Development Management Report

Committee and date Item/Paper

South Planning Committee

26 March 2013 9

Responsible Officer: Stuart Thomas email: stuart.thomas@shropshire.gov.uk Tel: 01743 252665 Fax: 01743 252619

Summary of Application

Application Number: 12/04813/FUL Parish: Cleobury North

Proposal: Siting of log cabin for twelve month holiday home occupation; installation of septic tank

Site Address: Proposed Log Cabin At Former Reservoir Park Gate Cleobury North Bridgnorth Shropshire

Applicant: Mr P Brennan

Case Officer: Sara Jones email: [email protected]

Grid Ref: 361319 - 287029

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South Planning Committee : 26 March 2013 Proposed Log Cabin At Former Reservoir, Park Gate, Cleobury North, Bridgnorth, Shropshire

Recommendation:- Refuse subject to the conditions set out in Appendix 1.

Recommended Reason for refusal

1. The proposal would result in sporadic and isolated unsustainable development in a nationally designated landscape in the open countryside. Planning policies require great weight to be placed on maintaining the quality and character of the landscape. In this instance the need to protect the countryside is considered to outweigh the economic benefits to the area. Furthermore despite the existing utilitarian fencing etc. which occupies the site the log cabin proposed would have a far greater impact and would appear incongruous in this isolated location. As such it is considered that the development is contrary to policies CS5, CS6 and CS16 of the Shropshire Core Strategy, saved Bridgnorth District Local Plan policy RD6 as well as the National Planning Policy Framework. In arriving at this decision the Council has used its best endeavours to work with the applicant in a positive and proactive manner to secure an appropriate outcome as required in the National Planning Policy Framework paragraph 187.

REPORT

1.0 THE PROPOSAL

1.1 This is a full planning application for the construction of a single timber chalet for use by visitors to the area. The details submitted indicate that it would have a bedroom on the ground floor and space within the roof which is undefined within the roof space. The proposed log cabin would have the following approximate dimensions: 12 metres by 6 metres by 6 metres to the ridge.

1.2 The building is proposed to be constructed primarily in timber the roof covering being finished in a cedar shingle. The cabin would be energy efficient using sheep’s wool insulation between each log and insulation within the roof space. All surface water is proposed to be collected, and attenuated in water butts which in turn would be disposed of on an overflow basis to the proposed soakaways chamber pit. Foul drainage is proposed to be disposed of via a septic tank located 7.0m from any habitable room.

1.3 It is noted that the Design and Access Statement confirms that the cabin would be placed upon the existing reservoir.

2.0 SITE LOCATION/DESCRIPTION

2.1 The site is situated in the Shropshire Hills Area of Outstanding Natural Beauty and is located off a narrow road that carries frequent traffic movements to/from a picnic/recreation area, especially at a weekend during the summer months. From the off-road parking located further along this road, walkers ascend Brown Clee Hill. Whilst the site is essentially flat the landscape slopes generally to the west.

2.2 The boundary of the site is delineated by a industrial chain link fence supported on concrete posts supports, it supports storage sheds and a concrete attenuation tank associated with its former use by Severn Trent Water as a Reservoir.

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South Planning Committee : 26 March 2013 Proposed Log Cabin At Former Reservoir, Park Gate, Cleobury North, Bridgnorth, Shropshire

3.0 REASON FOR COMMITTEE DETERMINATION OF APPLICATION

3.1 Burwarton Parish Council express a view which is contrary to the Officers recommendation and the Local Member has requested that the proposal be considered by the South Planning Committee. The Chair has agreed to this request.

4.0 Community Representations

- Consultee Comments Burwarton Parish Council – “Whilst Councillors have no objection to a holiday home on the site, they request that conditions clearly state that it should not be used as a permanent dwelling. They are concerned that a precedent would be set for other similar applications within the parishes. They also have reservations about the positioning of a septic tank and associated drainage on such a small site.”

SC Highways – No objection, recommend condition.

SC Trees – No objection.

SC Drainage - No objection, recommend conditions/informatives.

Shropshire Fire & Rescue Service - No objection, recommend informatives.

- Public Comments Site notice displayed/dated 04.12.2012. Expired 25.12.2012. Three letters sent 27.11.2012. Expired 18.12.2012. No representations received.

5.0 THE MAIN ISSUES

Principle of development Visual impact on AONB Benefits to local economy Highways

6.0 OFFICER APPRAISAL

6.1 Principle of development 6.1.1 The Council’s planning policies on tourist accommodation are found in Core Strategy policies CS5, CS6 and CS16. Policies recognise the vital role that the sector plays in the local economy and community. Policy CS16 requires that In rural areas, proposals must be of an appropriate scale and character for their surroundings, be close to or within settlements or an established and viable tourism enterprise where accommodation is required. Where possible, existing buildings should be re-used.

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South Planning Committee : 26 March 2013 Proposed Log Cabin At Former Reservoir, Park Gate, Cleobury North, Bridgnorth, Shropshire

6.1.2 The justification for policy CS16 explains that the rural and tranquil nature of Shropshire’s countryside is also a key component of Shropshire’s attractiveness as a visitor destination and significantly adds to the quality of life for residents. It is therefore vital that all tourism, cultural and leisure facilities, particularly in rural areas, are compatible with their location so that Shropshire’s unique character and tranquillity is retained.

6.1.3 These points are reinforced by policy CS5 which strictly controls new development in the countryside. The policy advises that proposals which would result in isolated, sporadic, out of scale, badly designed or otherwise unacceptable development, or which may either individually or cumulatively erode the character of the countryside, will not be acceptable. Whilst these considerations will apply generally, there will be areas where development will need to pay particular regard to landscape character, biodiversity or other environmental considerations including in the Shropshire Hills Area of Outstanding Natural Beauty.”

6.1.4 Policy CS5 sets out the exceptions for dwellings (C3) in open countryside locations. These are expressly limited to: • affordable houses in response to an identified local need, and • agricultural dwelling in response to again to a proven need.

Both these exceptions are strictly controlled with legal agreements to ensure that affordable dwellings remain affordable in perpetuity and available to the local community, and agricultural dwellings are also restricted and they have a fall-back to revert to affordable if no longer required.

6.1.5 The site is located some 0.6 miles (as the crow flies) from the village centre of Cleobury North, 1.9 miles north of Burwarton and 2 miles south of Ditton Priors. Whilst it may be within walking distance of the limited village amenities of Cleobury North, the nature of the road network is not conducive to pedestrian use.

6.1.6 Part 3 of the National Planning Policy Framework supports policies for economic growth in rural areas. This includes sustainable tourism development which respects the character of the countryside. Part 11 of the NPPF advises that great weight should be given to conserving landscape and scenic beauty in AONBs.

6.1.7 It is also noted that Saved Bridgnorth District Local Plan policy RD6 states that permission will not be granted for new caravan, camping or chalet sites or for the enlargement of existing sites in the Severn Valley or the Shropshire Hills Area of Outstanding Natural Beauty.

6.1.8 In support of the application the applicants point to other applications which lie within a similar distance from settlements which have been granted planning permission. With respect to these it is noted that planning permission 11/05483/FUL (Siting of four holiday chalets at Weirbridge Cottage, Stanwardine Lane, Wykey) is a site which was previously used for camping and caravanning and is in a location where there are a number of existing cultural and leisure facilities. The Hillside Windmill refers to the conversion of an existing building and application 12/04629/FUL (Erection of a log cabin for holiday accommodation on land north of Wykey Lodge, Stanwardine in the Fields, Baschurch) was in fact

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South Planning Committee : 26 March 2013 Proposed Log Cabin At Former Reservoir, Park Gate, Cleobury North, Bridgnorth, Shropshire

refused as it would result in sporadic and isolated development in the countryside. It is considered therefore that scheme 11/05483/FUL and the Hillside Windmill mentioned above are materially different to the proposal subject to this application.

6.1.9 Overall, planning policies support development in or adjoining existing settlements. Isolated development unrelated to an existing enterprise has to be very carefully considered, particularly where the site is in a designated area such as an AONB. In making a decision on the proposal the economic benefits have to be balanced against the impact on the landscape. These issues are considered below.

6.2 Visual impact on AONB 6.2.1 The proposed chalet would be constructed in timber with a cedar shingle roof covering. As noted above the site is constrained and currently delineated by a utilitarian metal fence and ancillary paraphernalia associated with its previous use by Severn Trent.

6.2.2 It is noted that despite the location there are no significant trees on the site and the adjacent woodland would not suffer from the siting and construction of the proposed cabin.

6.2.3 The site is located along a narrow lane leading up to Hillside and is visible from the public highway. In support of the application the applicant states that the visual amenity of the location would be improved by the development as it would replace the existing concrete attenuation tank, storage sheds and chain link fencing and questions how this can harm the character and tranquillity of the location.

6.2.4 It is considered that the scale of the cabin compared with the existing visible structures/paraphernalia would erode the undeveloped character of the area and its permanent occupation (albeit by tourists to the area) would further erode the peaceful quality of the area. Therefore despite the existing utilitarian fencing etc. it is considered that the presence of the log cabin proposed would have a far greater impact and would appear incongruous in this isolated location, the importance of the landscape being acknowledged by its inclusion in the nationally designated Shropshire Hills AONB.

6.3 Benefits to local economy 6.3.1 Whilst it is accepted that the proposal would attract walkers and visitors to the area who are looking for isolation and access to superb countryside and local services may also benefit from additional customers it is not considered that the benefits to the local economy in this case would outweigh the harm to the character and tranquillity of the countryside location.

6.4 Highways 6.4.1 As noted above the site is located off a narrow road that carries frequent traffic movements to/from a picnic/recreation area, especially at a weekend during the summer months. From the off-road parking located further along this road, walkers ascend Brown Clee Hill. This gives rise to there being greater vehicle movements along the single track carriageway here than is usual for a road of this nature.

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South Planning Committee : 26 March 2013 Proposed Log Cabin At Former Reservoir, Park Gate, Cleobury North, Bridgnorth, Shropshire

6.4.2 It is considered that although the vehicle movements generated by the proposed development would be greater than those arising from the former use of the site they would not make a material difference to highway conditions in the vicinity of the site.

6.4.3 The road frontage of the site provides an informal passing place on this well used single track road and the loss of this is not considered desirable. Currently the distinction between the highway boundary and site frontage is not clear and it is likely that originally it was forward of the reservoir fencing. The scheme proposes parking spaces to the front of the cabin and although the Highways Development Control Officer does not envisage this being a problem, it would not be desirable for these to be fenced off from the highway at anytime in the future as this would prevent vehicles from freely enter/exiting the parking spaces and remove the informal passing place facility currently available. It is considered that this issue could be controlled by the inclusion of an appropriately worded condition.

7.0 CONCLUSION 7.1 The proposal would result in sporadic and isolated unsustainable development in a nationally designated landscape in the open countryside. Planning policies require great weight to be placed on maintaining the quality and character of the landscape. In this instance the need to protect the countryside is considered to outweigh the economic benefits to the area. Furthermore it is considered that despite the existing utilitarian fencing etc. which occupies the site the log cabin proposed would have a far greater impact and would appear incongruous in this isolated location. As such it is considered that the development is contrary to policies CS5, CS6 and CS16 of the Shropshire Core Strategy, saved Bridgnorth District Local Plan policy RD6 as well as the National Planning Policy Framework. In arriving at this decision the Council has used its best endeavours to work with the applicant in a positive and proactive manner to secure an appropriate outcome as required in the National Planning Policy Framework paragraph 187.

8.0 Risk Assessment and Opportunities Appraisal

8.1 Risk Management

There are two principal risks associated with this recommendation as follows:

As with any planning decision the applicant has a right of appeal if they disagree with the decision and/or the imposition of conditions. Costs can be awarded irrespective of the mechanism for hearing the appeal, i.e. written representations, hearing or inquiry. The decision may be challenged by way of a Judicial Review by a third party. The courts become involved when there is a misinterpretation or misapplication of policy or some breach of the rules of procedure or the principles of natural justice. However their role is to review the way the authorities reach decisions, rather than to make a decision on the planning issues themselves, although they will interfere where the decision is so unreasonable as to be irrational or perverse. Therefore they are concerned

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South Planning Committee : 26 March 2013 Proposed Log Cabin At Former Reservoir, Park Gate, Cleobury North, Bridgnorth, Shropshire

with the legality of the decision, not its planning merits. A challenge by way of Judicial Review must be made a) promptly and b) in any event not later than three months after the grounds to make the claim first arose.

Both of these risks need to be balanced against the risk of not proceeding to determine the application. In this scenario there is also a right of appeal against non-determination for application for which costs can also be awarded.

8.2 Human Rights

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

First Protocol Article 1 requires that the desires of landowners must be balanced against the impact on residents.

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

8.3 Equalities

The concern of planning law is to regulate the use of land in the interests of the public at large, rather than those of any particular group. Equality will be one of a number of ‘relevant considerations’ that need to be weighed in Planning Committee members’ minds under section 70(2) of the Town and Country Planning Act 1970.

9.0 Financial Implications

There are likely financial implications of the decision and/or imposition of conditions if challenged by a planning appeal or judicial review. The costs of defending any decision will be met by the authority and will vary dependant on the scale and nature of the proposal. Local financial considerations are capable of being taken into account when determining this planning application – in so far as they are material to the application. The weight given to this issue is a matter for the decision maker.

10. Background

Relevant Planning Policies

Central Government Guidance:

National Planning Policy Framework Core Strategy and Saved Policies: CS5 - Countryside and Greenbelt CS6 - Sustainable Design and Development Principles CS16 - Tourism, Culture and Leisure RD6 – Location of Caravan, Camping and Chalet Sites.

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South Planning Committee : 26 March 2013 Proposed Log Cabin At Former Reservoir, Park Gate, Cleobury North, Bridgnorth, Shropshire

RELEVANT PLANNING HISTORY:

None

List of Background Papers Cabinet Member (Portfolio Holder) Cllr M. Price Local Member Cllr Robert Tindall Appendices

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