8 week date Application No. Date of meeting Report No.

30/6/2009 GR/09/0479 7/10/2009

Rose Smallholdings, Harvel Road, , , , DA13 0RN.

Retention of the dog kennel for the housing of six dogs.

Mr Russell Bennett

Recommendation:

Permission subjection to conditions see page 10

1. Site Description

The application site is located in open countryside on the north west side of Harvel Road, Meopham, south of Culverstone Green and close to , a modern village built on the site of a wartime army camp in the 1960’s.

The application site is run as a smallholding on some 19 acres of land (7.7 hectares) including about 5 acres (2 hectares) of wood and residential/amenity areas with the remaining 14 acres (5.7 hectares) of grassland. The site is divided into a number of fields.

A driveway from Harvel Road gives access to a group of buildings set back from the road by some 70m which are enclosed by walls and a gate containing the applicant’s residence (originally an agricultural barn), and several storage and other outbuildings. The dwelling, which has a brick and stone exterior and a tiled roof, has a conservatory extension at the rear and a flat roofed addition at the front. A further brick and tiled building is used for a bedroom with en-suite bathroom. A flat roofed L shaped storage building now clad with white ship-lap boarding was being used for domestic storage and contained a toilet and was also used for incubating wildfowl.

To the rear of the dwelling is an enclosed paddock containing a new timber building of three stables set below ground level on a concrete apron which were built in 2005 but are not used as stables. One of the stables was used for storage and contained racking.

South of the dwelling is a portacabin on a concrete base which is being used as an office to run a transport business from the holding. There is no planning permission for such use or for the portacabin and the retention of the portacabin was subject to recent application GR/2009/0480 which was refused under delegated powers on 26 August 2009.

South of the stables are the dog kennels which are the subject of this application.

2. Planning History

The past planning history is very complex and detailed. Originally the site formed part of a large agricultural holding known as Rose Farm. In 1977 Rose Farm was fragmented and Rose Smallholding formed one of eight lots which were sold off. In July 1979 the Borough Council imposed an Article 4 Direction on the former Rose Farm removing permitted development rights for various classes of development including agricultural development and all means of enclosure in order to maintain planning controls over the fragmented land. The Direction remains in force.

The site was also the subject of a planning enforcement notice which was served on 3 January 1990 regarding the erection of a barn within the site.

The following are some of the other key planning decisions.

In 1981 planning permission was refused on Green Belt, landscape and countryside character grounds for an application (reference GR/81/354) for a stable block consisting of 2 stables and a hay store. An appeal was dismissed on 18 March 1982, the Inspector determining that such a building constituted sporadic development out of keeping with the rural character of the area.

In 1991 permission was refused for and application (GR/90/751) for the erection of a barn for the accommodation of livestock on Green Belt, landscape and lack of agricultural need grounds.

A Lawful Development Certificate application for residential use of a hay storage barn on the site was refused in 1993 on grounds of evidence lacking proof, some documents not being genuine, and other documents being contradictory. However an Inspector at appeal, following a public inquiry, found favour with the appellant’s evidence, that on the balance or probabilities the barn had been used residentially for 4 years, and allowed the appeal on 18 January 1995. Subsequently in the light of that decision the Borough Council gave permission for a residential curtilage in 1996.

Permission was given for a change of use of agricultural land to part agriculture and part equestrian and erection of a field shelter in 1996 (GR/96/227). The field shelter was subject to a condition not to be used for stables. It was erected in the south west corner of the site. Planning permission was refused on Green Belt and landscape grounds for an application (GR/96/271) for a stud farm including a range of new buildings to the south west of the existing dwelling.

Permission was given in 2001 for a rear conservatory to the existing dwelling and refused for a double garage also in 2001 – the latter for reasons of detriment to the openness of the Green Belt and detriment to the landscape. Permission was also refused for front pillars and walls.

In 2001 permission was refused for an application (GR/2001/0059) for a block of three stables to be sited where the portacabin is now and to the south west of the existing dwelling. The reasons for refusal were:-

1. The proposal is contrary to the provisions of Policy MGB3 of the Kent Structure Plan, Policy GB2 of the Local Plan First Review and Policy RA2 of the Gravesham Local Plan 2nd Review (Deposit Version), which include the site within the Metropolitan Green Belt. Within the Green Belt there is a strong presumption against permitting new development outside the present confines of

2 REPORT NO PAGE urban areas and villages unless it conforms with the open recreational functions of the Green Belt or is directly related to agriculture or other land uses appropriate to a rural area. The proposed stable block constitutes inappropriate development within the Green Belt and by virtue of its size, siting and design would undermine the openness of the surrounding area.

2. The proposal is contrary to the provisions of Policy ENV4 and RS1 of the approved Kent Structure Plan, Policy C4 of the Gravesham Local Plan First Review and Policy NE2 of the Gravesham Local Plan 2nd Review (Deposit Version). These policies give long term protection to Special Landscape Areas and the Green Belt and give priority to their landscape over other planning considerations. The erection of the stable block would be detrimental to the open, rural qualities of the surrounding landscape.

3. The proposal is contrary to the provisions of Policy C17 of the Gravesham Local Plan First Review and Policy RA20 of the Gravesham Local Plan 2nd Review (Deposit Version) which refer to the recreational use of land for horse- riding, riding schools and the erection of stables in the countryside. The erection of the stable block is not compatible with the agricultural and landscape policies in the Local Plan and would be detrimental to the open, rural qualities of the surrounding area.

4. Insufficient detail has been provided in accordance with Article 3(1)(b) of the Town and Country Planning (Applications) Regulations 1988, to allow the proposed use of the stable block and the surrounding land to be accurately assessed.

A subsequent appeal (APP/K2230/A/01/1071166) was dismissed. The appeal turned not on whether the stable were inappropriate development or on the design of the building but solely on its prominent siting. The Inspector commented:

“Given the planning policy background and the recognised landscape quality of the area, it is necessary, in my view, to ensure that any further development here fully respects its environmental and landscape context”

Subsequently permission was granted in November 2001 for a block of three stables (GR/2001/0364) stated on the drawings as being 10m x 4m but scaled as 10.9m x 4m. Internally the stables as shown on the drawing were 3.5m x 3.5m. The stable block was shown to be site to the rear of the group of existing buildings on the site to the north west of the dwelling. A planning condition required removal of an existing container on the site (however it appears this has just been moved elsewhere on the site). The stable have been built but have not been used as stable as they were apparently built too small.

Two further applications were submitted (GR/2008/0468) for the erection of a barn for the storage of hay, feed, plant and machinery and (GR/2008/0469) for the erection of a block of three stables which was permitted. The reasons for refusal on GR/2008/468 were:-

1. The development by reason of its size, scale and siting would be inappropriate development and seriously prejudicial to the openness of the Metropolitan Green Belt within which the application site is located. The development is therefore contrary to policy SS2 and SS8 of the adopted Kent and Medway Structure Plan 2006 and policy GB2 of the adopted Gravesham Local Plan First Review 1994. No very special circumstances have been submitted to justify the development and the development is also contrary to the advice in PPG2 (Green Belts).

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2. The application site lies within the Special Landscape Area. The primary objective of the Special Landscape Areas is the protection, conservation and enhancement of the quality of the landscape and where normally priority is given to the landscape over other planning considerations. In the opinion of the Local Planning Authority the size, scale and siting of the development are such that it would cause harm to the sensitive landscape setting and unacceptably injure the open character and visual amenities of the Special Landscape Area. As such the development is contrary to policies EN1 and EN5 of the adopted Kent and Medway Structure Plan 2006 and policies C0 and C4 of the adopted Gravesham Local Plan First Review 1994. The proposal is also contrary to the advice in PPS7: Sustainable Development in Rural Areas.

Following the above refusal an appeal has been lodged which is currently in progress. In 2008 planning application GR/2008/0469 for erection of 3 stables to be sited next to the existing stables was granted planning permission 25 November 2008.

At the same time as this application being submitted a further application GR/2009/0480 was submitted for the retention of the portacabin used as farm office and haulage office. This application was refused under delegated powers on 26 August 2009. The reasons for refusal on GR/2009/0480 were:-

1. The proposal is contrary to the provisions of Planning Policy Guidance 2 (Green Belts) Policy SP5 and KTG1 of the South East Plan, Policy GB2 of the Gravesham Local Plan First Review and Policy RA2 of the Gravesham Local Plan 2nd Review (Deposit Version), which include the site within the Metropolitan Green Belt. Within the Green Belt there is a strong presumption against permitting new development outside the present confines of urban areas and villages unless it conforms with the open recreational functions of the Green Belt or is directly related to agriculture or other land uses appropriate to a rural area. The existing portacabin constitutes inappropriate development within the Green Belt and by virtue of its size, siting and design would undermine the openness of the surrounding area.

2. The proposal is contrary to the provisions of Policy C4 of the Gravesham Local Plan First Review and Policy NE2 of the Gravesham Local Plan 2nd Review (Deposit Version). These policies give long term protection to Special Landscape Areas and the Green Belt and give priority to their landscape over other planning considerations. The existing portacabin would be detrimental to the open, rural qualities of the surrounding landscape.

3. Proposal

The proposal, the subject of this application is for the retention of dog kennel for the housing of six dogs measuring 7.2m in length by 3.45m deep with a sloped roof measuring 1.9m high at the front and 1.6m at the rear. Use of the dog kennels is stated as housing two Cocker Spaniels; these are intended that these will be the basis of breeding stock for the farm. There are also three Alsatians which act as guard dogs and a further dog which is housed within the kennel overnight.

4. Development Plan

The Development Plan for the area comprises of the South East Plan adopted in May 2009, and the Gravesham Local Plan First Review (Local Plan) adopted 1994. A

4 REPORT NO PAGE substantial number of policies of the Gravesham Local Plan First Review have been saved by a Direction dated 25 September 2007 of the Secretary of State under paragraph 1 (3) of Schedule 8 to the Planning and Compulsory Purchase Act 2004.

The draft Gravesham Local Plan Second Review Deposit Version 2000 (Draft Local Plan Second Review) has been adopted by the Borough Council for development control purposes but in view of the provisions of the Planning and Compulsory Purchase Act 2004, it is not being progressed any further. Nevertheless, the Borough Council considers that it remains a material consideration. It is acknowledged that the policies are of limited weight but that the weight which can be attached to its policies is greater where the policies are consistent with Government guidance and with policies of the adopted Local Plan First Review.

The Council is in the process of preparing a Local Development Framework (LDF) for the Borough. Progress to date on this document has focussed on the Statement of Community Involvement (SCI), which was adopted in March 2007 and the Core Strategy. Three public consultation exercises have been carried out to identify the key issues and priorities for consideration in the Core Strategy. The last consultation was in October/November 2007 on the Core Strategy Key Issues and Options Report. Work is currently progressing on the Core Strategy Preferred Options Report. The Local Development Scheme (LDS), which sets out the programme for taking forward the LDF, was reviewed in order to address deficiencies in the evidence base and the changes introduced by PPS12 and the Town and Country Planning (Local Development) () (Amendment) Regulations 2008. The revised LDS was approved by GOSE on 16 January 2009.

The Regional Spatial Strategy (RSS) for the South East of England (known as the South East Plan) sets out the long term spatial planning framework for the region over the years 2006-2026. The Plan is a key tool to help achieve more sustainable development, protect the environment and combat climate change. It provides a spatial context within which Local Development Frameworks and Local Transport Plans need to be prepared, as well as other regional and sub-regional strategies and programmes that have a bearing on land use activities. These include the regional economic and housing strategies as well as strategies and programmes that address air quality, biodiversity, climate change, education, energy, community safety, environment, health and sustainable development.

The Plan includes spatial policies for:

• the scale and distribution of new housing; • priorities for new infrastructure and economic development; • the strategy for protecting countryside, biodiversity and the built and historic environment; and • tackling climate change and safeguarding natural resources, for example water and minerals.

In the Development Plan documents the site is consistently shown as being within the Metropolitan Green Belt and a Special Landscape Area.

Gravesham Local Plan First Review

The following policies in the adopted Local Plan (Gravesham Local Plan First Review 1994) are relevant to the consideration of this application.

Policy GB2 Development in the Green Belt

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There will be a strong presumption against permitting new development in areas subject to Green Belt policies, other than in accordance with Approved Kent Structure Plan Policy MGB2

Policy C0 General Countryside

The Borough Council will give priority to conserving and enhancing the character and quality of the countryside. The development of "fresh land" will not normally be permitted in the countryside, most of which is designated Metropolitan Green Belt. Emphasis will be placed on the redevelopment of land and the husbanding of undeveloped land in the urban area for residential and employment uses in order to reduce pressures for development in the countryside.

Policy C4 Special Landscape Areas

Policy CC7 of the Approved Kent Structure Plan, which defines Special Landscape Areas, will be applied to the areas delineated in this Plan. The Borough Council will give long term protection to these areas (which incorporate that part of the Kent Downs Area of Outstanding Natural Beauty which falls within the Borough) and will normally give priority to their landscape over other planning considerations.

Local Plan Second Review Draft Deposit Version 2000

The following policies in the Local Plan Second Review are relevant to the consideration of this application.

Policy NE2 Special Landscape Areas

Development within the North Downs Special Landscape Area shown on the Proposals Map will only be allowed if it conserves and enhances the natural beauty of the landscape, unless the economic and social benefits of the development outweigh the strategic landscape importance of the area. Where development is allowed, its impacts on the landscape should be minimised.

Policy RA2 Control of Development in the Green Belt

Within the Green Belt inappropriate development will not be permitted. The construction of new buildings is inappropriate and planning permission will not be granted unless it is for the following purposes:- i. agriculture or forestry; ii. essential facilities for outdoor sport or recreation, for cemeteries, or for other uses of land which preserve the openness of the Green Belt and do not conflict with its purposes; iii. limited extension, alteration or replacement of existing dwellings provided it is in accordance with Policies RA5 and RA6; iv. limited infilling in existing villages, as identified in Policy RA9; or v. redevelopment of major existing developed sites as specified in Policy RA7 (Hoo Junction).

6 REPORT NO PAGE South East Plan

The following policies as set out in the Secretary of State’s Proposed Changes published July 2008 are also relevant.

Policy SP5: Green Belts

The existing Green Belts in the region will be retained and supported and the opportunity should be taken to improve their land-use management and access as part of initiatives to improve the urban rural fringe. If there are any cases for small scale local reviews, these can be pursued though the Local Development Framework process.

Policy C4: Landscape and Countryside Management

Outside nationally designated landscapes, positive and high quality management of the region’s open countryside will be encouraged and supported by local authorities and other organisations, agencies, land managers, the private sector and local communities, through a combination of planning policies, grant aid and other measures.

In particular, planning authorities and other agencies in their plans and programmes should recognise, and aim to protect and enhance, the diversity and local distinctiveness of the region’s landscape, informed by landscape character assessment.

Positive land management is particularly needed around the edge of and in other areas subject to most growth and change. In such areas long-term goals for landscape conservation and renewal and habitat improvement should be set, and full advantage taken of agri-environmental funding and other management tools.

Local authorities should develop criteria-based policies to ensure that all development respects and enhances local landscape character, securing appropriate mitigation where damage to local landscape character cannot be avoided.

National Planning Policy Guidance Relevant statements of national planning policy guidance are capable of being material considerations in planning decisions. The following are particularly relevant to this application.

PPS1 (Delivering Sustainable Development) PPG2 (Green Belts) PPS3 (Housing) PPS7 (Sustainable Development in Rural areas)

5. Reason for Report

At the request of Cllr Mrs R Collins.

6. Consultations and Publicity

Kent Highways Service I refer to the above planning application and have no objections to the proposal in respect of highway matters.

7 REPORT NO PAGE Private Housing No comments

Regulatory Services The nearest property to the kennels is c.200m. The location is however rural and has a generally tranquil character. Any new noise has the potential to travel long distances and be noticed above the low background noise particularly at night. This Service has had no complaint of dog barking connected with this use. It is considered provided the permission is conditioned for domestic use only and the number of dogs housed in this area are limited to no more than six then this Service would not raise an objection to this application.

Works of Construction Please add works of construction informative

Publicity This application was publicised by way of neighbour notification letters. Representation was received from the following addresses:

126 Timberbank – objection to the proposal on the following grounds:- • Concern the dogs will be a nuisance in the summer months when surrounding properties have their windows open at night; and • when walking along the adjoining road the dogs on site sound savage and concern this impacts on the amenity of the area.

136 Timberbank – objection to the proposal on the following grounds • The kennel construction is poor and would expose the dogs to the elements; • concern the dog breeding proposed is not an agricultural activity; and • dog noise from the development will impact on the residential amenity of surrounding properties.

A number of other issues are raised in the above objection letter which are not related to this application and it would be inappropriate to raise these issues in this report.

7. Service Manager, Development Control comments

Principle of Development The property is located in the Metropolitan Green Belt and is a Special Landscape Area and furthermore there is an Article 4 Direction on the site which means any development on site which is usually permitted development will require a formal planning application. Even though these restrictions are in place it does not automatically mean no development is acceptable on the site.

Scale, massing and design Design of the dog kennels is a rectangular building measuring 3.45 metres in depth by 7.2 metres in length. Height of the building has a maximum height of 1.9 metres to the front and 1.6 metres at the rear. Internal layout of the kennels is that the front section 2.2 metres by 1.3 metres is a run for the dogs with a enclosed kennel at the rear measuring 1.1 metres by 1.2 metres.

External facing materials of the dog kennel is a basic design comprising of metal railings for the runs and wooden enclosure for the runs. Roofing of the kennels is corrugated metal sheets.

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Overall the building is made of functional materials rather than those which are designed to be aesthetically pleasing. This is a very common approach with functional buildings which under normal circumstances would not require a formal planning application.

Impact on the Green Belt. Due to the site being located within the Metropolitan Greenbelt and Special Landscape Area the impact on the openness of the Green Belt and Special Landscape Area needs to be considered. Location of the dog kennels is close the existing stable buildings and is subservient to the existing surrounding buildings. As the building is located around the cluster of existing agricultural and domestic buildings it will not cause any further harm to the openness of the Green Belt than the existing buildings do on the site.

It is therefore concluded that the impact of the development on the openness of the Green Belt will be minimal and will not lead to an adverse impact on the Special Landscape Area.

Impact on neighbouring properties The dog kennels are located over 200 metres from the nearest residential property, however as the area is generally tranquil in character noise generated has the potential to travel long distances. Furthermore, the noise of dogs may be more noticeable above the low background noise particularly at night.

It is recommended by Regulatory Services that, subject to there being permission for the kennels to be used for domestic use, the number of dogs housed shall be limited to no more than six dogs. It is also considered that should complaints arise of dog barking they can be dealt with using existing statutory noise nuisance powers enforced by Regulatory Services.

Since the kennels were constructed without the benefit of planning permission there have been no complaints received by the Council regarding dogs barking with the connected use.

Access and parking arrangements Kent Highways Service was consulted on the above application and makes no objection to the proposal.

Other issues As the attached photographs show (dated 17.9.2009) there is a wooden structure being built to the north of the existing dog kennels without planning permission being first obtained. The Planning Enforcement Team has been informed and will be dealing with this separate matter.

Consultation expiry date 21 July 2009

Recommendation: Permission with the following conditions

Conditions

1. The dog kennels shall only house a maximum of 6 dogs only at one time and the dog kennels shall only be used for domestic kennels only at all times.

Grounds

9 REPORT NO PAGE 2. To ensure impact of the dog kennels on surrounding properties is minimal and the dog kennels are only used for domestic purposes.

Informatives

Animal Licencing Requirement:

The applicant must be made aware that these premises may require a dog breeders license under the The Breeding of Dogs Act 1973. The applicant is advised to contact Regulatory Services on (01474) 33 73 34 to discuss this matter further.

Reasons for permission:

As section 7 of the report

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