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, , , 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

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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 , 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

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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

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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.

2.23 Recently, correspondence from one of Wiltshire Council’s Enforcement Officers (ref: 19/00033/ENF) noted the use of the Lodge as a residential dwelling. This submission seeks to resolve the issues raised and achieve a Certificate of Lawfulness.

2.24 This Section 191 application will demonstrate that The Lodge, the access and related domestic curtilage has been in permanent residential occupation for a period in excess of 10 years and is therefore immune from enforcement action for use as an independent dwelling. Accordingly, a Certificate of Lawful Use should be granted.

3.0 Evidence of Residential Occupation

3.1 A number of documents such as bills, HM customs correspondence, consultant and Council correspondence letters are available which demonstrate Mr Hewitt’s attachment to Wilton Forestry and the Sawmill business. These however, are not

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Ref: MSH/001/RG – Certificate of Lawful Use or Development, Blackmore Lodge.

crucial to demonstrating the residential occupation of The Lodge for the purposes of the ten-year rule, as they relate to the commercial address, rather than Blackmore Lodge as a residence. These documents do however, confirm the fact Mr Hewitt was operating from this address for his occupation and residence.

3.2 A number of evidence documents are available which cite Mr Hewitt’s residential occupation of Blackmore Lodge post 2009. These are not considered relevant for the purposes of demonstrating the residential occupancy of the building as part of the “10- year rule” under Section 191 of the Town and Country Planning Act 1990. These documents do however, demonstrate the continued residential occupancy of the Lodge by Mr Hewitt until the present day. These are analysed at paragraph 3.11 below.

Evidence of Residential Occupation Before 2009

3.3 A number of documents submitted as part of the evidence package cite Mr Hewitt’s connection to the site through a number of different addresses. These include the commercial addresses: Wilton Forestry, Blackmore Yard and residential addresses (including a number of variances in spelling ie. Blackmore Lodge, Blackmoor Lodge and Blackmoore Lodge). Particular focus will be drawn on those evidence documents which demonstrate Mr Hewitt’s occupancy of The Lodge specifically. These postal addresses distinguish the exact building subject of this application within the commercial sawmill site (or yard).

3.4 An invoice (dated 23/01/1998) which states that preliminary work on the Log Cabin style office and canteen facility was undertaken between the 6th May 1997 and 29th August 1997 (by Robert Amor of Architectural Design Services, Salisbury) is attached at Appendix K. This invoice cites Mr Hewitt’s address as Wilton Forestry and the work described on the invoice relates to the original erection of the Lodge under planning permission S/1996/1646.

3.5 The Three Chequers Medical Practice has provided a letter (dated 29/04/2019) stating that Mr Hewitt changed his address to Blackmore Lodge on the 26th January 2001. This was signed by Doctor Sam Dominey. This letter is attached to the Statement at Appendix L.

3.6 A letter (dated 09/04/2002) from the DVLA cites Mr Hewitt’s address as Wilton Forestry Houses. The content of the letter addresses the return of Mr Hewitt’s driving license notifying the DVLA of a change of postal address. This is attached to this

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Ref: MSH/001/RG – Certificate of Lawful Use or Development, Blackmore Lodge.

Statement at Appendix M.

3.7 A letter confirming subscription to the emap consumer magazine dated 13/01/2004 connects Mr Hewitt’s late spouse to Blackmore Sawmills. The Statutory Declaration confirms that Mr Hewitt and his spouse resided alongside each other in The Lodge since 2000. The subscription letter is attached at Appendix N.

3.8 A death certificate (dated 03/01/2006) has been submitted as evidence which cites Mr Hewitt’s residence as Blackmoor Lodge. This also cited his spouse as residing in the Lodge alongside Mr Hewitt as a sawmill proprietor. The Statutory Declaration from Mr Hewitt also confirms the details found on the certificate (at paragraph 18). This certificate is attached at Appendix O.

3.9 In August 2006 and August 2007, correspondence from I.M. Newman Ltd Funeral Directors addressed to Blackmore Lodge for the attention of Mr Hewitt has been attached to this Statement at Appendix P.

3.10 Two letters from HM Customs and Excise addressed to Mr Hewitt at Blackmore Yard have been provided as evidence. These are dated the 12th and 19th of December 2006, although seemingly concern unpaid cheques associated with the Sawmill business on site. Appendix Q.

Evidence of Residential Occupation Since 2009

3.11 Since 2009, a number of documents have been submitted as part of the evidence package which demonstrate the continued occupancy of the Lodge as a principle residence for Mr Hewitt. These documents include: • Whitehead Vizard Solicitors letter (25/03/2013 [citing residence as Blackmoor Lodge); • Motors Insurance Bureau letter (12/07/2013 [citing residence as Blackmore Lodge); • Vodaphone letter (22/08/2013 [citing residence as Blackmoor Lodge); • British Gas electricity bill (08/07/2014 [citing residence as Blackmoore Swamill) • NHS Salisbury and District eye test (04/12/2014 [citing residence as Blackmore Lodge); • Nationwide Bank Statement (19/12/2014 [citing residence as Blackmore Lodge); • DVLA Tax reminder letter (15/02/2015 [citing residence as Blackmore Lodge); • Council Tax Bill (09/04/2019 [citing residence as Blackmoor Lodge). 7

Ref: MSH/001/RG – Certificate of Lawful Use or Development, Blackmore Lodge.

3.12 The full schedule of the evidence documents which cite Mr Hewitt’s residence of the Lodge since 2009 is attached at Appendix R. The copies of these documents are available at Appendix S.

Witness Statements

3.13 The Statutory Declaration of Mr. Christopher Hewitt is appended to this Statement at Appendix B. The Statement accords with the timeline of evidence and planning history of the site, demonstrating Mr Hewitt’s occupation of the site and involvement in residential and commercial occupation of the site. These are described above and appended to this Statement.

3.14 Paragraphs 14 and 15 of Mr Hewitt’s Statement supports the evidence documents in that the occupation of the Lodge as a residence first occurred in 2000. Paragraph 18 states that Mr Hewitt and his late spouse resided in the Lodge until the date of her death in January 2006. Mr Hewitt confirmed that the Lodge has been occupied as his sole residence since this date.

3.15 Paragraph 16 states that materials were provided from a local builder to establish the site access, although this work was not required to be completed prior to construction of the Lodge (see conditions attached to decision notice ref: S/2002/0358).

3.16 It is noted the postal addresses on the supporting information include a range of different spellings, for clarity Mr Hewitt confirmed the dwelling should be known as “Blackmore Lodge” (paragraph 21). However, this does not compromise the validity of those documents citing Mr Hewitt’s occupancy of the Lodge under different spellings of “Blackmore”.

3.17 The details within the Statutory Declaration completed by Mr Smith; the site owner, supplements evidence documents and the Declaration by Mr Hewitt. Following Mr Smith’s acquisition of the site in 2016, Mr Hewitt has continued to reside in the Lodge as his sole residence. This Statement of Fact confirmed Mr Hewitt (and late spouse) resided in the Lodge prior to Mr Smith acquiring the site. This Declaration is also at Appendix B of this Statement.

Providing Evidence in Accordance with Section 191 of The Town and Country Planning Act 1990

3.18 For the purposes of section 191 of the Town and Country Planning Act 1990 it is proven from the Statutory Declaration and supporting material, that there has been

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Ref: MSH/001/RG – Certificate of Lawful Use or Development, Blackmore Lodge.

constant residential occupation of The Lodge in excess of 15 years. The Lodge has demonstrably been occupied by Mr Hewitt since the early 2000s.

3.19 The burden and standard of proof is on the Applicant. The standard of proof is the balance of probabilities. The Planning Practice Guidance states:

“…if a local planning authority has no evidence itself, nor from any others, to contradict or otherwise make the applicant’s version of events less than probable, there is no good reason to refuse the application, provided the applicant’s evidence alone is sufficiently precise and unambiguous to justify the grant of a certificate on the balance of probability” (Paragraph 006. Reference ID: 17c-006-20140306).

3.20 In this case, the content of the Statutory Declarations together with the supporting evidence is compelling and demonstrates that on the balance of probability, the Applicant has satisfactorily discharged his responsibility in terms of the onus of proof.

3.21 Accordingly, the “10-year rule” test of section 191 (2) a) of the 1990 Planning Act applies as the time to enforce against occupancy of the building has elapsed and therefore The Lodge is immune from enforcement action against residential occupancy on a permanent basis.

4.0 Conclusion

4.1 It is submitted that the content of the Witness Statement and supporting evidence demonstrate that the onus of proof has been discharged by the Applicant and as a consequence on the balance of probabilities, Wiltshire Council can grant a Certificate of Lawfulness of Existing Used or Development.

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1

Appendices 2

A. Site Plan from S/1996/1646 & S/2002/0358 3 4

B. Statutory Declarations from Blackmore Lodge’s Occupant: Mr Hewitt & The Site Owner: Mr Smith. 5 6 7 8 9 10 11

C. Evidence Document Schedule 12

Evidence Schedule and Timeline

Document Name Date of Address Further Info Date Lodge Document Cited Residence Cited Architectural Robert Amor Wilton Invoice for the 23/01/1998 Design Services Forestry work completed invoice between 06/05/1997 and 29/08/1997 Letter from Three Dr. Sam 29/04/2019 Blackmore States address was 26/01/2001 Chequers Dominey Lodge changed in 2001 Medical Practice (29/04/2019) Magazine Sarah Sharp 13/01/2004 Blackmore Emap consumer 13/01/2004 Subscription Sawmill magazine subscription letter Death Certificate R. Hunter 13/05/2019 Blackmoor Date of death of 03/01/2006 Lodge Mr Hewitt’s spouse cited as 03/01/2006 Funeral Directors Julie Rawson 02/08/2006 Blackmore 02/08/2006 Correspondence (I.M. Lodge Newman Ltd) Demand Notice HM Customs 19/12/2006 Wilton 12/12/2006 Forestry, Blackmore Yard Notice of Unpaid HM Customs 19/12/2006 Wilton 19/12/2006 Cheque Forestry, Blackmore Yard Funeral Directors Martin Calver 06/08/2007 Blackmore 06/08/2007 Correspondence (I.N. Newman Lodge Ltd) Simon Male Woolley & 25/01/2012 Blackmore 25/01/2012 Wallis Yard Chartered Surveyors Simon Male Woolley & 30/08/2012 Blackmore 30/08/2012 Wallis Yard Chartered Surveyors Whitehead Vizard Whitehead 25/03/2013 Blackmoor 25/03/2013 Solicitors Vizard Lodge Solicitors Insolvency Notice Kirklands 22/05/2013 Blackmoor 22/05/2013 Lodge Lynette Hill Motors 12/07/2013 Blackmore 12/07/2013 Insurance Lodge Bureau 13

Vodaphone Sue Morris 22/08/2013 Blackmoor 22/08/2013 Direct Debit (Vodaphone) Lodge Instruction British Gas Bill British Gas 08/07/2014 Blackmoore Business Electricity 08/07/2014 Sawmills Bill Salisbury and NHS – 04/12/2014 Blackmore 04/12/2014 District NHS Eye Salisbury Lodge Screening District Hospital Bank Statement Nationwide 19/12/2014 Blackmore 19/12/2014 Lodge DVLA Tax DVLA 15/02/2015 Blackmore 15/02/2015 Reminder Lodge Late Licensing Inter-Credit 09/03/2015 Blackmore 09/03/2015 Penalty Notice International Lodge Ltd Council Tax Bill Wiltshire 09/04/2019 Blackmoor 01/06/2017+ Council Lodge 14

D. Allowed Appeal Decision T/APP/5409/A/81/09030/G5 (in accordance with S/81/0371) 15 16 17 18 19

E. Decision Notice S/84/1731/TP 20 21 22

F. Decision Notice S/1987/1074 23 24

G. Decision Notice S/1987/1863 & Appeal Decision Notice T/APP/A/88/09008/P4 25 26 27 28 29

H. Decision Notice S/1991/1449

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30 31

I. Decision Notice S/1996/1646 32 33 34

J. Decision Notice S/2002/0358 35 36 37 38 39

K. Architectural Design Services Invoice for Work Completed Between 06/05/1997 – 29/08/1997 (Letter Date: 23/01/1998) 40 41 42

L. Three Chequers Medical Practice Letter Confirming Change of Address in 2001 (Dated 29/04/2019) 43 44

M. DVLA Change of Address Letter (Dated 09/04/2002) 45 46

N. Emap Consumer Magazine Subscription Letter (Dated 13/01/2004) 47 48

O. Death Certificate (Dated 03/01/2006)