South Planning Committee, 15th December 2009, 2 Silvington Hill, Hopton Wafers,

Committee and date Item

South Planning Committee [] 8 15th December 2009

Development Management Report

Application Number: 09/02782/FUL Parish: Farlow

Grid 362550 - 278621 Ref:

Proposal: Erection of a toilet/shower block with drying area; installation of a septic tank

Site Address: 2 Silvington Hill Hopton Wafers Bridgnorth DY14 0ER

Applicant: Mr R. Salter

Case Officer: Mr Richard Fortune email: [email protected]

1.0 THEPROPOSAL&OVERVIEW 1.1 Planning permission is sought for the erection of a toilet/shower block with drying area and the installation of a septic tank.

1.2 The purpose of the new outbuilding is to service a proposed new camp site which the applicant intends to open in April 2010 to visitors. An application has not been submitted for a Change of Use of the land to a camp site in this instance as the applicant has applied for ‘Certified Site Status’ from the Camping & Caravan Club which exempts specific sites from requiring planning permission if supported by the club having regard to Section 269 of the Public Health Act 1936.

1.3 The applicant submitted a number of documents with the application submission including a completed Rural Enterprise Grant Form which states that the Camping & Caravan Club have issued the applicant with the certificated site status. In order for the Officer to assess the proposed toilet/shower block, confirmation that the site is able to operate as a camping site

Contact Rob Mills, Tel 01584 838340 1 South Planning Committee, 15th December 2009, 2 Silvington Hill, Hopton Wafers, Bridgnorth

without planning permission was sought from the Caravan & Camping Club as no details or copies of the Certificate were provided with the application submission. The Club was able to confirm that a Certificate setting out the sites ‘Certified Status’ had been applied for by the applicant but at the time of writing this report, this had not been issued. It was confirmed by the club however, that the Certified Site Status would be acceptable once the toilet/shower block and associated septic tank were installed and it was their intention to issue the certificate once this was in situ.

1.4 The toilet block is proposed to be sited in the south western corner of this 22 acre site some 55 metres to the northwest of the applicant’s dwelling known as 2 Silvington Hill. The septic tank would be located to the west of the block.

1.5 The toilet/shower block would measure approximately 2.2 metres in height (eaves), 6 metres in width with a depth of 3 metres. In all, the ground area covered by the outbuilding would measure 18m².

1.6 The elevations would comprise of softwood cladding (tongue and groove) treated with a dark oak (or similar) preservative. The roof which is a gentle single pitch would comprise of corrugated black bitumen sheets with translucent (ondulin) panels.

1.7 The applicant has advised that the Rural Enterprise Grant application has been accepted, demonstrating that the business will be viable. He states the proposed toilet block will not be used exclusively by campers but will also be available to walkers/ramblers. He comments it would be the only toilet facility available in the area.

2.0 SITE LOCATION/DESCRIPTION 2.1 The site is located within the Shropshire Hills Area of outstanding Natural Beauty and within the open countryside. Whilst predominantly rural in nature, there are dwellings sporadically located within the surrounding countryside with the hamlets of Cleeton St Mary located 1200 metres to the west and Hopton Wafers located 2km’s to the south. The site is also adjacent to the Catherton Common Site of Scientific Interest (SSSI).

2.2 The area immediately adjacent to the proposed toilet/shower block is bound by mature vegetation and trees. The boundary adjacent to the access track is partially screened however views into the area where the proposed block is to be sited are possible. This track would be the primary access into the site and is unadopted and unclassified which is substandard and in a poor state of repair.

Contact Rob Mills, Tel 01584 838340 2 South Planning Committee, 15th December 2009, 2 Silvington Hill, Hopton Wafers, Bridgnorth

3.0 RECOMMENDATIONS 3.1 Refuse on the grounds of inappropriate development as it fails to preserve or enhance the character of the AONB. The construction of a permanent building on this site is premature given that the site is not yet operating and the Authority has no certainty of the viability of the campsite proposal.

4.0 REASON FOR COMMITTEE / DELEGATED 4.1 The application is referred to Committee because the officer view is contrary to that of the Parish Council.

5.0 RELEVANT PLANNING HISTORY 5.1 The application site has had no previous planning history directly associated with it.

5.2 It should be noted that the applicant sought pre-application planning advice from the Authority but given the sites location on the former district boundaries of Bridgnorth and South Shropshire authorities, this pre-application went incorrectly to the Ludlow Office where advice was offered that planning consent was required for the toilet/shower block. Advice was also offered that the proposal was deemed to not be excessive in size and offered advice on what may be appropriate in terms of design and materials. The advice did contain a caveat stating that it was provided without the Officer visiting the site and would not prejudice the outcome should a planning application be submitted.

6.0 CONSULTEE RESPONSES 6.1 Natural – No objection to the proposed development subject to the proposal being carried out in strict accordance with the submitted plans.

6.2 Parish Council – Recommend approval with emphasis the applicants promise to paint the building in a ‘dark oak’ or similar.

7.0 PUBLIC REPRESENTATIONS 7.1 None received as a result of public and neighbour consultations.

8.0 PLANNING POLICY 8.1 Central Government Guidance: Planning Policy Statement 1: Delivering Sustainable Development. Planning Policy Statement 7: Sustainable Development in Rural Areas. Good Practice Guide on Planning for Tourism (Replacement to PPG21).

8.2 Regional Spatial Strategy Policies: Policy RR1: Rural Renaissance.

8.3 The Shropshire and & Wrekin Joint Structure Plan:

Contact Rob Mills, Tel 01584 838340 3 South Planning Committee, 15th December 2009, 2 Silvington Hill, Hopton Wafers, Bridgnorth

P5: Development Outside Settlements.

8.4 Local Plan: Policy D1: Design & Amenity. Policy S5: Development in the Countryside (read in conjunction with Policy RD6: Holiday, Camping, Caravan and Chalet Sites). Policy B4: Area of Outstanding Natural Beauty. Policy B5: Development in the Countryside. Policy TM1: Tourism Development.

9.0 THEMAINPLANNINGISSUES 9.1 Nationally designated areas comprising National Parks, the Broads, the New Forest Heritage Area and Areas of Outstanding Natural Beauty (AONB), have been confirmed by the Government as having the highest status of protection in relation to landscape and scenic beauty. The conservation of the natural beauty of the landscape and countryside should therefore be given great weight in planning policies and development control decisions in these areas.

9.2 Planning Policy Statement 7 states that facilities requiring new buildings in the countryside particularly where they are located outside of settlement boundaries may be justified where the required facilities are needed in conjunction with a particular countryside attraction; they meet the criteria set out in para.35 of PPS7; and where there are no suitable buildings or developed sites available for re-use.

9.3 The criteria set out in para.35 states that Local planning authorities should:

 Plan for and support the provision of general tourist and visitor facilities in appropriate locations where identified needs are not met by existing facilities in rural service centres. Where new or additional facilities are required, these should normally be provided in, or close to, service centres or villages;

 Allow appropriate facilities needed to enhance visitors’ enjoyment, and/or improve the financial viability, of a particular countryside feature or attraction, providing they will not detract from the attractiveness or importance of the feature, or the surrounding countryside.

9.4 Structure Plan Policy P5 limits new development in the countryside to specific categories, one of which is developments for tourism and recreation. Bridgnorth District Local Plan Policy S5 states that in areas of countryside outside of the Green Belt, permission will not be given for the construction of new buildings unless certain circumstances prevail as set out in the listed

Contact Rob Mills, Tel 01584 838340 4 South Planning Committee, 15th December 2009, 2 Silvington Hill, Hopton Wafers, Bridgnorth

criteria. Criterion 4 sets out that development would be acceptable if it is for a tourism development which is appropriate to a countryside area and which conforms to certain Policies including RD6. Policy RD6 sets out that new campsites’ will be resisted in the AONB whilst Policy B4 states that development will not be permitted if it harms the character or setting of the Shropshire Hills AONB. Development within the AONB should conserve and enhance the special qualities of the designated landscape.

9.5 Policy B5 requires that development in the countryside should be designed, located and sited to complement the existing rural character and landscape. Policy TM1 sets out that tourism development will be permitted if of an appropriate scale and type.

9.6 Therefore, the main issue for consideration in this instance is whether the proposed toilet/shower block would be an appropriate development given the sensitivity of the location in which it is proposed to be sited in accordance with adopted policy. Other issues for consideration is the impact upon the character and appearance of the rural location and the impact upon neighbouring amenities if any.

10.0 OFFICER APPRAISAL

10.1 Principle of Development 10.1.1 The construction of the toilet/shower block constitutes ‘development’ as defined by the Town & Country Planning Act 1990. As the site is not currently operating as a camp site with planning permission or under license, it does not benefit from Permitted Development Rights. Planning permission is therefore required for the proposed toilet/shower block.

10.1.2 The site is currently undeveloped and described as ‘private meadowland’ by the applicant. Given that the site is undeveloped (Greenfield) and has not operated as a campsite but seeks to commence this operation in 2010, there is no precedent on this site for a tourism facility. PPS7 requires that new buildings in the countryside be required facilities associated with a particular countryside attraction. As the use of the site as a camping site is not established nor is it an appropriate use of the site (as there is no identified need), the principle of development for the permanent toilet/shower block is not considered acceptable.

10.2 Appropriateness of the Proposal & Impact on AONB 10.2.1 The Planning Authority accepts that some site owners are able to apply for ‘Certificated Locations’ (referred to by the applicant as a ‘Certified Site’) which allows them to operate as a camp site without the need for a change of use planning application. These certificates are issued by the Camping & Caravan Club (referred to as the Club) at their discretion however such sites do not

Contact Rob Mills, Tel 01584 838340 5 South Planning Committee, 15th December 2009, 2 Silvington Hill, Hopton Wafers, Bridgnorth

benefit from permitted development rights unless licensed by the Licensing Authority hence this application. In assessing this proposal, the Officer contacted the Club to request details of the certificate which the applicant indicated had been issued for this site but had not provided evidence of in the application submission. The Club confirmed that a certificate has been applied for by the applicant but this will not be issued until appropriate facilities are provided (including the septic tank). Therefore, planning consent is being sought for the toilet/shower block and the septic tank to accord with this requirement.

10.2.2 Usually when an applicant applies for planning permission for a permanent structure to house a facility such as this, the site on which it is to be located would already be operating as a camp site. It would not normally be considered appropriate to allow a development which would be unrelated to the current lawful use of the site as the Authority would want confirmation that the use to which the proposed facility relates is established and in a sustainable operating position. The risks of allowing a permanent structure prior to the camp site operating are high as there is no certainty that the enterprise would be successful. In essence, the application is caught in what could be referred to as a ‘Catch-22’ situation. On one hand the site cannot gain a certificate without the proposed facilities and on the other, the Authority cannot look favourably upon a permanent structure as the site is not yet an authorised, established and viable camp site.

10.2.3 Notwithstanding the above, there are also other issues with the proposal in terms of the appropriateness within the AONB having regard to planning policy. Whilst the applicant is not seeking consent for the campsite, policy S5 of the adopted Local Plan requires that the proposed new building is associated with “a tourism development which is appropriate to a countryside area and conforms with policies….RD6...”. Policy B4 supports this further by stating that “development will not be permitted if it would harm the character or setting of the Shropshire Hills AONB. Development proposals affecting the AONB should conserve and enhance the special qualities of the designated landscape”. Notwithstanding that a certificate has not yet been issued for this site, a certificate would not automatically render the operation of the campsite an appropriate use in planning terms. Planning policy therefore would indicate that the proposed building is inappropriate as it would not be associated with an appropriate land use in accordance with Policies S5(4) and B4.

10.2.4 With regard to the requirements of PPS7 (para.35), it is not considered that the proposal meets these as the applicant has not justified a permanent building within the AONB for an identified need. Nor has any evidence been shown that alternative facilities could be provided rather than a permanent building (i.e. within the

Contact Rob Mills, Tel 01584 838340 6 South Planning Committee, 15th December 2009, 2 Silvington Hill, Hopton Wafers, Bridgnorth

existing dwelling to the south or temporary facilities on site to allow for the viability of the campsite to be monitored). It is considered that the application for a permanent building in this sensitive location is premature given that the camp site is not yet in operation. Whilst the Authority encourages diversification within the rural economy, this should not be at the expense of the character and ambience of the countryside and AONB. On the basis of this concern the application for a permanent building for a toilet/shower block and septic tank is recommended for refusal.

10.3 Design, Scale and Character 10.3.1 The proposed toilet/shower block is considered minor in scale and of materials which are as sympathetic as can be. However, the location is sensitive in that it is an AONB and open countryside and it is considered that any new and permanent building along with a non-established use would harm the very special character of this area.

10.4 Impact on neighbours/residential amenity 10.4.1 It is not considered that the proposed building would result in any adverse impacts upon neighbouring properties given the distances involved in this instance.

11.0 CONCLUSION 11.1 In conclusion, the proposed development comprising of a toilet/shower block and septic tank would not be associated with an established or appropriate use within the Area of Outstanding Natural Beauty and the proposal would not conserve, protect or enhance the natural beauty of the AONB. It is noted that the applicant has applied for a certificate for the site to operate as a camping site however; this does not automatically render the use appropriate in planning terms, especially within the Area of Outstanding Natural Beauty and open countryside. The proposal therefore fails to comply with national Planning Policy Statement 7, District Local Plan Policy B4 and Policy S5 (in conjunction with Policy RD6) which only allows new buildings in the countryside if associated with appropriate uses. It is not considered that the applicant has demonstrated any cogent or exceptional circumstances to depart from the aims and objectives of adopted planning policy.

Finally, the application for a permanent structure on the site for the camp site is considered premature given that the use of the site for camping has not yet commenced. It is accepted however that the proposed business/operation would appear to be viable with the acceptance of the Rural Enterprise Grant Application.

Contact Rob Mills, Tel 01584 838340 7 South Planning Committee, 15th December 2009, 2 Silvington Hill, Hopton Wafers, Bridgnorth

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 of development upon nationally important features and the impact on residents.

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

Environmental Appraisal and Other Information Copy of Rural Enterprise Grant Form. Design & Access Statement. Member Champion Cllr Martin Taylor-Smith Local Member Cllr Madge Shineton Cllr Gwilym Butler

Reason for refusal

1. The application site is located in an area of attractive open countryside within the Shropshire Hills Area of Outstanding Natural Beauty (AONB) and is undeveloped contributing to the rural character and ambience of the area. The proposed building (toilet/shower block) represents inappropriate development within the countryside and within the AONB as it would not be associated with an appropriate use in planning terms as required by policy S5 of the adopted Bridgnorth District Local Plan. The development would introduce and set a precedent for further intrusive development pressure on the site and would harm the landscape character and beauty of the AONB and open countryside contrary to adopted Bridgnorth District Local Plan policies S5 (in conjunction with RD6), D1, TM1, B4, B5 and National Planning Policy Statement 7: Sustainable Development in Rural Areas. There are no exceptional circumstances demonstrated in this application that warrant a departure from these policies.

Contact Rob Mills, Tel 01584 838340 8 South Planning Committee, 15th December 2009, 2 Silvington Hill, Hopton Wafers, Bridgnorth

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