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Planning Committee 15 February, 2018 WD/D/17/001356 Application

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Planning Committee 15 February, 2018 WD/D/17/001356 Application 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.
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