Application 6/3/17/112 Grid Ref. 295746 131381 No: Applicant: Mr R Cowling, Ruglands Farm , , Location: Combeland, Trotts Lane, Brompton Regis, Dulverton, Somerset Proposal: Proposed agricultural workers dwelling. Re-submission and amendment of withdrawn application 6/3/17/105. (Full) Introduction: Combeland Farm lies in open countryside to the east of the village of Brompton Regis. The farm group, consisting of three buildings, is located to the east of the Pulham Stream, with the land rising steeply to the east. The buildings, a concrete building in a poor state of repair, a cement fibre sheeted and roofed barn of approximately 400sqm and a small bank barn, are visible form parts of the village and the properties which line the east of the road through Brompton Regis.

The farm buildings are accessed from the south, either from the restricted Byway DU 1/33 which adjoins the public highway to the southern end of the village and passes through the ford, or a section of DU 1/33 and bridleway which connects with Kings Brompton Drive to the east. The route that connects from the southern part of the village through the ford and round, past the entrance to the farm, to connect with Kings Brompton Drive is known as Trotts Lane.

The land at Combeland extends to approximately 110 acres and is run in conjunction with a larger farm holding totalling approximately 1,340 acres of owned farmland. The main farm is based around Ruglands, Brompton Regis with 660 acres, and additionally there is land at extending to 160 acres, land at Chidgley with 300 acres, and land at Brown Lane and Raleigh Cross with 110 acres. There is a farm house at Ruglands and an agriculturally tied farm dwelling at the land at Clatworthy which houses a full time worker. Additionally, 15 acres of land is rented.

The farm unit operates as a traditional sheep and cattle enterprise. The sheep enterprise comprises 1,180 breeding ewes, 360 ewe lamb replacements, 41 rams and 1,200 fat lambs for sale. The applicants flock is predominantly Closewool mules, with a small percentage of purse Closewools. The applicants lamb the majority of the flock outdoors at Ruglands in April, lambing the bulk in 3 weeks but all within 6-8 weeks generally. Lambs are sold in the autumn as fat lambs direct to slaughter or through local livestock markets.

In terms of the cattle, the beef enterprise currently operates with 8 bulls, 250 suckler cows and calves at foot, 30 in calf heifers, 80 weaned heifers, 90 weaned steers and 70 other youngstock. The enterprise is based around a core suckler herd with calves either sold as busk calves in the autumn at or kept and sold at 25-30 months as finished cattle. The cattle are housed overwinter and split between the farm buildings at Ruglands, Chidgely and Clatworthy. The applicant has indicated that from winter 2017/18, 70-80 of those cows will be housed at Combeland.

This application proposes the erection of an agricultural worker’s dwelling.

6/3/17/112 07 November 2017 EXMOOR NATIONAL NATIONAL PARK PARK PLANNING AUTHORITY COMMITTEE MEETING The plans show a two storey dwelling cut into the sloping land to form a level platform to the north of the stone bank barn. The dwelling has 3 No bedrooms on the first floor with lounge, kitchen, shower/wc, office and utility on the ground floor. The overall internal floorspace measures approximately 132.3 sqm (external measurement of approximately 158 sqm). Of the internal space, the single storey side addition comprising the office, utility and shower/wc measures 21.7sqm and the internal elements of the 2 storey house measures approximately 110.6sqm.

The house is proposed to be constructed externally from render, with the end gable to the single storey element finished in stone. A natural slate roof is proposed with white powder coated aluminium windows and doors.

A level platform is proposed to be excavated for the house. At the front, 2 storey elevation of the house the ground level would be set down by approximately 1.2m, rising to 2.2m at the rear wall. The area for the curtilage around the north and east of the proposed house would be excavated by up to 3m to 4m, with a step in the proposed garden area.

The house would be sited facing south-west and approximately 8m from the corner of the stone bank barn. Due to the level changes from the lower yard to the site of the house, the ridge of the proposed house will be approximately 5.6m above the ridge of the stone barn and approximately 5m above the ridge of the main barn.

This house proposal is a resubmission, with amendments, following the withdrawal of an application for an agricultural worker’s dwelling earlier in 2017. The house size, siting, design and external materials are the same as before, however, the curtilage size and treatment has altered from the square boundary previously proposed. There are additional details with regard to levels and cross sections. Also previously the red lined site area included the access through the ford and out on the road at the southern end of Brompton Regis. The County Highway Authority had raised objection because of the inadequate sight lines at the junction with the main road. The red lined access area now excludes this access and the proposed access is shown as coming from the Kings Brompton Drive direction.

The applicant has submitted an agricultural appraisal to help justify the provision of a dwelling at Combeland. This assessment shows that for the unit as a whole there is a labour requirement for 6.57 employees per year. At the present time the farm unit is run with 3 full time and 4 part time workers, which is the equivalent of 5 workers full time.

The appraisal reports that the applicants have a need for an additional worker's dwelling on the farm and with the expanding animal production system utilised across Rugland and the other five holdings there is an increasing need to accommodate livestock to an acceptable standard.

The applicant wishes to expand the business into Combeland to utilise the available buildings and yard and with the addition of the proposed new

6/3/17/112 07 November 2017 EXMOOR EXMOOR NATIONAL NATIONAL PARK PARK PLANNING AUTHORITY COMMITTEE MEETING hay/straw storage shed this site will become an additional cattle housing and calving facility. It is argued that it is essential to locate a property beside the farm buildings to ensure the welfare of animals. The appraisal summarises the business case for the dwelling as a home for the applicant’s brother who works on the farm, efficient use of the existing Combeland farm unit, reduced traffic time to and from the unit, an additional worker housed near the main farm holding at Rugland and an additional unit of a local affordable housing.

The appraisal seeks to demonstrate that there is no suitable residence in the local area, at a price that the farming activities could afford, to meet the needs on this holding.

The applicant has submitted further representations to respond to the neighbour comments;

It is incorrect to state that the original farmhouse at Combeland was sold off more than 30 years ago. The original farmhouse as demolished just prior to Nigel Cowling purchasing Combeland. The cottage for Ruglands Farm, Bessom’s Cottage, was taken under compulsory purchase by SWW and is under Wimbleball Reservoir.

- Although we do not own kings Brompton Farm Drive we do have a right of way and we share the cost of maintenance. There was also the right of way and an access to the original farmhouse at Combeland before it was demolished.

- Regarding visibility as Trotts Lane joins Kings Brompton Farm Drive on the outside of a bend, visibility in both directions is reasonably good; however, visibility can be improved by removing a small part of our bank.

- The Highway Authority has asked for improvement to the sight lines where Kings Brompton Farm Drive joins the highway and this can be achieved by lowering the verge that is owned by the Highways.

- Regarding the surface maintenance of Trotts Lane I have spoken with Mr Collins, the woodland Manger for Mr Simpson, the owner and he has agreed to clear the gullies and along with our drainage this should massively improve the surface water run off from the lane.

- Responding to some of the comments regarding a bungalow rather than a house after much considered it is judged that a traditional Exmoor style house would be more appropriate. Doubling the footprint on this site, to accommodate the floorspace of a bungalow would have a much greater impact on the landscape.

Consultee Response: COUNCIL: No comment received WILDLIFE CONSERVATION OFFICER - ENPA: No objection but would like to see a bat box installed in the structure under the apex of the roof.

6/3/17/112 07 November 2017 EXMOOR EXMOOR NATIONAL NATIONAL PARK PARK PLANNING AUTHORITY COMMITTEE MEETING BROMPTON REGIS PARISH COUNCIL: Brompton Regis Parish Council supports this planning application on the following grounds. 1. There is a need for a strong rural economy on Exmoor which includes the development of farming businesses as set out in the business appraisal supporting this application. 2. The business appraisal indicates that the farm business is financially viable in the long term. 3. There is a proven, functional need for a full time agricultural workers’ dwelling. The site at Combeland will mean this section of the business can be used with the benefit of on-site security and the provision of improved animal welfare and it is likely that a dwelling may lead to improved visual amenity of the entire site. 4. We have supported the case made by Exmoor Young Voices for provision of suitable housing that can enable young people to remain living and working on Exmoor. 5. The net floor space is appropriate and justifiable for a principal agricultural workers’ dwelling, which requires a good utility room and office to assist in running the farm business. However, we consider the design of the proposed dwelling is not reflective of the setting. One Parish Councillor feels strongly that only a single storey building is appropriate and that a proposal for a two-storey building cannot be supported on the proposed site. Other Councillors are supportive of the building design within the site. 6. We are pleased to see the proposed use of Trotts Lane for access, and not the ford. However, neighbours and Councillors feel strongly that clarification is needed on the legal status of the applicant’s proposed residential use of both Trotts Lane and King’s Brompton Farm Drive. If residential use of these routes is permitted, the Council has noted that Exmoor National Park Authority is responsible for ensuring and monitoring the suitability of both routes for all permitted usage. If residential access is not permitted the alternative available would be the ford, which the Council does not support. Whether or not the applicant would have the right of residential use of Trott's Lane and King 's Brompton Farm Drive, the Council would prefer that for the benefit of all concerned the long term solution would be the creation of a new access through the applicant's fields from the top of King 's Brompton Farm Drive. 7. An approval of this application must ensure a clear and distinct linkage between the agricultural worker's dwelling and the agricultural activity on the site which itself must be continuous and require a worker to live in close proximity. 8. The Council understand that drainage, slurry and waste management issues associated with the application, if approved, must be fully addressed and a plan of action be approved by the Environment Agency before construction can start, and that the plan must address issues that will arise during construction. 9. We deem that an ENPA members' site meeting is required to deliberate the application, and that this is justified by objections submitted by neighbours to the ENPA and by the Parish Council’s awareness of local concerns expressed about access and environmental issues. SCC - ENVIRONMENT DIRECTORATE: The Highway Authority are in agreement that it’s not possible to stop up/condition a route to which anyone drives to and from the application site. However there may be an opportunity to provide good quality, safe alternative, but accept drivers may choose to use other routes if legally viable.

The original/first application (6/3/17/105) initially showed an unsustainable access,

6/3/17/112 07 November 2017 EXMOOR EXMOOR NATIONAL NATIONAL PARK PARK PLANNING AUTHORITY COMMITTEE MEETING however the Highway Authority consider the current application (6/3/17/112) as a different access arrangement with a potential to have a suitable access route to/from the highway subject to appropriate conditions.

The Highway Authority agree that the applicant should demonstrate the right of access via Kings Brompton Drive and proposed improvements to the alternative access as previously detailed. If such a route is demonstrated to be available via Kings Brompton Drive it would be unreasonable for the Highway Authority to raise an objection subject to appropriate conditions.

Our road records appear to show that the mouth of the proposed access onto Bryant’s Hill and a proportion of the verge either side belong to the highway. It may be technically possible for the applicant to achieve suitable visibility splays that would require permanent maintenance by the applicant. This would have to be shown on a suitably scaled drawing and the Highway Authority would have to be satisfied with the proposed visibility splays. ARCHAEOLOGIST - ENPA: No comment received PUBLIC RIGHTS OF WAY AND ACCESS OFFICER - ENPA: Restricted Byway DU1/33 passes close to the proposed development site and coincides with both the proposed access tracks to the site. This status of Restricted Byway means that the public have the right to walk, ride a horse, ride a bike or drive a non-mechanised carriage along this route. ENPA, as agents of the highway Authority , maintain this route only to the standard suitable for this public use.

I met with the applicant on 5th June 2017 with the ENPA Area Ranger. We advised that if this application for a dwelling was resubmitted with the entrance to the development site via Kings Brompton Drive (ie. avoiding the ford), that it would be advisable to put in at least one passing place along the track as it is a longer stretch of route to share with rights of way users. The track is very narrow, particularly on the middle section with no place for rights of way users to step off the track if they were to meet a vehicle. I see that the applicant appears to have drawn the red line to include a passing place (or possibly even 2) but I cannot find any reference to this in the application. Additionally, I understand from the planning officer that ownership of the track is not known. It is not clear from the plans that I have seen whether the strip of land immediately to the north of the track (where the passing places are indicated) is in the ownership of the applicant. It is my view that without these passing places, the additional traffic that this development would generate on this public right of way would be inconvenient and possibly dangerous to rights of way users. I am therefore only able to support the application if I receive assurances in writing that at least one passing place can be included and that this can be legitimately built on land within his ownership. ENVIRONMENT AGENCY SOUTH WEST: No objections. No specific concerns with using the ford for access from a water quality perspective. We note that the ford is over 2km upstream from Exmoor Fisheries. We consider that it would be advantageous if the ford had a sound base on the bed of the river, for example a concrete base, to limit disturbance when a vehicles crosses the form. The applicant should be aware that any works within the watercourse may require consent from the Lead Local Flood Authority. LANDSCAPE OFFICER - ENPA: This revised application proposes a new agricultural workers dwelling sited in open countryside to the north east of the settlement of Brompton Regis. This is an area of high landscape quality with a very attractive valley side setting of enclosed fields descending down to the waters of the River Pulham to the

6/3/17/112 07 November 2017 EXMOOR EXMOOR NATIONAL NATIONAL PARK PARK PLANNING AUTHORITY COMMITTEE MEETING east of the settlement of Brompton Regis.

The application proposes a standard approach to creating a new dwelling and does not represent a sympathetic response to this high quality landscape setting. It presents an inappropriate development in a prominent location and in its current form would cause significant harm to the landscape and is contrary to the first purpose to ‘conserve and enhance the natural beauty, wildlife and cultural heritage of the area’.

Pre application discussions with ENPA officers reviewed alternative locations on this holding and this site was considered to be the least harmful of the sites available and offered some capacity for a small scale development that was sensitively sited and designed. The applicant was advised to relate the proposed new dwelling to the existing stone built outbuilding and to consider a split level or ‘L’ shaped building to sit more sensitively into this important landscape. However, the application has largely maintained the original unsympathetic proposal for a building that is designed for a flat site and does not respond to the rolling topography of this site.

In order to achieve this in this steeply sloping location, a large platform is required to be excavated out of the hillside in order to artificially create such a flat site which is not appropriate in this particular location, and that would result in a development that is visually prominent and detrimental to the existing quality of this landscape setting. WEST SOMERSET COUNCIL: No comment received Public Response: 13 letters of objection 2 letters of support 2 other letters

In support are Dulverton Veterinary Practice who feel that there is an urgent and important need for an agricultural worker’s dwelling near the buildings in order to meet the welfare ad security needs of the livestock kept there all year round. It is explained for there to be a sustainable future for Exmoor family farms such as this there needs to be another full time worker on site to assist.

The other letter of support says that there has been a rapid decline in the number of hill farms on Exmoor where they have been broken up and sold off. This application is an ideal time to address the situation to help the next generation of farmers the ability to continue to work, maintain and safeguard the countryside for future generations. Permitting this application would create employment and stop the migration of young people leaving Exmoor.

The 13 letters of objection set out, in summary, the following points;

1.This is a steep unforgiving grazing plot of 110 acres and is not suitable for any other use. The sheep farming use has not changed in the last 11 years; this consists of the owner driving twice a day to look at the stock and even with other activities such as shearing, worming and sorting there is no justification for someone to live on the site all year.

2.The activity, or lack of it, around the site serves to emphasis the falsehood at the heart of the application, there is not enough agricultural use to justify the erection of a dwelling.

6/3/17/112 07 November 2017 EXMOOR EXMOOR NATIONAL NATIONAL PARK PARK PLANNING AUTHORITY COMMITTEE MEETING When the original application for a dwelling was submitted in February a broken down lorry and other junk that filled the barn for many years was removed, straw was put down but no livestock have been in the barn since. Cattle have appeared in the nearby field for the first time in a decade but have not been in the building. There is no agricultural need for the dwelling.

3.The case for building a dwelling has not been made. The father of the applicant sold off the original farm house on this holding more than 30 years ago and has not required a dwelling on the site since. Combeland is only a mile from the main farm premises, where most of the farm activities take place.

4.The appraisal states that someone needs to be on hand to manage cattle in the redundant barn at Combeland but the applicant has been winter housing cattle at Chidgley for a number of years there without needing a dwelling even though they have increased the building size in recent years housing more cattle and the Chidgley site has over three times the acreage of that at Combeland.

5.There is a harmful visual impact. The proposed dwelling site is a green field site within an unspoilt valley landscape, overlooked by a footpath and residents of Brompton Regis. If a dwelling could be proved it should be within the current building site, however, this is now the location for the proposed barn.

6.The site will be visible form the village as the hedgerow trees have been felled and the proposed ridge line of the house will be well above the existing farm shed. It will completely alter the aspect and view as you look down the valley from adjoining land, and with the proposed Devon bank and tree planting it could take up to 20 years to make a significant difference to the view of the newly built property.

7.The proposed house at 130 sqm far exceeds the 93sqm allowed in the Local Plan policy for a family home. It is hard to see if the land is farmed in conjunction with Ruglands why such a large house with a large office space can be justified.

8.Instead of applying for an oversized fam house why not convert the redundant stone barn or buy one of the cottages in the locality.

9.It is clear that neither of the two existing tracks to the development can be negotiated with ease by a standard vehicle and would not be considered acceptable for fire engines, ambulances school buses, royal mail or waste collection. Both accesses fail on numerous counts to meet the criteria laid down by SCC in their standing advice, including the number of dwellings served, visibility splays, minimum width of access, gradient, consolidation and surfacing of access and drainage.

10.There needs to be a long term appraisal of the ability to use Trotts Lane as an access. The applicant has recently widened the top part of Trotts Lane in an attempt to improve that access, but the aggregate mix used as top dressing is already washing down towards the river in heavy rain.

11.It is understood that the access to the dwelling could be denied by the owner of Kings Brompton Drive, leaving the ford as the only other alternative.

6/3/17/112 07 November 2017 EXMOOR EXMOOR NATIONAL NATIONAL PARK PARK PLANNING AUTHORITY COMMITTEE MEETING 12.The ford is not suitable for modern farm machines or from a safety point. The access from Kings Brompton Drive farm drive has no permissive access so how can the National Park authorise access over it as part of this application. If this is approved, it will encourage illegal trespass.

13.The application ignores the fact that the proposed development does not have access rights to a new dwelling along Kings Brompton Drive and then Trotts Lane and therefore the current application is null and void. As owner of this access there is no intention to grant such a right. The access is to farmland only.

14.How with the National Park prevent illegal access along the RUPP from others using it as a cut through? The development is unviable for reasons of access. In addition to there being no right of access the Highway Authority has made it clear that the Kings Brompton Drive needs visibility improvements and the only possible access is via Trotts lane through the ford, where the Highway Authority has indicated it would not wish to see additional traffic. The Parish Council oppose the application if the access is through the ford onto the main road.

15.The appraisal states that trips to and from Combeland would be less for someone on site, but Combeland is only a hundred or so acres so there would not be enough work to make a living so the resident would have to go back to the main farm to work as well. There are many more suitable sites for a dwelling and with no suitable access the application should be refused.

16.If the site is farmed more intensively, and the applicant has talked of 90 cattle over wintering, how will animal effluent be dealt with? Over wintering cattle produce a large amount of manure and urine and despite assurance from the applicant it is inevitable that some of the cattle waste will find its way into the river without proper drainage and storage. The River Pulham lies below the Combeland run-off, and is the home to a range of important wildlife.

17.The dwelling will harm the setting of the listed Old Vicarage, contrary to Local plan policies.

18.The proposals fail Local Plan policies H1, H2, H3, H5, H7, H8, TR3 and LNC1.

2 letters from local residents explain that their comments and concerns remain the same from the previous application but would have no objection if the upper section of Trotts Lane where used as the main access and if this can be assured as both safe and having long term visibility. These local residents comment that a single storey dwelling would fit much better with the landscape and surrounding countryside and one comments that if the proposed design is not amended then objections are raised.

RELEVANT HISTORY 6/3/17/109 Proposed agricultural storage shed covering existing concrete yard (15.25m x 16.8m). As per additional plan and information 20.07.17, additional information 28.07.17. Full Same Site

6/3/17/112 07 November 2017 EXMOOR EXMOOR NATIONAL NATIONAL PARK PARK PLANNING AUTHORITY COMMITTEE MEETING 8778 Proposed erection of a building, comprising cowstalls and a dairy Full Approved 25 April 1950 Same Site 6/3/17/105 Proposed agricultural workers dwelling. As per additional information dated 16.05.2017. Full Withdrawn 18 May 2017 Same Site Most Relevant Development Plan Policies: Exmoor Local Plan (2011-2031)

GP1 General Policy: National Park Purposes and Sustainable Development GP3 Spatial Strategy CE-S1 Landscape Character CE-D1 Protecting Exmoor’s Landscapes and Seascapes CE-S2 Protecting Exmoor’s Dark Night Sky CE-S6 Design & Sustainable Construction Principles HC-S1 Housing HC-D8 New Build Dwellings in the Open Countryside HC-D9 Rural Workers AC-D1 Transport and Accessibility Requirements for Development AC-D2 Traffic and Road Safety Considerations for Development

HC-D8 NEW BUILD DWELLINGS IN THE OPEN COUNTRYSIDE

1. New dwelling(s) in the open countryside will only be permitted where: a) the accommodation is designed to meet a proven need for a rural worker in accordance with HC-D9 or succession farm worker in accordance with HC-D10 that cannot be met: i. within the existing housing stock including through the subdivision of an existing dwelling, from sites/buildings already with planning permission; or ii. through the provision of a temporary residential caravan in accordance with HC-D11; or iii. the conversion/change of use of an existing building in accordance with CE-S5 and HC-D7; b) the dwelling is well related to existing buildings on the holding such that the dwelling and farm buildings operate as a single entity; and c) the design and layout of the development meet the requirements of CE-S6 and the net floorspace will be in accordance with HC-D6 or HC-S2 as appropriate. 2. Where permission is granted a condition will be attached removing permitted development rights in respect of extensions. 3. Where permission is granted for a new dwelling on an agricultural or forestry holding that has an existing dwelling(s) under the control of the applicant which needs to be used in connection with the enterprise, a condition will be attached to ensure that the occupancy of any existing dwelling(s) is also limited to persons able to demonstrate a proven essential need for that accommodation.

6/3/17/112 07 November 2017 EXMOOR EXMOOR NATIONAL NATIONAL PARK PARK PLANNING AUTHORITY COMMITTEE MEETING

HC-D9 RURAL WORKERS 1. New housing to meet the needs of rural workers in the open countryside will only be permitted in accordance with HC-D7 or HC-D8 and where: a) it is justified by a proven essential functional need for a full time rural worker in agriculture, forestry or other rural land based enterprises to live permanently at or near their place of work; b) in the case of agriculture or other rural land based enterprises, the business is proven to be financially viable in the long term, it is extensive in nature, the land management activity contributes to the conservation or enhancement of the natural beauty and wildlife of the National Park and is in accordance with the tests set out in Annex 2 of this Plan; c) where the need for a dwelling is proven, a planning condition will be attached to ensure that occupancy of the dwelling(s) is confined to a rural worker in agriculture, forestry or other land based rural land enterprise operating in the locality and in accordance with clause 1. a) above; and d) the net floorspace will be 93sqm or less unless the Authority is satisfied that a larger dwelling is required in which case, the size of the dwelling will be commensurate with the needs of the holding, it can be sustained by the farm business and it would be affordable for the essential need in perpetuity.

National Planning Policy Framework.

The key section from paragraph 55 explains that “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”.

Paragraph 115 explains that “Great weight should be given to conserving landscape and scenic beauty in National Parks, the Broads and Areas of Outstanding Natural Beauty, which have the highest status of protection in relation to landscape and scenic beauty”. Observations: The main planning issues for consideration are whether there is an essential need for an agricultural worker’s dwelling on this holding, the landscape impact of the proposed dwelling having regard to the size, siting and design, and the highway access issues.

AGRICULTURAL JUSTIFICATION.

Combeland is part of a larger farm holding that is based in the south east section of the National Park. The main base for the farm is Ruglands which has an extensive range of modern farm buildings. The other main bases with buildings are Chidgely with 300 acres (but no dwelling) and the farm at Clatworthy.

The commentary from Landsense Professional, who have been commissioned by the Authority to analyse the submission in terms of farming need, explains that the farming activity is substantial and a further agricultural worker’s dwelling is justified on the wider holding.

The key issue is where that dwelling should be located in terms of agricultural

6/3/17/112 07 November 2017 EXMOOR EXMOOR NATIONAL NATIONAL PARK PARK PLANNING AUTHORITY COMMITTEE MEETING justification, and landscape and other impacts.

The information available indicates that over recent years the farm land associated with the Combeland has been used for sheep grazing and that the barn has not been used regularly. The applicant wishes to now use the barn and the new building, if permitted, for cattle over wintering and in his view this then justifies the need for a permanent on site presence in the form of a dwelling on this site rather than on one of the other holdings.

The advice from Landsense Professional on this issue is set out in detail below and advises that;

"11.2 Whilst there may be no negative impact to the business locating a dwelling at Combeland, we believe that there could be a more positive impact with locating a dwelling at the source of the need

11.3 From both a farm workers and welfare perspective, with cattle in particular, it is safer for two people to be on hand both for the animal concerned and for themselves. Although many farmers do things on their own, agriculture is listed as being the foremost industry for workplace injury – if another person was on hand the temptation to do things on your own would reduce. Although much of the work will be carried out during normal working hours, agriculture by its very nature means that more often than not work will be done outside of these hours.

11.14 As such as the bulk of the calving is taking place at Ruglands, should there be a need for a second person to be on hand it would appear logical that person would be better suited to being easily accessible. Although Combeland would only be a relatively short drive away, it would nonetheless take considerably more time to get to site in an emergency than if based closer to the main farmstead at Ruglands.

11.15 We are also aware that Mr and Mrs N Cowling are quite elderly and their involvement is now limited to light work. Therefore although they live at Ruglands, it could be argued that it isn’t always physically possible for them to provide the essential assistance required.

11.16 On balance, it is reasonable to assume the occasions where a second person is required is more likely to occur at Ruglands, than at Combeland as a) that is where the bulk of the stock are and b) that is where the majority of the lambing/calving will take place.

11.17 Therefore as it stands although it is clear that a further dwelling is justified, we remain of the opinion that with only a small proportion of calving proposed to take place at Combeland, the need for a second person to be on hand would appear better suited where it is essentially required.

11.18 Should the new building be allowed and having worked within that space the percentage of cattle calving there is significantly increased then there may be scope to revisit the requirement for a dwelling.

12.0 Conclusion

6/3/17/112 07 November 2017 EXMOOR EXMOOR NATIONAL NATIONAL PARK PARK PLANNING AUTHORITY COMMITTEE MEETING 12.1 In my opinion, in this case, based on my analysis of the details provided, inspection of the financial data and previous meeting with the Applicants and their agent; it is clear that the Applicants have extensive agricultural experience and a sound knowledge of the business and limitations caused by the current situation in agriculture and in marginal farming in particular.

12.2 At present the total enterprise relating to Ruglands Farm covers some 557ha (1375 acres). It is a family farm and provides full time employment for the Applicant, has wife, brother, parents and a farm worker with additional capacity for part time staff on a weekly basis and further specialist staff during peak periods.

12.3 Although all of the land requires management, the bulk of the work is currently centred around Ruglands and Clatworthy.

12.4 Having carried out a Standard Labour Requirement calculation on the existing farming enterprise I can advise that in my professional opinion I believe that there is a proven essential functional need for an additional full time worker to live permanently at or near their place of work in accordance with policy HC-D91(a).

12.5 Having carried out an earlier Appraisal in relation to this site, we concluded, despite there being a proven essential need, that need was linked to the farming operations at Ruglands rather than at Combeland on the basis that there was no essential link which required an onsite presence night and day.

12.6 We noted that if the buildings were, as was intended, brought back into use then there could be an argument for justification combined with ongoing labour at Ruglands but that this would require further exploration.

12.7 ENPA now have an application before them proposing agricultural use and development at that site. However the proposed use of the buildings does not necessarily generate an essential need linked to that site. Whilst the overall labour requirement is not in question, siting of key workers dwellings should, in so far as is practical and in accordance with the concessions made within the planning system, be closely linked to the actual requirement.

12.8 The accounting evidence provided shows a healthy trading position, with a decent net profit which allows me to conclude the enterprise is in a strong and secure position. Based on this evidence, we conclude that the current farm business is proven to be financially viable in the long term, it is extensive in nature and the land management activity contributes to the conservation and enhancement of the natural beauty and wildlife of the National Park and is in accordance with the tests set out in Annex 2 of the plan and therefore in accordance with policy HC-D91(b).

12.9 With reference to Annex 2 para 13.15 – the majority 542.70ha (1355 acres) (99%) of the land farmed by the Applicants is owned and of sufficient size and composition to deem this holding viable. The additional land taken on the annual grazing licences is minimal and whilst beneficial, only adds to the farms viability but in no way dictates it, as such we conclude the viability is not dependent on insecure or short term tenancies and is therefore compliant with policy provisions.

6/3/17/112 07 November 2017 EXMOOR EXMOOR NATIONAL NATIONAL PARK PARK PLANNING AUTHORITY COMMITTEE MEETING 12.10 In conclusion I am satisfied that in order to meet the welfare needs of this holding with the current labour requirements that a new dwelling is justified for the proper functioning of this farm. Its final location however is for ENPA and the applicant to determine."

Planning Officers have met and spoken with the applicant and his advisers on a number of occasions, especially during and after the earlier application for a dwelling on this site. Officers have offered to have discussions with regard to the scope to provide a further dwelling at Ruglands which is where the main farming base is located and has the majority of land and farm buildings. Nevertheless, the applicant has on a number of occasions not wished to examine that as an option and has resubmitted this application for a dwelling at Combeland. Landsense Professional have again looked at all the details and their report has come to similar conclusions that the Ruglands Farm is where the main need is for an additional on-site presence rather than the site at Combeland.

In national planning guidance there is a special exemption for farm worker’s where it is essential that they live on a farm holding and this is expressed as the functional and financial test in the Policy HC-D9.

At the present time with the emphasis on sheep grazing on this 110 acre element of the overall holding there is no essential need to live at Combeland. If the building is used for cattle as suggested then this will provide more of a case for an on-site presence nevertheless it is judged that the need is at Ruglands where the greater farming activity takes place.

In conclusion, on this issue, the scale and nature of the farming activity justifies a third dwelling on the wider holding. The issue is where that dwelling should be located. The applicant and his advisers believe that the location should be Combeland and the proposed use of the barn for cattle justifies this. The Landsense report advises that the predominant essential need is for the dwelling to be located at Rugland. On this basis of where the actual farming activity is taking place, and that it is care of housed livestock that is the main driver for needing an on-site presence, it is judged that on the evidence submitted, and the related analysis, there is not an essential need for a dwelling at Combeland.

LANDSCAPE IMPACT OF THE PROPOSED DWELLING HAVING REGARD TO THE SIZE, SITING AND DESIGN.

The present group of buildings are cut into the slope of the land as they rise up the valley adjoining the River Pulham. The dwelling is proposed to be cut into a higher section of the hillside in a more prominent position when viewed within wider landscape. The ridge of the house is approximately 5m higher than the ridge of the larger barn. The house is also detached from the building group and will give the appearance of being elevated.

The design of the house is similar to others which the Authority has permitted over a number of years under the policies of the previous Local Plan. However, this particular site with its sloping land, relationship with the building and the valley, together with the views down upon the building group from the higher land to the west adjoining Brompton

6/3/17/112 07 November 2017 EXMOOR EXMOOR NATIONAL NATIONAL PARK PARK PLANNING AUTHORITY COMMITTEE MEETING Regis, means that a more standard approach is less likely to be successful in this case.

The design of the house requires a level site and this has led the proposal to require significant excavations. Those excavations, because of the views down into the site from across the valley will be apparent and add to the concerns with the overall impact. The impact of the house is considered in the context of this landscape setting to be substantial and will not relate well to the size, form and scale of the present building group.

Officers have had pre-application discussions and other meetings and there is no site at Combelands that lends itself to a siting for a dwelling that easily assimilates into the landscape of this valley. It is acknowledged that with a different form of building and one that is closer and more associated with the existing building group, takes advantage of the slope rather than requires a level platform, and has a better curtilage treatment, that the approximate area where the present dwelling is proposed may be the one that has more potential than other parts of the site.

The applicant has not felt able to discuss alternative locations such as Ruglands which would have the potential to accommodate a dwelling with less landscape impact.

The Senior Landscape Officer has also commented that she believes that a bespoke design that follows the form of the land and relates more sympathetically with the adjoining stone barn would have less impact. However, that is not a proposal before the Authority for consideration and therefore the Landscape Officer has concluded that the present proposal “presents an inappropriate development in a prominent location and in its current form would cause significant harm to the landscape and is contrary to the first purpose to ‘conserve and enhance the natural beauty, wildlife and cultural heritage of the area’.”

Paragraph 115 of the NPPF requires that great weight should be given to conserving landscape and scenic beauty in National Parks when considering the various planning issues and policies. In this case, the Landscape Officer has concluded that the house as designed and sited causes “significant harm” and fails the first National Park purpose.

Based on the plans before the Authority, it is considered that the application proposals cause landscape harm, and having regard to the requirements under Paragraph 115 of the NPPF, that a refusal is justified as the proposal conflicts with the first National Park purpose

The recently adopted planning policy HC-D9 also sets a criterion in relation to the floorspace of the dwelling. The floorspace is in turn, dependent on design, related to the overall bulk and impact.

Criterion (d) of Policy indicates that net floorspace will be 93sqm unless the Authority is satisfied that a larger dwelling is required. If the Authority is satisfied then that larger dwelling should be commensurate with the needs of the holding and can be sustained by the farm business and be affordable in perpetuity.

The net floorspace of the dwelling as proposed is approximately 132.3 sqm. The Planning Statement accompanying the application makes no detailed justification for the dwelling

6/3/17/112 07 November 2017 EXMOOR EXMOOR NATIONAL NATIONAL PARK PARK PLANNING AUTHORITY COMMITTEE MEETING other than that the design of the dwelling has been permitted on many similar recent applications within the National Park. The Agricultural Appraisal submitted by the agent explains that the dwelling is suitable for the applicant’s brother to move into instead of living with his parents and comprising a utility, wc and office in the end of the property allows the house to be practical for use by Mr Cowling in his role as a key worker within the business. The appraisal report goes onto explain that “these additions to the main house take the property over the 90sqm, however these additions are for the business requirements not being capable of being squeezed into a smaller property”.

This would be the third dwelling on the holding with the principal farm house at Ruglands. There does not appear to be a substantial explanation as to why the habitable space of approximately 132.3sqm is in excess of the 93sqm policy figure or, for instance, why there is a need for a further office at this site in addition to Ruglands. The “working space” of utility, office and wc is also slightly larger than other applications for these types of area which other farmers have considered to meet their operational needs. It is therefore concluded that, with all the circumstances in this case, including the information set out in the application papers, that the test to satisfy the Authority that a larger dwelling than 93sqm has not been discharged in this case. It is therefore concluded that additionally this element of the policy is also failed.

HIGHWAY AND ACCESS ISSUES

When the original planning application for the dwelling was submitted the red lined application site showed the access to the farm yard and proposed dwelling was from the entrance off the road to the south of Brompton Regis. This is through the ford and the applicant does not own this access but it is assumed has a right of way. The entrance from this access onto the main road is narrow and has poor sight lines, especially to the north. The County Highway Engineer objected on highway safety ground.

This application shows the red lined application site area for the entrance excluding the access through the ford but now connects to the public highway via the RUPP to the south-east. This is a longer route to the public highway than the route through the ford. The owner of this access has written to say that the applicant does not have a right of way to access a new dwelling and consequently any dwelling would need to be accessed through the route via the ford which has been raised as unacceptable by the Highway Authority. The applicant disputes the right of way issue. He believes that he does have a right to access the proposed dwelling along the route via Kings Brompton Farm Drive and indeed this was the situation at the time of the previous now demolished dwelling. The applicant has been advised by his lawyers that there is nothing to suggest that there is anything other than a legal or prescriptive right over the track. There is, however, at the time of writing no agreement between the parties on this matter.

Normally a private dispute over a right of way would not be a planning issue. In such cases there is usually only one access to the site and if there is no private right available then regardless of whether planning permission is granted the works cannot go ahead. In this case, however, there are two independent accesses and if there is no right of way over the disputed access then this would mean that residents of the new house and their visitors would be able to use the access through the ford with the poor sight lines that the Highway Authority has objected to.

6/3/17/112 07 November 2017 EXMOOR EXMOOR NATIONAL NATIONAL PARK PARK PLANNING AUTHORITY COMMITTEE MEETING Until the issue of whether the applicant has a right of way across the neighbours drive is resolved between the parties, it is considered that it cannot be definitively assured that there is safe means of access to the site and refusal is recommended on this basis.

It is not possible, through a planning condition, to close either of the accesses because the applicant does not own them and others have rights of way. The applicant does own the land to the north of the Trotts Lane, to the south–east and is proposing two passing bays. This will address the safety concerns in respect of walkers meeting farm traffic and other vehicles but not does not address the more fundamental issues around overall access and highway safety at junctions.

OTHER PLANNING MATTERS, REPRESENTATIONS AND CONSIDERATIONS.

The Brompton Regis Parish Council make range of comment in support of the application. They believe the case has been made for the dwelling on the site in terms of farming need and overall design and floor space. They do; however, raise issues with the access and would object if the Trotts Lane access could not be used resulting in the use of the access through the ford.

While there is some support, the majority of representations from local residents raise concerns which go to the heart of the planning issues discussed above.

In relation to other matters, it is not considered that there would be any materially adverse impact on the amenities of adjoining residents or the setting of any listed buildings within the village. There is the potential for interaction between users of the bridleway and RUPP in relation to increased traffic movements however, providing the two passing bays were provided it is not considered that this would be at a level that would justify refusal on this ground.

Some residents raise concerns regarding the potential pollution of the Pulham River by increased farming activities. This would be dealt with under separate legislation and despite the proximity there is no reason to believe that with the applicant operating appropriate farming practices that there would be pollution of the water course.

CONCLUSIONS.

The applicant farms an extensive holding that contributes to National Park purposes. The analysis concludes that a third dwelling is needed on the holding. The issue is where is the essential need for that dwelling to be located to support the farming activities.

The Landsense farming analysis indicates that the balance indicates that it is reasonable to assume that the occasions where a second persons is required is more likely to occur at Ruglands, rather than at Combeland, as that is where the bulk of the stock are and that is where the majority of the lambing/calving will take place.

Officers have therefore concluded that there is not an essential need for a dwelling at Combeland and therefore the requirements of the policy and national guidance for the provision of a dwelling have not been met.

6/3/17/112 07 November 2017 EXMOOR EXMOOR NATIONAL NATIONAL PARK PARK PLANNING AUTHORITY COMMITTEE MEETING

Additionally there are concerns with the landscape impact of the proposed dwelling. There is a requirement to give great weight to conserving landscape and scenic beauty in National Parks. The Senior Landscape Officer has concluded that the proposals as submitted “are an inappropriate development in a prominent location and its current form would cause significant harm to the landscape and is contrary to the first purpose”.

There are additional policy considerations with the size of the dwelling in floorspace terms which is considered contrary to policy on the basis that a convincing case has not been made.

The highway issues have been raised by objectors, including the owner of the drive which links to Kings Brompton Drive. There appears to be doubt as to whether the applicant has a right of way and if this was not to be the case then this would mean that any dwelling would have to be accessed through the ford and via the junction that the Highway Authority has raised objections. Based on this uncertainty, and highway safety concerns, this is considered to form a further reason for refusal, until matters are resolved.

Officers have met and spoken with the applicant and his advisers on many occasion to seek a way forward. There is proven need for a third dwelling on this land holding. The applicant wishes his application for a dwelling at Combeland to be considered and the Committee need to decide as a starting point on the principle of dwelling at this site. The advice on the essential need is set out above.

While the proposed siting of the dwelling at Combeland is not ideal to accommodate a dwelling it is probably the least worst available; however the form, size and precise location of the present proposal do not assimilate satisfactorily into the site.

The highway access issues appear unresolved at the time of writing and therefore this is another concern that would need to be addressed were the Combeland site to be pursued. The recommendation is that the application as submitted be refused and the views of the Committee will help guide officers and the application in the next steps because it is accepted there is a need for a further dwelling on this wider farm holding.

Recommendation: Refuse for the following reasons 1. While it is accepted that there is a need for a further agricultural worker’s dwelling on the wider holding it is not considered that the case has been made that there is a proven essential functional need for a full time worker to be at the Combeland site. Consequently, the application, if permitted, would result in an unjustified new dwelling in open countryside contrary to policies HC-D1 and HC-D7 of the Exmoor National Park Local Plan (2011-2031) and the requirements of Paragraph 55 of the National Planning Policy Framework. 2. The siting, form, size, floorspace in excess of 93sqm, level changes, curtilage and overall impact of the proposed dwelling detracts from the character and appearance of the landscape and the scenic beauty of this part of the National Park conflicting with Policies GP1, GP3, CE-S1, CE-D1, CE-S6, HC- D8 and HC-D9 of the Exmoor National Park Local Plan (2011-2031) and Paragraph 115 of the National Planning Policy Framework.

6/3/17/112 07 November 2017 EXMOOR EXMOOR NATIONAL NATIONAL PARK PARK PLANNING AUTHORITY COMMITTEE MEETING 3. There is a dispute as to whether the applicant has a private right of way to access the site for a new dwelling via the Kings Brompton Drive route, proposed as part of the application site red lined area. If there is no right of way this will mean that, if the dwelling were to be permitted, it would be necessary to access the site via the ford and the junction to the south of Brompton Regis. This access is narrow and has inadequate visibility and if increased traffic were required to use this junction, it would increase highway danger conflicting with Policy AC-D2 of the Exmoor National Park Local Plan (2011-2031).

6/3/17/112 07 November 2017 273.3m Planning Application No 6/3/17/112

Combeland mpton P ul Regis ha m

R

i v e

r

k c a r T

255.4m

Haddon View Ford

235.1m FB

Lower Rock Track 6 Old Wagon Works

FBs HADDON 7

B

CLOSE 0 1 r o

1 o C R k Rock House o o s i

t c t d

a k e 6 g

e

e d i s l l i H

229.4m

219.3m

248.3m

Ridge Cottage

221.0m Sewage

Works T

k

Tk

Rock Mead

Planning236.4m Application Site

Site Map Reproduced from an Ordnance Survey map with the permission of the 1:2500 Controller of HMSO © CrownCopyright reserved. Licence No 100024878

Planning Application No 6/3/17/112

Planning Application Site

Overview Map Digital Mapping Solutions (OS Explorer Map) provided by Dotted Eyes. 1:20000 © Crown Copyright 2006. All rights reserved. Licence number 100019918