supplied to site. The Parish Council understands there is currently no mains electricity at the site.
9. Industrial or Commercial Processes and Machinery The Parish Council would like to see more information on the machinery which is presumably going to be required as part of the proposed production of cider vinegar, cider brandy and ice cider. Environmental considerations will not doubt be attached to machinery of this type. No detail has been supplied.
10. Pollution – light and noise Residents local to the site have raised the issues of light and noise pollution emanating from the site which the Parish Council would also like to highlight.
11. Agricultural waste and impact The application refers to 10 sows, 1 boar and approx. 50 piglets being kept on site at any one time (Mr Green advised only 5 sows pregnant at any time with two litters each per year); 100 geese and 50-100 ducks. The Parish Council would like to see details of plans to deal with faecal waste, noise, and if there is food and water about, then this will attract vermin.
12. Biodiversity and AONB The site is within an AONB and the kind of development proposed is not likely to enhance what the West Dorset, Weymouth & Portland Plan describes as the essential qualities that such a designation carries with it, namely ‘a sense of tranquillity and remoteness’. Neither should the potential impact of numbers of visitors and vehicles on the immediate area and the problems inherent in the narrow road system that serves the site, be underestimated. The Council is aware of active badger setts and a local bat population, which would be affected.
13. Highways and access Parish Councillors have raised concerns about the entrance to the site which is almost blind for anyone pulling out onto the road. This is not obvious when driving down the road but the turn out is very dangerous as it is.
Highway Authority 4.2 Initial comments received 28 July 2017:
The County Highway Authority would want there to be an enhancement to the visibility to the north of the existing access – I would be happy to discuss this with the applicant.
Further comments received 7 August 2017:
Further to my earlier email, I have been back to visit the site and seen the access since action has been taken to clear vegetation overgrowth from around the access (overhanging the highway) and I am confident that with this visibility in place the access is safe and satisfactory for the proposed uses and can therefore confirm that the County Highway Authority has NO OBJECTION to the proposals. 5. Other consultations 5.1 Reading Agricultural Consultants
I write further to your letter of 12th July regarding the planning application submitted on behalf of Mr Dan Green for permission to site, for a temporary period, a mobile home at Cider Apple Orchard, Chantmarle Lane, Chalmington for occupation by an agricultural worker. Your letter of instruction requests that Reading Agricultural Consultants Ltd (RAC) undertake an appraisal of the application with respect to the advice in the National Planning Policy Framework (NPPF) and Policy HOUS6 of the West Dorset, Weymouth & Portland Local Plan 2015.
In preparing this response I have had regard to:
· the documents submitted with the planning application; and, · observations and comments made during a site visit on 18th July 2017.
I apologise for the delay in providing a formal response.
Background
1. The background and details of the activities that are to be established and undertaken at Cider Apple Orchard, Chalmington are set out in application documents, and only a summary is provided here.
2. The holding extends to approximately 7.9ha (19.42 acres) and is a 40-year-old apple orchard planted with seven varieties of cider apple trees; a total of 2,600 trees. The holding is serviced via a Council-maintained highway and has the benefit of a steel portal-framed barn. There is a hard standing surrounding the barn and a track running around the northern boundary of the orchard.
3. The orchard currently produces approximately 80 tonnes of harvested apples that are used to produce Dorset Star cider onsite that is sold locally; surplus apples are sold. At present, some nine varieties of cider are being produced however opportunities to develop further brands and products are being explored. In 2017 some 16,000 litres of Dorset Star cider was sold however there is the ability to produce approximately 50,000 litres from 80 tonnes of apples, once the systems and processes can be properly developed and managed.
4. Alongside the apple and cider production, Mr Green also plans to breed and rear pigs with 10 breeding sows, producing 160 weaners. The majority will, in time, be kept and reared for meat but in the short-term some may be sold as weaners. The pigs will be fed apple pomace - a by-product from the current cider production business.
5. In addition, the applicant proposes to rear and keep 100 laying ducks and 100 table geese each year. The ducks are kept all year and produce eggs which are sold locally; the geese are reared from February onwards ready for the Christmas market. These also both work alongside the apple orchard, with the ducks clearing pests that damage the fruit; the geese graze the orchard. 6. Finally, Mr Green proposes to run a glamping site with a total of 5 shepherd's huts. These will be spread across The Orchard in existing clearings. The application seeks permission for a log cabin to service the needs of the campers with the provision of a farm shop café/tap room to sell home grown produce including cider and pork products. A shower and toilet block (5.5m x 5.5m) and a reception area to service the glamping accommodation will also be situated within this log cabin. For avoidance of doubt, RAC does not comment on the appropriateness of this element of the development - although clearly the income from the glamping part of the business model.
7. The applicant avers that in order to operate this diverse range of enterprises properly, it is essential that a key worker is readily available at most times. The application seeks permission to site a residential mobile home on the unit for a 3-year temporary period to enable the viability of the project to be established.
Development Plan Framework
8. The Development Plan includes the National Planning Policy Framework (NPPF), published in March 2012. The NPPF is all about sustainable development and the Ministerial Foreword notes:
“The purpose of planning is to help achieve sustainable development. Sustainable means ensuring that better lives for ourselves don't mean worse lives for future generations. Development means growth. We must accommodate the new ways by which we will earn our living in a competitive world... sustainable development is about positive growth - making economic, environmental and social progress for this and future generations. The planning system is about helping to make this happen...”
9. Paragraph 28 deals with rural and agricultural development and notes inter alia:
"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. . ."
10. Paragraph 55 deals with residential development in the countryside and states:
“To promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. For example, where there are groups of smaller settlements, development in one village may support services in a village nearby. Local planning authorities should avoid new isolated homes in the countryside unless there are special circumstances such as: the essential need for a rural worker to live permanently at or near their place of work in the countryside...”
11. Local Plan policies are set out in the West Dorset, Weymouth & Portland Local Plan 2015.
Rural workers' dwellings are dealt with at Policy HOUS6, which states inter alia:
"Other Residential Development Outside Defined Development Boundaries iv) New housing for rural workers (full-time workers in agriculture, horticulture, and other rural businesses), located outside the defined development boundaries, will be permitted provided that it can be demonstrated that there is an essential need for a worker to live at or near their place of work."
12. Although no specific tests are provided to assist in the assessment of such applications, the supporting paragraph states:
".. .In considering proposals for rural workers' dwellings, the councils will need to establish that the accommodation is essential to the functional requirements of the business. It will also be necessary to establish that the business is financially sustainable in the long term, particularly where the proposal is for a permanent dwelling. The councils will also give consideration to the availability of alternative accommodation on the holding or nearby; and whether a dwelling on the holding has been sold recently on the open market. The size of the proposed dwelling should also be appropriate to the needs of the business and positioned where it will effectively meet the functional needs. A temporary dwelling may be acceptable in the case of new businesses that cannot yet show financial soundness but where it has been established that there is a functional requirement for on site accommodation."
The Appraisal
Essential Need
13. The plans for this site include:
· the managing, harvesting, processing of apples for the manufacture of cider and apple-related products; · the keeping, breeding and rearing of pigs (up to 10 sows will be kept); · the keeping, breeding and rearing of ducks for egg production; · keeping, breeding and rearing of geese for sale at Christmas; · the provision of camping. and, each of these elements has differing needs.
14. The activities that are proposed to be undertaken at Chalmington, with the exception of the camping, are similar in scale and nature to those that are undertaken at Strongs Orchard at Waytown (in the WDDC area). RAC was retained in 2009 to assess the need, or otherwise, for a residential presence to provide for the needs of apple growing/processing with pig production and advised the Council was that there was no essential need.
15. Following a refusal of planning permission this issue was examined at appeal and when the Inspector considered the needs of the business "in the round" he noted – against the need to live on site:
"Although there are times when work is at a peak, especially during fruit harvesting when temporary additional workers are required, activities such as harvesting and pruning do not need a residential presence.
The evidence about the need for an on-site residential presence to safeguard the apple blossom against weevil is unconvincing.
The same applies to ... the fact that during recent heavy snow, the lanes around the appeal site were impassable by vehicle.
The polytunnel could be liable to damage by severe weather such as high wind or heavy snow [but] I find it difficult to believe that damage control needs to be so immediate that simple safeguards and attention to weather forecasts would not be sufficient'.
16. In favour of the need to live on site - he noted:
"I can see that the cost of installing equipment such as temperature sensors able to send a telephone warning could be a burden on a developing small enterprise of this type.
I can also appreciate the risk that the fruit crop could be vulnerable if the blossom were to be affected by unexpected frost.
The appellant evidently intends the cider and vinegar vats to be well insulated to help maintain temperature control. Even so, I can accept that for monitoring purposes, an on-site presence would be highly desirable, perhaps falling marginally into the "essential" category
[The] keeping of poultry and bees would be helped if he and his family were able to continue living at the site.
The fact that previous owners of the orchard have not been able to make it commercially viable suggests that the future of the orchard without the dwelling would be doubtful..
Allowing the dwelling to be retained, even temporarily, would help the orchard based enterprise to diversify and so help the survival of the orchard.
The undisputed evidence that previous owners of the orchard have been unable to operate it profitably suggests that without the kind of diversified enterprise which Mr and Mrs Strong are trying to develop, it would be difficult for the orchard to survive commercially - and it is only the diverse operation as a whole which could justify the need for a dwelling" 17. Overall, the Inspector concluded:
"In summary, I find that on the issue of functional need, there are arguments both ways. No single point is compelling; but taking them all together, I judge on balance that the development meets the criteria in PPS 7 and local plan policy HS6 sufficiently to justify a temporary permission. This is a borderline conclusion which I have reached by a very narrow margin and despite having reservations on several matters".
18. I consider the same arguments to be entirely appropriate to this application - with apple growing and processing, and the keeping of pigs and poultry.
19. The keeping of sows and their associated piglets also generates needs. Each sow should be appropriately monitored during the farrowing process to ensure that neither she nor the piglets get into difficulty - with approximately one-two farrowings per month to ensure a steady supply of weaners is available. These piglets also need careful monitoring to ensure they are receiving adequate milk and solid feeds, and in the event of sows being unable to provide adequate milk for the litter some piglets may need to be hand-reared. As noted above the pigs will be farrowed throughout the year thus generating supervisory and welfare needs throughout the year.
20. And, finally the poultry are at risk of predation in the absence of an on-site presence. Day-old goslings are reliant on heat provided by gas heaters and electrical lamps that need to be monitored by the applicant and turned on and off as needed - they cannot properly be automated on an operation of this diverse scale. Although the management of these heaters is relatively "easy" it would be inappropriate and unsatisfactory for a stockman to leave the birds unattended for long periods of time. If the heaters were to go out, or if the temperature in the brood houses was to rise excessively, the young birds would tend to either huddle for warmth or move away from the heaters - in either event there is the possibility of crowding with some birds being smothered which, in addition to the obvious animal welfare issues, would result in the profitability of the enterprise being reduced.
21. Finally, the applicant raises the issue of security which, whilst not intended previously to carry much weight in a debate about essential need, is also relevant where stock is at risk from trespass, vandalism and potential theft.
22. Overall, I consider there is an essential need for close supervision on this unit.
Financial sustainability
23. Budgets have been prepared that set out the likely, or forecast, profitability of the unit. Whilst many of the figures cannot be compared against standard data I have reviewed the figures and consider them a reasonable estimate of likely income and costs. Once the data is stripped out, it suggests income streams of: Year 1 Year 2 Year 3 % Income
Eggs 1,104 3,324 3,324 3 Geese 6,480 6,480 6,480 5 Piglets 5,592 5,172 4,968 4 Pork 2,100 3,600 5,400 4 Wholesale cider 29,400 29,400 29,400 23 Cider apples 5,000 3,500 2,000 2 Retail cider 12,000 24,000 42,000 33 Other apple products 365 1,990 2,750 2 Tours 460 1,080 3,790 3 Camping 11,375 21,466 26,703 21
73,876 100,012 126,815 100
24. Less than a quarter of the planned income is derived from non-agricultural items (camping and tours) and the majority comes from agriculture. (RAC consider the production of cider to be ancillary to the growing of applies and thus a legitimate activity allied to agriculture).
25. Costs show a similar distribution, with 25% directly attributable to non-agricultural activities.
Year 1 Year 2 Year 3 % Costs
Poultry 5,418 5,418 5,418 8 Pigs 1,797 1,977 2187 3 Cider 25,731 28,091 31,751 45 Camping 15,758 17,147 17,670 25 Overheads 12,181 12,241 12,816 18 60,885 64,874 69,842
Profit 12,991 35,138 56,973
26. Overall, the budgets appear comprehensive and reasonable. Whether the business can actually achieve these levels of forecast profit will (subject to the grant of temporary planning permission) be determined in three years' time, but the business has a reasonable prospect of achieving viability within three years.
27. I was recently involved in a planning appeal where the Inspector reported:
"Turning to the proposed viability of the suggested enterprise, the appellant has submitted a Business Plan which sets out estimated costs and revenue for the proposed operation. There is some dispute regarding the trading price of alpacas and the future health of the alpaca industry in this country generally. However regardless of these matters, when taking into account the cost of the labour identified as required (using the minimum wage), the variable and relevant fixed costs and return on capital, the alpaca and small scale rabbit breeding side of the suggested operation would be relatively close to meeting the viability test in year 3 and 4. This would be the case whether the income from the stress therapy sessions for humans, experience days, birthday parties and meditation courses were taken into account or not. Therefore for the time being it would appear premature to reach a judgement that financial viability for the suggested enterprise would be out of the question at the end of the trial period, Therefore, on the basis that the alpaca and rabbit breeding enterprise is already up and running, there is little reason to dismiss it as not having been planned on a sound financial basis before it has had an opportunity to prove itself during a trial period",
28. I consider that the data presented is reasonable and that "there is little reason to dismiss it as not having been planned on a sound financial basis before it has had an opportunity to prove itself during a trial period',
Other dwellings
29. The only other issue is whether there are other dwellings in the locality that can meet the identified need. I have reviewed the agents' website Rightmove.com and can report that there are no properties (for sale or to rent) that are suitable and available close to the unit that could meet the identified need.
Overall, I consider there is an essential need to live on site to provide for the welfare of livestock, and to monitor biological processes.
I trust that these observations will assist you in your deliberations.
5.2 Council’s Landscape Officer
The Site currently comprises a cider apple orchard of some 7.6 hectares. The orchard is located within the southern aspect of the hamlet of Chalmington. This settlement is quintessentially rural in its character – comprising some ten residential dwellings which are located off a narrow and winding lane. Chalmington House (located ~200m to the NNW of the Site is Grade II Listed. Remnants of former parkland exist around the House and to the immediate north of the Site.
The Site is located in an isolated rural location within the Upper Frome Valley landscape character area. This area is characterised by distinctive undulating landform and a complex geology. The chalk escarpment dominates the landform to the north, east and south of the Site – providing physical and visual containment. Landcover in the vicinity comprises a mix of pasture on the valley floor/chalk uplands and copses/broadleaved woodland on the steeper slopes.
The local area has a secluded, intimate and tranquil character.
The Site in more detail: The existing orchard is an established landscape element within the vicinity.
The Proposals: The ‘Site’s Red Line area’ is quantified as 0.04 hectares within the Application Form – it is in reality ~1.11 hectares. The proposals comprise the following: The installation of 5 No. Shepherds Huts with composting toilets and allocated parking space Erection of a Taproom Café/Shower Block (timber elevations) Woodchip Boiler Shed (Timber construction) Siting of a temporary ‘Mobile Home’ (Timber elevations 16700 x 6500 x 3650). This is actually a sizeable log cabin structure and I would dispute that it would qualify as ‘mobile’? Additional parking spaces (9 No.) Agricultural livestock area (for 10 No. breeding sows) and ducks/geese.
Visual Sensitivity – Impact on views: The Orchard occupies a gently sloping site where the fruit trees run roughly north-south across the Site. The Site is bordered by ‘D’ class roads to the south and west. The road that runs from the A37 towards the Site (Stags Folly/Charity Bottom) is hedged and the existing vegetation provides good visual screening of the Site at present from the motorists’ perspective. This level of visual screening will reduce during the winter months – enabling glimpsed views of the proposed new buildings and shepherds huts. There is a gateway off this road (in the southern corner of the Site) where close-range views are attainable into the Site. A number of the Shepherds Huts/associated vehicles would be visible within this view.
The Chalmington to Frome St Quintin lane runs along the western boundary of the Site. The main access to the Site exists off this lane and comprises a double-gated opening. The gateway allows close-range views into the Site. The existing barn (southern end elevation) is visible within this view (at close range) and is set against the wider backdrop of established trees/the orchard planting. In terms of the proposals – the existing barn/orchard trees would largely screen the Taproom/Café and Staff accommodation from the Site entrance. Partial views of the Staff Accommodation would be possible during the winter months. Additional vehicular presence/movements within the Site would form new visual elements.
The periphery of the Site is generally well vegetated with established trees/unmanaged hedging. The existing vegetation is predominantly deciduous – and ‘filtered’ views through to the Site and buildings would be possible during the winter months.
To the immediate south of the Site is the dramatic landform of Castle Hill (a scheduled monument and hillfort). A substantial area of this Hill is open access land – where panoramic views can be attained from the summit. Partial views of the Site can be achieved from elevated sections of Castle Hill – where the majority of the proposed development may potentially be visible during the winter months. This Hill is particularly popular with local residents during the winter - especially when it snows.
There is little reference to ‘lighting’ within the Application. The Site currently has no mains power supply – so further clarification would be required in order to adequately assess the potential effects of lit facilities within this setting. Landscape Sensitivity: The proposed built development is largely concentrated around the existing barn and the perimeters of the Site. No tree/hedge removal is proposed. There are Tree Protection Orders along the western boundary – covering the copse known as Chalmington Firs and individual trees bordering the lane. The proposed ‘main agricultural livestock’ area is indicated to occupy a section of the western boundary – where the existing pastoral land cover would be more ‘intensively managed’ through the introduction of 10 No. breeding sows. The protected area and individual trees would need to be safeguarded from any harm arising from the proposed livestock management. The trees within Chalmington Firs may have already been compromised due to previous depositions of soil materials. The Applicant has verbally stated (during a Site meeting held on the 31st July) that he intends using the Chalmington Firs copse as part of the livestock area – which has significant implications for the protected trees. There is no mention of pig or duck housing – details of which should be submitted.
The AONB designation is underpinned by a number of Special Qualities. The following:
Qualities are considered particularly susceptible to the effects of this proposal: Undeveloped rural character Tranquillity and remoteness Uninterrupted panoramic views to appreciate the complex pattern and textures of the surrounding landscapes Dark night skies A rich heritage (recognising the Site lies within the settings of a scheduled hill fort and Listed building).
Turning to ENV1 (Landscape, Seascape, and Sites of Geological Interest) and (i) “Development which would harm the character, special qualities or natural beauty of the Dorset AONB or Heritage Coast, including their characteristic landscape quality and diversity, uninterrupted panoramic views, individual landmarks, and sense of tranquillity and remoteness, will not be permitted”- the proposed change of use has the potential to significantly affect the tranquillity of this area. Extremely low levels of ambient noise are experienced at present and the increase in vehicular use/ introduction of a Tap Room Café and possible cider tours will inevitably lead to higher levels of noise. The introduction of livestock will also have a significant impact on the tranquillity (refer also to ENV16 Amenity where proposals for development “do not generate a level of activity or noise that will detract significantly from the character and amenity of the area or the quiet enjoyment of residential properties”). The lack of information on opening hours and predicted levels of visitors to the site will all influence the perception of tranquillity.
In respect of ENV1(ii) The proposed built development will be concentrated at the lower level of the Orchard in the vicinity of the existing barn – which will help in minimising the visual effects. The elevational treatments would be sympathetic to the rural setting (ie timber cladding). The development would not significantly adversely affect the character or visual qualities of the local landscape. Turning to ENV10 (i) the proposals will not contribute positively to the maintenance and enhancement of local identity and distinctiveness as they will lead to an increase of built structures within the orchard. However – the proposed buildings are located in close proximity to an existing barn and will be partly screened by existing vegetation. The proposed Shepherds Huts/Cars will be visible within local views – mainly from the vantage points to the south and would be better located within the main barn/café/accommodation area.
The requirements for lighting require clarification as this has the potential to be detrimental to the existing unlit character of the surroundings.
The Application Form provides no information on the ‘hours of opening’ or the level of parking provision to be provided for ‘tours/events’? These details should be clarified in order to assess the degree of acceptable integration within the Site.
To conclude – This is a sensitive site - both visually and in landscape terms owing to its location within the AONB, proximity to open access land/the public highway/heritage assets/ and adjacent residential properties.
The proposed change of use would appear to apply to the ‘whole’ of the orchard holding – I would query whether the Red Line should be altered to reflect this? Whilst the proposed development is unlikely to give rise to ‘significant’ landscape/visual effects – it does have the capacity to adversely affect the local rural character and tranquillity. The intensification of use proposed will, without doubt, change the existing rural perception. Further clarification is required on opening hours/level of traffic/parking/lighting/signage and means of stock enclosure and housing in order to fully assess the landscape and visual implications.
5.3 Council’s Tree and Landscape Officer
The site is situated outside a conservation area but there are trees that are included within a tree preservation order. These are situated along the boundary and in the southeastern corner.
However, I note the design statement as taking account of these and I also note that the proposed development is to the north of the site so there appears to be no conflict with the protected trees.
If you were minded to approve the application, a condition ensuring no encroachment within the RPA of these trees and no storage of materials would be welcome. Otherwise I have no objection to the application.
5.4 Natural England
No objection, subject to biodiversity avoidance/mitigation
Issues concerning protected species The application falls within the scope of the Dorset Biodiversity Protocol, adopted by your authority, which requires the submission of a Biodiversity Mitigation Plan for all developments that affect sites greater than 0.1 ha. Natural England therefore recommends that any permission is subject to a condition to prepare and implement a Biodiversity Mitigation Plan, that has been approved by the Dorset County Council’s Natural Environment Team (NET). Provided the Biodiversity Mitigation Plan has been approved by the DCC NET Team and is made a condition of any permission then no further consultation with Natural England is required.
The Dorset Area of Outstanding Natural Beauty (AONB) The site lies within the Dorset AONB. Your authority should be satisfied that their decision in respect to this proposal meets their statutory duty of regard (Section 85 Countryside and Rights of Way Act, 2000) to the purposes of conserving and enhancing the landscape designated as an Area of Outstanding Natural Beauty and is in line with National Policy, Local Plan policy and AONB Management Plan policy.
Planning policy does not prohibit major development within designated landscapes, but clearly states that the conservation of the natural beauty within National Parks, the Broads and AONBs should be given great weight in planning policies and development control decisions and that major development within these areas should not take place, except in exceptional circumstances. We would draw you attention to Paragraph 115 and 116 of the National Planning Policy Framework (NPPF 2012).
Following amendment to the scheme and re-consultation on 30 November 2017:
Natural England note the revised plans and the negative bat/biodiversity check (dated 29/08/2017) accompanying this application and refer you to the response provided previously for this site. In addition to the recommendations in this letter, we would also recommend the advice of the Environment Agency is sought in relation to flood risk for the site.
5.5 Environmental Health
Following amendment to the scheme and re-consultation on 30 November 2017:
...having looked at the original application for the first time, I have some concerns. It will be for the planning authority to determine whether my comments can now be taken into account.
My concerns/comments are as follows:
1. Wood chip boiler. It is very probable that this would necessitate an application to the Council Environmental Health Team for an environmental permit. There will be an application fee, annual subscription charge, and conditions attached to the permit. The applicant is advised to secure the advice of an independent consultant in this regard. Burning of woodchip is a process requiring considerable technical expertise in order to secure the granting of a permit and subsequent compliance with pollution control conditions. It is unlikely that all of the associated infrastructure, storage, chipping, drying facility etc could be accommodated in the shed shown. Wood chipping can be very noisy, and the Environmental Health department would expect the nature of operations to be clarified, potentially with an acoustic consultant’s report to demonstrate the level of any effect of the nearby residential properties.
NB.The wood chip boiler has been deleted from the application
2. The application shows five glamping units with wood burners. These, combined with the proposed wood chip boiler, will potentially form a considerable source of wood smoke. The applicant should be required to demonstrate that this will not cause nuisance or undue loss of amenity to nearby properties.
3. In relation to sewage disposal, the applicant will probably need to obtain an environmental permit from the Environment Agency (as mentioned in the application documents). If a permit is not required, the applicant should demonstrate with a technical report produced by a competent person that sewage produced on site can be satisfactorily disposed of without risk to public health.
4. The applicant should demonstrate that no direct or strongly reflected artificial light is visible from nearby properties. If this is not avoidable, the applicant should provide a technical report to demonstrate that artificial light from the proposed development will meet the relevant criteria in The Institution of Lighting Engineers ‘GUIDANCE NOTES FOR THE REDUCTION OF OBTRUSIVE LIGHT’
5. The applicant should be required to demonstrate that there are adequate containment measures to prevent animal manure being washed onto nearby land, eg at times of high rainfall or high groundwater levels.
Conditions:
1. It is recommended that a condition be added preventing the playing of amplified music at any time.
5.6 Council’s Technical Services
The site is in flood zone 1 according to the EA’s flood risk maps which indicates land that has a low probability of fluvial flooding. However the EA’s surface water maps indicate that there is a high risk of surface water flooding through a section of the site. The surface water flood area is mapped from topographical data so although not an exact science, it gives a general idea of possible problem areas and flood routes. We do not have any historical records of flood issues at this location although I don’t doubt that locally there have been problems with surface water flooding in the past as reported by local residents. Although there will be a modest increase in impermeable surfaces, I don’t think the proposals will necessarily worsen the existing flood risk and much of the development appears to be sited away from the surface water flood route. The applicant should nevertheless consider how surface water will be disposed of and given the reported surface water flood issues, be satisfied that the proposals will not exacerbate or be affected by the existing flood risk and ensure that the septic tank will be sited in a position where it is less likely to be affected by possible surface water flooding.
6. Other representations 6.1 A number of material representations have been received during the course of the application, including some following amendments to the scheme. Officers deduce that these comprise:
Objections: 41 Support: 12 Comments: 13
It has been acknowledged that some have commented more than once.
A representation from the applicant and another from their partner has also been received during the course of the application.
The material considerations highlighted in the representations have been summarised as follows:
Support
- Good for tourism and local economy and would support other local facilities; - Sympathetic within landscape; - No harm to highway safety; - Dwelling on site would allow orchard to be managed better.
Objections
- Localised flooding and increased run off; - Noise and disturbance from holiday let use; - Unsustainable location relative to public transport connections; - Harmful visual impact within landscape; - Harm to tranquillity of area; - Highway safety; - Impact on local ecology; - Unnecessarily large floor areas of buildings; - Odour and noise from animals; - Light pollution; - Not a farm diversification project; - Grazing of animals would have harmful impact on TPO trees; - Overdevelopment of site; - Loss of privacy.
No further representations have been received following deferral at the January 2018 committee meeting.
Copies of the letters of representation are available to view on the website - www.dorsetforyou.com. 7. Human Rights 7.1 Article 6 - Right to a fair trial. 7.2 Article 8 - Right to respect for private and family life and home. 7.3 The first protocol of Article 1 Protection of property
8. Relevant Planning History
App. No Type Proposal Decision Date Officer
9. The Development Plan
West Dorset, Weymouth & Portland Local Plan 2015 9.1 As far as this application is concerned the following policies are considered to be relevant:
· INT1 – Presumption in favour of sustainable development · ENV1 – Landscape, Seascape and Sites of geological interest · ENV2 – Wildlife and habitats · ENV4 – Heritage Assets · ENV5 – Flood risk · ENV10 - The landscape and townscape setting · ENV12 - The design and positioning of buildings · ENV13 - Achieving high levels of environmental performance · ENV16 – Amenity · SUS2 – Distribution of development · ECON1 – Provision of employment · ECON7 – Caravan and camping sites · ECON8 - Diversification of land-based rural businesses · HOUS6 - Other residential development outside DDBs · COM7 - Creating a safe and efficient transport network · COM9 - Parking standards in new development
10. Supplementary planning documents 10.1 AONB Management Plan 2014-19 10.2 WDDC Landscape Character Area 2009
11. Other Material Planning Considerations 11.1 National Planning Policy Framework (NPPF)
Part 1: Building a strong, competitive economy Part 3: Supporting a prosperous rural economy Part 6: Delivering a wide choice of high quality homes Part 7: Requiring good design Part 11: Conserving and enhancing the natural environment Part 12: Conserving and enhancing the historic environment
Decision taking: Para 186 - Local planning authorities should approach decision-taking in a positive way to foster the delivery of sustainable development. The relationship between decision-taking and plan-making should be seamless, translating plans into high quality development on the ground. Para 187 - Local planning authorities should look for solutions rather than problems, and decision-takers at every level should seek to approve applications for sustainable development where possible. Local planning authorities should work proactively with applicants to secure developments that improve the economic, social and environmental conditions of the area.
12. Planning issues 12.1 Principle of development
In terms of principle, policy SUS2 of the Local Plan stipulates that outside defined development boundaries development will be strictly controlled, having particular regard to the need for the protection of the countryside and environmental constraints. As such there are a limited types of development that could be considered acceptable and these can include proposals for rural workers’ housing, farm diversification schemes, new employment and tourism. However, the acceptability of these is subject to compliance with other policy considerations that are afforded weight in the overall planning balance.
12.2 Essential need for the mobile home
In the applicants planning statement the justification for the mobile home on the site is stated as necessary “to run and oversee the glamping business as well as look after the livestock present.” The statement also adds that there is a functional need to staff the café/taproom and to prune and harvest the 2600 apple trees on site.
12.3 The statement mentions that “a permanent residence on site will provide much needed security as theft of alcohol and in more recent years theft of poultry has become more of a problem”. However, in the consideration of essential need, matters of security are not in themselves considered as sufficient justification for an on site residential presence.
12.4 In terms of agricultural or land-based activity on the unit, some 80 tonnes of apples are harvested from the orchard each year and this is used to make around 16,000 litres of cider on site. The cider is sold on to local pubs, restaurants and at events. Surplus apples are sold off to third party cider producers. The planning statement claims that there is the ability to produce some 50,000 litres of cider from the 80 tonnes of apples. The statement also contends that the most profitable option is to sell the cider retail from the premises. The applicant plans to explore other apple products from the harvest, such as cider vinegar, cider brandy and ice cider.
12.5 There is no dispute with regard to fruit growing falling within the s336 (of the 1990 Act) definition of ‘agriculture’. The production of apple juice and fermented version i.e. cider from the apples grown within the holding can be fairly readily treated as an ancillary activity to horticulture. The later principle was examined in the Millington Court judgement (Millington v SSE [1999]) whereby a High Court judgement on wine making was overturned by the Court of Appeal and held that making wine from grapes or cider from apples on the scale involved in that instance was a normal activity for a farmed engaged in growing grapes or apples. Factors that can affect this view include the scale of production, the type of produce and whether any produce is brought in from outside the holding. 12.6 Alongside the cider production business, the applicant plans to rear 10 sows and produce 160 weaners each year which are then sold, with some kept for direct sales. The pigs would be fed the apple pomace (by-product of cider) and will be housed in pig arcs as is standard agricultural practice and electric fencing will contain them away from any falling fruit. Pigs routinely forage within woodland without damaging the trees so the area identified for the accommodation of livestock is considered acceptable. The continued use of the site for agriculture of any kind is permitted and does not require planning permission.
12.7 Further to this, the applicant would rear and keep 100 laying ducks and 100 table geese each year on site. The ducks would provide a pest management service on the site, reducing the amount of damage to the fruit, whilst the geese would graze the orchard. The eggs from the ducks would be sold locally and the geese would be reared for the Christmas market.
12.8 During the course of the application the applicant has confirmed that the poultry will be moved around the orchard in a rotation utilising electric fencing to keep them in and kept overnight in movable sheds to protect from natural predators. They will be moved away from the trees before harvest, which is in keeping with the agricultural code of best practice to fatten ready for the Christmas market.
12.9 Policy HOUS6 of the Local Plan sets out that: “New housing for rural workers (full time workers in agriculture, horticulture, and other rural businesses), located outside the defined development boundaries, will be permitted provided that it can be demonstrated that there is an essential need for a worker to live at or near their place of work.”
12.10 Similarly, paragraph 55 of the NPPF states that LPAs should avoid new isolated homes in the countryside unless there are special circumstances, such as the essential need for a rural worker to live permanently at or near their place of work in the countryside.
12.11 The supporting text for policy HOUS6 provides some assistance, stating: “…there will be some cases where the viability of an agricultural, forestry or other enterprise for which a rural location is essential, depends upon a worker being resident on site to oversee the operation of the enterprise. In considering proposals for rural workers’ dwellings, the councils will need to establish that the accommodation is essential to the functional requirements of the business. It will also be necessary to establish that the business is financially sustainable in the long term, particularly where the proposal is for a permanent dwelling. The councils will also give consideration to the availability of alternative accommodation on the holding or nearby; and whether a dwelling on the holding has been sold recently on the open market. The size of the proposed dwelling should also be appropriate to the needs of the business and positioned where it will effectively meet the functional needs. A temporary dwelling may be acceptable in the case of new businesses that cannot yet show financial soundness but where it has been established that there is a functional requirement for on-site accommodation.” 12.12 To assist in the appraisal of essential need, the LPA consult with independent land agent Reading Agricultural Consultancy (RAC) the full formal comments of whom are included in the Consultation section of the report (above).
12.13 Taking the comments from RAC into account, officers consider that there is a functional requirement for on-site accommodation on the holding to oversee the operation of the cider production processes and livestock management.
12.14 In their report RAC draw comparisons between the current proposals at Chalmington and those allowed at appeal at Strong Orchard in Waytown (Ref: APP/F1230/C/09/2114764). In this appeal case the main activity concerned horticulture for cider production. As part of the “diverse” activities, the Waytown case also included topiary and bee keeping, which were regarded as ‘ancillary to agriculture’. In this case, the Inspector felt that on balance, by a very narrow margin, there was an essential need to justify a temporary residential unit on site. RAC explain in their report that, being similar in scale and nature to the Waytown case, the same arguments are entirely appropriate and can be applied to the current application at Chalmington.
12.15 The current application not only proposes to continue cider production on site at a similar scale to that in the Waytown case, but introduce livestock activities which contribute to the horticulture process, whilst having their own associated needs (as detailed in RAC’s report). Officers therefore consider that in addition to there being an essential functional need for the close monitoring of the biological processes (fruit crop and temperature control of the cider), there would be an essential functional requirement for the close supervision of the livestock to be kept on the holding.
12.16 With regard to the financial soundness of the enterprise, RAC and officers consider and maintain that the financial projections that have provided over a 3 year period reflect reasonable estimates of the likely income, costs and the profitability of the business and demonstrate that the business would have a reasonable prospect of achieving a sustainable profit within the 3 years. The figures take into account the early stages of the business, with markets and sales slowly being found and developed, whilst also acknowledging seasonal fluctuation with some of the income streams. The full financial projections provided to the LPA also take the wages of part time labour requirements into account. It is acknowledged that the figures are forecasts at this stage and so to provide an opportunity for the financial soundness to be tested, especially in light of the applicant’s intention to introduce the livestock to run in conjunction with the horticulture business, the proposal for a temporary mobile home on the site is accepted and can be conditioned accordingly.
12.17 In terms of the size of the mobile home, at some 108.5 square metres the residential unit would be of a size that would be commensurate with the needs of the holding and not be regarded as excessive, certainly relative to other rural workers’ dwellings in the district. Sited in front of the orchard and adjacent to the existing cider barn, the mobile home would be well related to the existing built form on site and conveniently sited to undertake the activities required to meet the established functional need.
12.18 Based on the points raised, officers consider that, on balance, there is an essential need for an on-site residential presence. To allow future assessment of the business as to whether a permanent residence would be justified, the proposal for a temporary dwelling is considered appropriate and can be conditioned accordingly.
12.19 Extension to existing barn to form taproom/café/farm shop
The extension to the existing cider barn would form the new taproom, café and farm shop on site. The applicants have indicated that their desire is to sell home grown produce, including: cider, cider vinegar, duck eggs, geese, apple smoked bacon. The applicants have also indicated that small glamping essentials would also be sold.
12.20 The applicants state that this facility would be for the benefit of the guests staying on site but it would also be open to the public on a “flexible basis”. It would be open 7 days a week and for the revised hours detailed earlier in the report.
12.21 The Economy chapter in the Local Plan identifies that the strategic approach to employment development is to encourage and support:
“A continuing supply of land and premises suitable for employment uses is needed, of a type and scale appropriate to the characteristics of the local area… The development of new retail and town centre uses will be directed to the town centres of Weymouth, Dorchester, Bridport, Sherborne and Lyme Regis. Outside the town centres, smaller scale development of shops, financial and professional services, food and drink, office, leisure and community uses will be directed towards local centres...”
12.22 It is clear therefore that, in general, buildings that are to be used for food and drink and retail should be directed towards sustainable local areas. Located about 1 km away from the small settlement of Cattistock, the facility would not be located in a local centre and, thus, would not meet the strategic economic aims of the Local Plan.
12.23 However, there can be some flexibility when small-scale employment development is proposed in rural areas.
12.24 Paragraph 28 of the NPPF provides support for a prosperous rural economy. It states that:
“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; and ● promote the retention and development of local services and community facilities in villages, such as local shops, meeting places, sports venues, cultural buildings, public houses and places of worship.”
12.25 The supporting text for policy ECON1 states that “While the plan generally seeks to concentrate development in the areas which are most accessible, it is recognised that small-scale employment development in rural areas, through well-designed new buildings on the edge of existing settlements, the re-use and adaptation of existing buildings, or farm diversification schemes, is of value even though such development is unlikely to be served by public transport. Proposals for development in less accessible locations may be required to provide information on the long term viability of the enterprise and a clear justification of why such a location is needed".
12.26 Policy ECON8 of the Local Plan, which provides support for diversification of land-based rural businesses, states that diversification projects for the use of land or buildings for non-agricultural employment purposes will be supported provided they are in keeping with the rural character and comprise: the use of land; or the re-use or replacement of an existing building or buildings; or new ancillary development provided that there are no redundant buildings capable of re-use/replacement.
12.27 It is appreciated that the taproom and café function would largely facilitate the retail sales, whilst also elevating the ‘visitor experience’ of the site by tasting products produced just metres away from where it was grown, harvested, manufactured and grazed.
12.28 An integral ‘taproom’ within micro-breweries and cider-making facilities is not uncommon. When contained within the main building of production it can provide an immersive and intimate experience of the production process. In this instance, an extension to the barn would allow an intimate experience of what is essentially an agricultural activity, whereby customers and visitors would be positioned and immersed directly between the cider-making facility and the orchard itself. Moreover, the café and farm shop element would allow customers to consume (either on site or off site) other home-grown products to further enhance the experience of sampling ‘local produce’.
12.29 With no available buildings on the holding to re-use or replace, a modest extension to the existing barn is considered appropriate as ‘new ancillary development’ under the diversification policy. As an extension to an existing building, the proposed facility would relate well to existing development and, modest in design, scale and nature, would not compromise the rural character of the area.
12.30 Shepherd’s huts
Support would be forthcoming for the shepherd’s huts under policy ECON7 of the Local Plan. This policy states that proposals for new caravan or camping sites should be well located in relation to existing facilities or make appropriate provision for facilities on site. 12.31 As noted, the site is about 1km to the NE of the settlement of Cattistock and can be accessed directly via a public footpath. Although it does not have a defined development boundary, the settlement is recognised as a settlement with a population of 200+ in the Local Plan and does contain a post office shop, tea room and public house as a means of accessible local facilities. The larger village of Maiden Newton, which has more reasonably accessible facilities and a railway station, is a further 2km along public footpaths to the south of Cattistock.
12.32 In terms of on site facilities, each shepherd's hut would contain a compostable toilet and shower. Details of discharge from the latter can be secured by condition. Although not necessarily exclusive to the guests staying on site, the proposed taproom, cafe and farm shop would also provide an on site facility for these guests to use.
12.33 Policy ECON7 of the Local Plan also states that farm diversification projects (for agricultural and other land-based rural businesses) for new caravan and camping sites will be supported, provided they are in keeping with the rural character and the development makes an on going contribution to the business that is diversifying. In this regard, officers are satisfied that the information provided indicates that the glamping elements would help to support the agricultural enterprise and diversify the land-based business on site. The use of the shepherd's huts for holiday let purposes can be secured by way of conditions.
12.34 Criterion iii) of policy ECON7 states that all development under this policy must not, individually or cumulatively, have a significant adverse impact on the distinctive characteristics of the areas landscape, heritage or built environment. As explained in more detail further on in this report, the visual impact of the shepherd's huts would be sympathetic and not out of keeping within the rural setting.
12.35 Officers therefore accept that the shepherd's hut element of the development would be in compliance with policy ECON7 of the Local Plan.
12.36 Impact on the character of the area
As noted, the site lies within the Dorset AONB. Policy ENV1 of the Local Plan holds that development which would harm the character, special qualities or natural beauty of the Dorset AONB, including their characteristic landscape quality and diversity, uninterrupted panoramic views, individual landmarks, and sense of tranquility and remoteness, will not be permitted.
12.37 Criterion ii) of ENV1 states that development should be located and designed so that it does not detract from and, where reasonable, enhances the local landscape character.
12.38 In terms of siting and design, policies ENV10 and ENV12 of the Local Plan both encourage development to be informed by local character and contribute positively to the maintenance and enhancement of local identity and distinctiveness. 12.39 As the Council's Senior Landscape Officer comments, the AONB designation is underpinned by a number of Special Qualities. Those that are considered particularly susceptible to the effects of this proposal include: the undeveloped rural character; the tranquility and remoteness of the area; the uninterrupted panoramic views to appreciate the complex pattern and textures of the surrounding landscapes; the dark night skies; and the peripheral heritage assets.
12.40 The existing barn is visible from the entrance of the site and the side elevation of the extension would similarly be visible. The barn is set against the wider backdrop of established trees and amongst the orchard planting. In terms of visual appearance the proposed extension would relate sympathetically and subordinately to the existing barn. It would be clearly read as a modest lean-to extension to the existing building.
12.41 The temporary mobile home would be single storey in scale and constructed from timber which can be conditioned to be left untreated so it would silver naturally. From the access to the site it would be largely obscured by the extended barn. Officers consider that the new building would be well related to the extended barn and would assimilate well into the verdant backdrop and would not be an obtrusive structure within its setting and wider Dorset AONB landscape when glimpsed from other views around the site during winter months. Such views include those from the scheduled ancient monument of Castle Hill to the south.
12.42 The matter of external lighting has been clarified during the course of the application. The applicants have confirmed that external lighting is to be avoided but there will be some ‘hit and miss’ downward facing lighting over the entrance doors. There would also be low level and low wattage solar lights positioned along the track to mark it out for users of the shepherd’s huts. Such provision is considered reasonable and would be unlikely to cause significant levels of light pollution or significantly impact on the dark skies which characterise AONBs.
12.43 As mentioned the shepherd’s huts would be dotted around the northern part of the holding and would be sited in relatively discreet positions, adjacent to the existing apple trees and plantation around the northern boundary.
12.44 In terms of visual impact within the immediate setting and wider landscape, the existing vegetation around the boundaries of the site, although being deciduous, does provide good visual screening. Even in the winter the trees would filter views into the site. No tree or hedgerow removal is proposed.
12.45 On the whole officers consider that the proposed development would not significantly adversely affect the visual qualities of the immediate setting and scenic beauty of the wider Dorset AONB landscape.
12.46 With regard to heritage assets, the development may be discernible in winter months from the open public land around the scheduled ancient monument of Castle Hill to the south and thus potentially affect the setting of this monument. In this regard, officers consider that owing to the limited visibility of the site and unobtrusive nature of the development within the setting/landscape, the proposals would not be harmful within the setting of the scheduled monument. The nearest listed building to the site is the grade II listed Chalmington Manor located some 250 metres to the NW. Again, owing to the unobtrusive impact of the proposals, in addition to the degree of screening around the site, the change in topography and separations involved, the proposed development would not be harmful to the significance of this heritage asset.
12.47 With these points in mind, officers consider that the visual impact of the proposed development would be acceptable.
12.48 Whilst the applicant has stated that the tranquillity of the area would be one of the selling points of the site for glamping it should be acknowledged that development and any associated levels of activity has the potential to disrupt the tranquillity of the area.
12.49 The hours of operation of the taproom/cafe/farm shop building was raised as a matter of concern during the January committee meeting. A condition to limit the hours of opening is considered necessary with regard to the impact of the development on the character of the AONB and neighbouring amenity (the latter is discussed from para 12.49 of the report).
As mentioned previously, the applicants have now proposed reduced opening hours of 9am to 7pm on Mondays to Saturdays. However it could be argued that more 'normal' retail opening hours with a closing time of 5.30pm would be more appropriate.
Thus, despite the applicant's proposal of a closing time of 7pm, the condition now recommended includes a 5.30pm closing time. With regard to the opening time - 9am is now requested by the applicant as opposed to 11am previously, which is considered to be reasonable. Reduced hours for Sundays (11am to 4pm) is also considered to be acceptable and all these times can be controlled by condition as included in the recommendation.
However Members could, if they wished, amend these times as they felt appropriate.
12.50 Impact on neighbouring amenity
Policy ENV16 of the Local Plan states that: “Proposals for development should be designed to minimize their impact on the amenity and quiet enjoyment of both existing residents and future residents within the development and close to it.”
12.51 Officers consider that the provision of a modest, single storey temporary mobile home is this location, well separated from the nearest neighbour, would have a minimal impact on residential amenity. The shepherd’s hut, being spread around the northern part of the holding, small, low key in nature and well separated the nearest neighbour would also have a very limited impact on local amenity. Officers consider that the element of development that is likely to generate the greatest impact on neighbouring amenity is the level of activity associated with the taproom, café and farm shop addition. 12.52 The extended barn would be in excess of some 80 metres from the nearest residential dwelling of Chalmington Gardens and intercepted by mature trees and the highway. The barn is at least 250 metres from the other properties with the hamlet further north up the road.
12.53 Owing to the scale of the extension, separation and presence of mature intervening vegetation, it is considered that there would be no detriment upon neighbouring amenity in terms of loss of privacy, loss of light, overshadowing or overbearingness.
12.54 Officers accept that there would be more comings and goings to the site and undoubtedly more activity taking place on the holding owing to each element of the development. However, on the whole, officers consider that the proposed development would not result in harm that would significantly jeopardise the amenity of neighbouring properties and other neighbouring land users. The ability and necessity to condition hours of use of the building is key to ensuring this.
12.55 As mentioned above in para. 12.48 above the hours of opening restriction by condition has been reconsidered by the applicant and officers and amended as detailed above and in the recommendation below.
12.56 Flood risk
The site is located within flood zone 1, an area with the least chance of flooding in any year from rivers or seas. However, the issue of localised surface water flooding has been raised in a number of the representations and concern has been raised that the proposed development would exacerbate the impact. It is understood locally that these issues are mostly the result of blocked drains and culverts which have to be periodically cleared of debris, particularly during autumnal months.
12.57 Whilst the Environmental Agency’s flood risk maps indicate that the land would have a low probability of fluvial flooding, the surface water maps indicate that there is a high risk of surface water flooding through a section of the site, close to the existing barn. As detailed by the Technical Services team, the surface water flood area is mapped from topographical data so although not an exact science, it gives a general idea of possible problem areas and flood routes.
12.58 The applicants have indicated that, aside from the roofs of the mobile home and barn extension, there would be no increase in hard surfacing on site. The applicants have also indicated a willingness to install tanks to harvest rainwater from the roofs to use in the grey water systems, thus reducing water going into the septic tank and permeating into the land. This, in addition to the details of soakaways and other proposed drainage mitigation, can be secured by way of a condition.
12.59 With these points in mind, officers consider that the proposals will not exacerbate the existing flood risk to an extent that would be significantly detrimental with regard to flood risk. 12.60 Impact on protected trees and biodiversity
As noted, the SW corner of the holding (known as Chalmington Firs) is designated as a TPO. The applicant intends on keeping the livestock adjacent to this area. It is appreciated that the keeping of pigs in woodland is accepted and common practice. The movement of the pigs can be controlled by electric fencing to prevent any significant damage to important trees on site.
12.61 None of the proposed built form on the site would affect the TPO area and, as such, no objections have been raised by the Council’s Tree Officer in this regard. A condition can be imposed to protect the trees and ensure no materials are stored in this area.
12.62 The applicants have provided a negative bat/biodiversity report concerning the application site which indicates that there are no protected species that would be affected within the application area. Bearing in mind the nature of the proposals, it is satisfied that the proposals would not have a detrimental impact on biodiversity.
12.63 Highway safety and parking provision
As noted, the site has an existing access from the D road. Since the application was submitted some vegetation has been cleared by the access to the satisfaction of the Highway Authority. There is an existing track which leads up to the existing barn and areas of hardstanding also already in place for the benefit of the scheme.
12.64 It is acknowledged that the use of the site as proposed would inevitably increase traffic movements to and from the area. However, officers consider that the use is unlikely to have a significantly detrimental impact on highway safety.
12.65 The parking provision is considered adequate for the needs, without overtly ‘urbanising’ or being significantly detrimental to the character of the site.
12.66 Other matters
With regard to CIL, the adopted charging schedule only applies a rate on proposals that create a dwelling and/or a dwelling with restricted holiday use. The proposal is for a mobile home which would fall within the parameters of a ‘caravan’ mobile home and thus concerns a change of use of the land for residential purposes, rather than ‘development’ in the form of a dwelling. The proposal is thus not CIL liable.
13 Summary 13.1 Officers consider that, on balance, there is an essential need for on-site residential accommodation to meet the functional needs to the enterprise in accordance with policy HOUS6 of the Local Plan. To allow future assessment of the business and to test the financial soundness, the proposal for a temporary dwelling is considered appropriate. The proposed extension to the barn to form a taproom, cafe and farm shop would be ancillary to the primary agricultural use and support the existing land-based business as an acceptable form of diversification in a suitable location in accordance with policy ECON8 of the Local Plan. This ancillary use can be controlled by condition.
Similarly, the proposed shepherd's huts would be compliant with policy ECON7 of the Local Plan and provide another means of diversifying and supporting the existing land-based business.
Officers consider that the proposed nature and scale of the development would not be significantly detrimental to the special qualities of the Dorset AONB, including the landscape values and tranquillity of the area.
On the whole, officers are satisfied that there are no adverse impacts which, either individually or together, are of sufficient weight to indicate that the proposal should be refused.
The proposed development is therefore recommended for approval subject to conditions.
14 Recommendation
14.1 Approval is recommended subject to the following conditions:
i. The development to which this permission relates must be begun no later than the expiration of three years beginning with the date of this permission.
Reason: This condition is required to be imposed by Section 91 of the Town and Country Planning Act 1990 (as amended).
ii. The development hereby permitted shall be carried out in accordance with the following approved plans:
Elevations of Staff Accommodation as proposed - Drawing Number SS434/DW/01 received on 23/05/2017 Floor plans and Elevations of Staff Accommodation - Drawing Number SS434/DW/03 received on 23/05/2017 Floor plans and Elevations of shepherds huts - Drawing Number SS434/DW/05 received on 23/05/2017 Location Plan - Drawing Number - SS43/DW/06 Rev 3 received on 29/11/2017 Site Plan - Drawing Number SS434/DW/07 Rev 3 received on 29/11/2017 Proposed Elevations - Drawing Number 2364/06A received on 29/11/2017
Reason: For the avoidance of doubt and in the interests of proper planning.
iii. No development shall commence on each element of the development (i.e. the extension; the mobile home; and the shepherd's huts) until samples of the proposed external facing materials (walls and roofs) for each element hereby approved have been provided on site for inspection and approval in writing by the Local Planning Authority. Thereafter, unless otherwise agreed in writing by the Local Planning Authority, the development shall proceed in strict accordance with such materials as have been agreed. Reason: To ensure a satisfactory visual appearance of the development. iv. No development shall be commenced until a scheme for the disposal of all foul and surface water drainage has been submitted to and approved in writing by the Local Planning Authority. Thereafter, no part of the development shall be occupied or brought into use until the approved scheme has been fully implemented.
Reason: To minimise the increased risk of surface water flooding and pollution. v. No external lighting shall be erected or installed until details of any external lighting on any buildings or within the application site (including drawings showing the appearance, siting, technical details, orientation, intensity and screening of any lamps) have been submitted to and approved in writing by the Local Planning Authority.
Reason: To preserve the character and dark skies of the Dorset AONB. vi. The occupation of the mobile home shall be limited to a person solely, or mainly, employed, or last employed, prior to retirement, in the locality in agriculture as defined in Section 336 (1) of the Town and Country Planning Act 1990, or in forestry (including any dependants of such a person residing with him/her) or a widow, or widower, of such a person.
Reason: The site lies in area where new development is restricted to that for which there is an essential need for a rural worker to live on the site. vii. The consent for the mobile home is for a limited period only and expires on [insert date 3 years on from date of decision] or until the agricultural need ceases on the site, whichever period shall be the shorter. At the expiration of the shorter period specified above the use of the land for the siting of the mobile home, hereby permitted, shall be discontinued and the land restored to its former condition on or before that date unless permission is granted on an application made to the Local Planning Authority.
Reason: To provide an opportunity for the financial soundness of the business to be tested and to enable the Local Planning Authority to fully consider the effects of the development. viii. The taproom, café and farm shop shall not be used or open to customers for the purposes hereby permitted before 09:00 hours or after 17:30 hours on Mondays to Saturdays; and before 11:00 hours or after 16:00 hours on Sundays and public holidays.
Reason: To protect the tranquillity of the area and amenity of neighbouring residential properties. ix. The shepherd's huts hereby approved shall be used for holiday let purposes only and no shepherd's hut shall be used as the main or sole residence of the occupier. Reason: To ensure that the accommodation is used for holiday let purposes only as the site is inappropriate for permanent residential occupation given its isolated location. x. A register of all persons occupying the holiday accommodation hereby approved shall be kept by, or on behalf of, the owner(s) of the holiday accommodation. The said register shall be made available for inspection during all reasonable hours at the request of a duly authorised office of the Local Planning Authority, for such time as the development continues to be used as holiday accommodation.
Reason: To ensure the accommodation is used for holiday purposes only as the site is inappropriate for permanent residential occupation given its isolated location. xi. The extension to the barn to form a tap room, cafe and farm shop shall be used only for purposes ancillary to the business operations on the agricultural unit known as The Orchard.
Reason: To support the growth and diversification of the rural enterprise operating within the unit known as The Orchard, whilst protecting the rural character of the area and the amenity of neighbouring residential properties. xii. No external storage of goods, materials (including waste materials), plant, machinery, equipment, vehicles, etc shall, at any time, occur within the Root Protection Zone of the Tree Preservation Order area known as ‘Chalmington Firs’ in the south west corner of the holding.
Reason: To ensure that trees and hedges to be retained are adequately protected from damage to health and stability throughout the construction period and in the interests of amenity.