19/00033/ENF Our Ref: MSH/001/RG Impact Planning Services
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Application under section 191 of the Town and Country Planning Act 1990 for a Certificate of Lawful Use or Development: Blackmore Lodge, Winterslow Road/Livery Road, Farley, Salisbury, Wiltshire, SP5 1AG. Planning Statement prepared by Impact Planning Services Ltd on behalf of Mr. Michael Smith 12th March 2020 LPA Ref: 19/00033/ENF Our Ref: MSH/001/RG Impact Planning Services Ltd: Unit 1, The Court Yard Copse farm, Lancaster Place South Marston Park, Swindon, Wiltshire, SN3 4UQ Tel: 01793 820158 Ref: MSH/001/RG – Certificate of Lawful Use or Development, Blackmore Lodge. Contents 1.0 Introduction .................................................................................... 2 2.0 Site Background and Planning History ........................................ 2 3.0 Evidence of Residential Occupation ............................................ 5 4.0 Conclusion ..................................................................................... 9 Appendices…………………………………………………………………………………..10 1 Ref: MSH/001/RG – Certificate of Lawful Use or Development, Blackmore Lodge. 1.0 Introduction 1.1 This application is made under section 191 of the Town and Country Planning Act 1990 for the granting of a certificate confirming that the property known as “Blackmore Lodge” and associated land (as shown at Appendix A from application S/1996/1646, and later S/2002/0358), has lawful use as a permanent residential dwelling. 1.2 This application is supported with a Statutory Declaration from the occupant of Blackmore Lodge: Mr Christopher Hewitt and a Statutory Declaration from the site owner: Mr Michael Smith (both can be found at Appendix B). These declarations demonstrate that Blackmore Lodge, the related access point and associated curtilage have been in permanent residential use in excess of 10 years. 1.3 The Statutory Declarations are accompanied by corroborative evidence, including doctors’ surgery letter, bank account statement and formal correspondence with businesses, which demonstrates the occupation of the Lodge as a residence for a number of years. The schedule of all relevant documents is attached at Appendix C. This schedule also features the document’s date and the numerous variations in postal addresses cited (especially in the spelling of Blackmore Lodge), owing to the site’s commercial and residential uses. 1.4 This Statement provides the context and background to the section 191 application. On the balance of probabilities, the evidence supporting this application is compelling, and a Lawful Use Certificate should be granted by Wiltshire Council, confirming that the Lodge is an independent dwelling. 2.0 Site Background and Planning History 2.1 The property lies within the site known as Wilton Forestry (or ‘The Sawmill’). The site lies approximately 1.1km eastwards from the village of Farley and approximately 1.7km north eastwards from East Grimstead. 2.2 The site lies between two large woodland areas; Bentley Woods to the east and Blackmoor Copse to the west. Immediately north west from the site, adjacent to Livery Road, two detached dwellings and two large poultry sheds are sited. 2.3 The site is oval shaped, owing to the siting of the Sawmill alongside the turn in the adjacent Livery Road, which travels north to north westerly adjacent to the west of the site. 2 Ref: MSH/001/RG – Certificate of Lawful Use or Development, Blackmore Lodge. 2.4 The Lodge lies at the southern extremity of the site, adjacent to the access point onto Livery Road. Opposite the Lodge, a parking area and number of small structures provide storage for the sawmill business. Immediately north eastwards from the Lodge, a number of structures associated with the operating sawmill are sited. The remainder of the site northwards is used currently for storage of redundant agricultural equipment and materials. 2.5 The Lodge itself is constructed with horizontal wooden logs with brown PVC guttering and windows and tiled roof. The Lodge also has a conservatory attached to the living area on the south eastern elevation. Elevations of the Lodge are available within supporting document: Exhibit Sheet CH2. 2.6 Access to the Lodge is taken from the south via Livery Road. The associated parking areas and access arrangements with The Lodge are depicted on a plan attached at Appendix A, which was submitted with application S/1996/1646 and S/2002/0358 (site planning history described below). Planning History 2.7 A number of planning applications have been submitted on the site, dating back to 1982 (other applications which have may have occurred on site are not available to view on the Wiltshire Council planning portal). The applications mostly relate to the operation of the sawmill and its associated buildings. 2.8 An appeal was allowed (ref: T/APP/5409/A/81/09030/G5) on the 12th February 1982 for the continued use of 0.5 acres (0.2 hectares) for the preparation of stake material from the surrounding woodland, in accordance with the application ref: S/81/0371. This allowed appeal included conditions which restricted the operational hours of the business, and required re-planting of trees which were removed or damaged during stake production. The allowed appeal decision is attached at Appendix D, unfortunately the original planning application documents are unavailable. 2.9 In association with this, an application ref: S/84/1731/TP was approved four years later (on the 23/04/1986) for the continued use of the site as a stake production plant. This permission required Mr Hewitt to be operating from the site as sawmill proprietor, or the site was to return to its previous use. The approval notice is attached at Appendix E. 2.10 Application ref: S/1987/1074 for the erection of a bungalow was refused on the 17th September 1987. The reasons for refusal stated that the proposals would be poorly 3 Ref: MSH/001/RG – Certificate of Lawful Use or Development, Blackmore Lodge. related to an established settlement, that development was not justified to meet the needs of an agricultural worker, and that noise, odour and general disturbance from nearby poultry and timber businesses would be detrimental to the enjoyment of occupiers of the dwelling. This decision notice is attached Appendix F. 2.11 In 1987, an outline application for the erection of a single dwelling was submitted (ref: S/1987/1863). This application was refused on the 28th January 1988 (see Appendix G). The reasons for refusal were reflective of the previous refusal for one bungalow in 1987. Reasons also expressed concern for the development constituting sporadic development, which would set a precedent for similar development nearby, which would compromise highway safety. 2.12 This refusal was appealed, but dismissed on the 14th November 1988 (ref: T/APP/A/88/09008/P4). The dismissed appeal notice is also attached at Appendix G. The reasons for dismissing the appeal focussed on the unjustified need for a dwelling beyond settlement boundaries and the potential to improve security on site without the need for a permanent worker’s/overnight watchman’s dwelling (suggesting measures such as fencing, alarms and better secured machinery). 2.13 In 1991 an outline application ref: S/1991/1449 was refused for the erection of one dwelling, toilet, shower and mess facilities for use by forestry staff. This application was refused on the 9th January 1992 as the requirement for the dwelling was unjustified in terms of agricultural or forestry worker’s needs. This is attached at Appendix H. 2.14 Application ref: S/1996/1646 was approved with conditions on the 11th February 1997 for the provision of a timber log cabin for use as office/canteen and construction of new access. The notice approving this is attached at Appendix I. 2.15 There were ten conditions attached to this permission. One condition sought to restrict the cabin’s use to commercial use by Wilton Forestry as a canteen and office for a period of 5 years. This permission also stated use of one room in the cabin as an overnight watchman’s post was acceptable, in the interests of site security (condition 3). 2.16 This permission also required the removal of the existing canteen, office and night watchman’s caravan on site. 2.17 Condition 5 required the access to be properly consolidated and surfaced (not in loose 4 Ref: MSH/001/RG – Certificate of Lawful Use or Development, Blackmore Lodge. gravel or stone) for the first 20 metres extending from the highway into the site. 2.18 Other conditions included the need for surface water drainage details, foul water drainage details, access visibility splays and materials schedule to be provided to the Council prior to commencement of development. 2.19 On 28th May 2002, an application ref: S/2002/0358, was approved with conditions for the retention of the timber log cabin for use as an office/canteen and the construction of a new access. This permission was submitted to vary conditions 5, 6, 7 and 8 of permission S.1996/1646. The decision notice is attached at Appendix J. 2.20 There were six conditions attached to this permission. Four conditions (2, 4, 5 & 6) required the completion of associated works within 3 months of the decision notice. These included surfacing the northern access point, providing a surface water drainage strategy to avoid discharge onto the highway, and providing visibility splays for the southern and northern access. 2.21 Condition 1 required the log cabin to be retained for office and canteen purposes incidental to the operation of the timber yard and not for any other use, including B1 and B8 uses. The occupancy of the Lodge residentially has led to a use of the building which is in conflict with this condition. 2.22 Condition 3 ensured any gates installed at the site entrance were sufficiently set back from the highway (16 metres) as to not compromise highways safety.