Site Address: Willowbrook Farm 13/01868/F Hampton Gay

Ward: Kirtlington District Councillor: Cllr Holland

Case Officer: Shona King Recommendation: Refusal

Applicant: Mr Ben Wilkins

Application Description: Change of use to allow camping and caravan buses on site

Committee Referral: Major Committee Date : 6 March 2014

1. Site Description and Proposed Development

1.1 The site is located to the north side of the road leading to Hampton Gay. It is an area of approximately 4 acres of what is currently agricultural land which forms part of a 30 acre farm. The site is adjacent to the River Cherwell and does not have a road frontage or a hard-surfaced access. It is within the Oxford Green Belt and is crossed by a public footpath. Part of the site is level and the remainder slopes up to towards the north.

1.2 Consent is sought for the change of use of the land to allow camping and caravan buses to be sited on the land. The applicant has stated that six converted buses (a mix of single and double deckers) will be placed on the site with a central bus for communal/staff use. Toilets will be compost toilets and there will be an anaerobic digester on the site. An existing building on the site will be used for storage and services such as laundry. They state that most of the site will remain open for guests for recreation purposes.

2. Application Publicity

2.1 The application has been advertised by way of neighbour letters, a site notice and press notice. The final date for comment was the 2nd December 2013. 9 letters have been received, including from the CPRE, the Oxfordshire Preservation Trust and the Oxford Green Belt Network. The following issues have been raised: • Inappropriate development within the Green Belt • Impact on the landscape • Visual intrusion • Out of character with the rural area • Impact on the Oxford Canal Conservation Area • Impact on the historic environment • Highway safety • Noise and disturbance • Future development if approved • Waste and rubbish • Drainage • Impact on wildlife • Impact on the local community

3. Consultations

3.1 Hampton Gay and Poyle Parish Council: Objects to the application and makes the following observations: The comments received from Parishioners has been entirely against this application

and they have written individually to outline their objections. As a Parish Council we are unable to judge if this development is a breach of planning regulations but we are certainly not in favour of it.

Cherwell District Council Consultees

3.2 Landscape Officer: This application contains a proposal to put buses converted into 'caravan' type accommodation and camping onto a site close to Hampton Gay.

There are a number of issues with this application. Firstly there is no detail regarding the location of the elements contained in the proposal, no information on vehicular access to them, parking provision, the digester, the toilets, the electrical terminal relay. The access road off the single carriageway road to Hampton Gay does not exist at present. The site entrance is on a bend.

The method of access for construction machinery and materials has not been explored nor that of getting buses onto the site.

There is no landscape and visual assessment of the proposal. Had this been carried out it would have I believe shown that the majority of the site is unsuitable for development being very prominent in the landscape.

Footpath 237/1crosses the middle of a field which has considerable prominence in the wider landscape. It is clearly visible from the road and as you approach the site along the footpath.

There may some possibility of a limited amount of camping around the existing building on the lower levels of the site. This section of the site is concealed from the road by vegetation. It would be visible from the footpath as you walk down the hill but could be mitigated by appropriate planting. I would expect to see a detailed layout with appropriate landscaping.

I don't think that converted buses are an appropriate element to introduce into this environment. They are a large urban feature whether single or double decker.

I cannot support this application.

3.3 Ecologist: The application site is not covered by any ecological designations and no legally protected species would be affected by the proposals, therefore I have no comments to make on this application.

3.4 Environmental Protection Officer: We have no comments with regard to land contamination at this location apart from making the applicant aware that the responsibility for the safe development and secure occupancy of the site rests with the developer/ applicant.

3.5 Rights of Way Officer: Hampton Gay and Poyle Footpath No 1 crosses the application site but, as described in the PROW Statement, it will not be affected by the proposed development.

However, if consent is granted, I recommend the following conditions relating to construction:

1. Temporary obstructions. No materials, plant, temporary structures or excavations of any kind should be deposited / undertaken on or adjacent to the Public Right of Way that may obstruct or dissuade the public from using the public right of way whilst development takes place. Reason: To ensure the public right of way remains available and convenient for public

use. 2. Route alterations. No changes to the public right of way direction, width, surface, signing or structures shall be made without prior permission approved by the Oxfordshire County Council’s Countryside Access Team or necessary legal process. Reason: To ensure the public right of way remains available and convenient for public use. 3. Vehicle access (construction): No construction / demolition vehicle access may be taken along or across a public right of way without prior permission and appropriate safety/mitigation measures approved by the Countryside Access Team. Any damage to the surface of the public right of way caused by such use will be the responsibility of the applicants or their contractors to put right / make good to a standard required by the Countryside Access Team. Reason: To ensure the public right of way remains available and convenient for public use. I am satisfied that the applicant is aware of his duty to ensure that throughout the construction period no member of the public using Hampton Gay and Poyle FP 1 is endangered, or prevented from exercising their right of way.

However, the applicant will have to correct the error in the PROW Statement as it is Footpath No 1 that crosses the application site, not No 12. Footpath No 12 runs west of Manor Farm.

Oxfordshire County Council Consultees

3.6 Single Response: No comment to date.

Other Consultees

3.7 Environment Agency: We have no objection to the application as submitted, subject to the inclusion of two conditions, detailed under the headings below, to any subsequent planning permission granted.

Without the inclusion of these conditions we consider the development to pose an unacceptable risk to the Environment

Condition 1

The development permitted by this planning permission shall only be carried out in accordance with the approved ‘Sustainable Flood Risk Assessment’ (FRA) submitted as part of this application and the following mitigation measures detailed within the FRA:

• None of the converted buses are to be located within flood zones 2 and 3. • The development area will sign up to receiving flood warnings • The development will not be operational in the event of a flood.

Reason

• To ensure safe access and egress from and to the site. • To reduce the risk of flooding to the proposed development and future occupants.

Condition 2

No development shall take place until a scheme for the provision and management of an 8 metre wide buffer zone alongside the River Cherwell and other water courses on site shall be submitted to and agreed in writing by the local planning authority.

Thereafter the development shall be carried out in accordance with the approved scheme and any subsequent amendments shall be agreed in writing with the local planning authority. The buffer zone scheme shall be free from built development including lighting, domestic gardens and formal landscaping; and could form a vital part of green infrastructure provision. The schemes shall include:

• plans showing the extent and layout of the buffer zone • details of any proposed planting scheme (for example, native species) • details demonstrating how the buffer zone will be protected during development and managed/maintained over the longer term including adequate financial provision and named body responsible for management plus production of detailed management plan

Reason

Development that encroaches on watercourses has a potentially severe impact on their ecological value. Land alongside watercourses is particularly valuable for wildlife and it is essential this is protected.

This condition is supported by the National Planning Policy Framework (NPPF), paragraph 109 which recognises that the planning system should aim to conserve and enhance the natural and local environment by minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government's commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures. The Natural Environment and Rural Communities Act which requires Local Authorities to have regard to nature conservation and article 10 of the Habitats Directive which stresses the importance of natural networks of linked corridors to allow movement of species between suitable habitats, and promote the expansion of biodiversity.

Paragraph 118 of the NPPF also states that opportunities to incorporate biodiversity in and around developments should be encouraged.

Advice to applicant

Under the terms of the Water Resources Act 1991, and the Land Drainage Act 1991, prior written consent of the Environment Agency is required for any proposed works or structures, in, under, over or within 8 metres of the top of the bank of the River Cherwell, designated a ‘main river’.

There is a good opportunity for the developer to create additional habitat at the site. For example, ponds and scrapes.

3.8 Thames Water: WASTE COMMENTS

Thames Water would advise that with regard to sewerage infrastructure capacity, we would not have any objection to the above planning application.

WATER COMMENTS

On the basis of information provided, Thames Water would advise that with regard to water infrastructure capacity, we would not have any objection to the above planning application.

3.9 Inland Waterways Association: Thank you for inviting the IWA to comment on this application for the sitting of camping and caravan buses in land overlooking the River Cherwell at Willowbrook Farm, Hampton Gay. We have not been able to find a map

reference for this site in the application but as far as we can establish it is approximately 51°50.7’ N 1°17.2’W. The water in this section of the river, whilst it is not part of the navigation, is at the same level as the canal between to bottom of Bakers Lock and Shipton Weir Lock which is used as part of the Oxford Canal. The Oxford Canal is a conservation area. The canal is about a quarter of a kilometre to the northwest of the subject site. This section of the canal lies between the diagrams in the appraisal pages 88 and 91. Generally the land to the east of the river is shown in the appraisal as providing positive views from the conservation area. The land of the subject site falls slightly towards the river potentially making it sufficiently visible from the conservation area as to, in the opinion of the association, make the development detrimental to the setting of the conservation area. However there is a hedge on the towpath to the east of the canal which partially screens the subject site. On the site on the east side of the river there are a number of trees and other planting which could be providing adequate screening. The association therefore recommends, in the event of this application being granted, a condition be place on such that requires the applicant to maintain such planning as is present and further that should the existing planning be found to be inadequate a suitable planting scheme be provided and maintained

3.10 Canal and River Trust: After due consideration of the application details, the Canal & River Trust has no comments to make.

3.11 Oxfordshire Ramblers Association: Our main objection to this proposal is that if Planning Permission is granted we feel this will have a strongly negative impact on the scenic appearance of this attractive riverside field which currently many walkers enjoy as they climb the hill on the Public Right of Way, FP237/1. It is a prominent field which can be seen from many angles and from some distance away and from the top there are wide ranging rural views. We would consider it completely inappropriate to allow any static vehicles to be sited there let alone buses which are of significant size: Even worse there will be cars going to and fro and parking by the buses. Not only would the vehicles be unnatural eyesores for walkers where at present there is only green nature but also there is bound to be additional noise and disturbance caused by residents. The access road to Hampton Gay is also narrow and has very little traffic at present but the cars of proposed residents would be a noticeable increase and would have the potential to create passing difficulties and be a nuisance to other road users eg walkers and horse riders. All of these factors seem to amount to an encroaching urbanisation of a quiet rural corner to the disadvantage of current users and residents. Ramblers as an organisation is of course in favour of green initiatives and renewable energy but we feel this proposal is in entirely the wrong place and will result in spoiling people's enjoyment of the countryside.

4. Relevant National and Local Policy and Guidance

4.1 Development Plan Policy

Adopted Cherwell Local Plan (Saved Policies) GB1: Development in the Green Belt GB2: Outdoor Recreation in the Green Belt C7: Landscape Conservation C13: Areas of High Landscape Value

4.2 Other Material Policy and Guidance

National Planning Policy Framework

Cherwell Submission Local Plan 2006 - 2031

The Proposed Submission Local Plan was published for public consultation in August 2012. A further consultation on Proposed Changes to the draft plan was undertaken from March to May 2013. On 7 October 2013, the draft Submission Plan was approved by the Council's Executive. The Plan was presented to Full Council on 21 October 2013 and Full Council endorsed it as the Submission Local Plan. The plan was submitted to the Secretary of State for Communities and Local Government on 31 st January 2014. This Submission Plan supersedes previous stages of the emerging Local Plan.

The following policies are relevant: SLE3: Supporting Tourism Growth ESD13: Local landscape protection and enhancement ESD14: Oxford Green Belt

5. Appraisal

5.1 The key issues for consideration in this application are:

• Appropriateness of the location • Impact on the Green Belt • Impact on the landscape and visual amenities of the area including the setting of the nearby Conservation Area • Impact on highway safety

Appropriateness of the location

5.2 The site is in an isolated location remote from any local service centre with little opportunity for non-recreational trips to be made by foot, cycle or public transport. As such it is considered to be in an unsustainable location and as such is contrary to the guidance contained within the NPPF.

Impact on the Green Belt

5.3 Policy GB1 and GB2 of the adopted Cherwell Local Plan and Policy ESD14 of the Submission Local Plan seek to protect the Green Belt. Development within the Green Belt will only be permitted if it maintains the Green Belt’s openness and does not conflict with the purposes of the Green Belt or harm its visual amenities. The NPPF states that development is harmful to the Green Belt and should not be approved except in very special circumstances. In determining planning application in the Green Belt substantial weight should be given to any harm to the Green Belt. It is considered that the change of use to allow the stationing of camping/caravan buses on this agricultural land along with the associated access equipment and services will have a detrimental impact on the Green Belt, its openness and visual amenities.

Impact on the landscape and visual amenities of the area

5.4 Even though no details have been provided of the precise location of the buses and associated buildings/equipment it is considered that the proposed development will be prominent in the landscape due to the topography of the site. There is a public footpath that crosses the site and the majority of it will be highly visible in the wider landscape. The site is clearly visible in from the Hampton Gay road. The positioning of the buses on the site is also likely to have an urbanising effect on the entire site with its use for recreation/sport etc.

5.5 It is considered that the siting of buses on the land is an inappropriate form of development introducing an urban element into a very rural scene. The site is within an Area of High Landscape Value the character of which Policy C13 seeks to

conserve and enhance. Policy ESD13 of the Submission Local Plan seeks to conserve and enhance the distinctive and highly valued local character of the entire district and states that development will not be permitted if it would:

- Cause undue visual intrusion into the open countryside - Cause undue harm to important natural landscape features and topography - Be inconsistent with local character - Impact on areas judged to have a high level of tranquillity - Harm the setting of settlements, buildings, structures or other landmark features, or - Harm the historic value of the landscape.

It is considered that the proposal would neither conserve nor enhance the AHLV and would result in undue visual intrusion into the open countryside.

5.6 The NPPF states that the intrinsic character and beauty of the countryside should be recognised and that valued landscapes should be protected and enhanced. If the site were to be developed for camping/caravan buses the visual amenities of the landscape would be harmed.

5.7 The Oxford Canal Conservation Area is close to the site. It is considered that the setting of the Conservation Area will be adversely affected by the development when viewed from the northernmost part of the application site.

Impact on highway safety

5.8 The public highway serving Willowbrook Farm and Hampton Gay as well as the junction with Bletchingdon Road is not suitable for any intensification of use. The Hampton Gay road is very narrow, unlit and without footways or any provision for cyclists. The junction with Bletchingdon Road is substandard in terms of visibility and geometry. It is considered therefore that the intensification of use of the local highway network, as a result of traffic generated by the proposed development, would be detrimental to the safety and convenience of highway users.

5.9 Whilst no details of the proposed access have been included within the application it is clear that an existing field gate is to be used to provide access to the site. The line of the access shown on the plans submitted with the application is across an adjoining field and currently is not hardsurfaced. A properly constructed access onto the public highway will be required. This, due to the location of the access close to a bend, may result in improvements to the visibility onto the highway being necessary and adjoining land has not been included in the red line area to facilitate this.

Other issues

5.10 The Council’s Ecologist has stated that the development is unlikely to affect any legally protected species.

5.11 The issues raised concerning disposal of waste/sewage are dealt with under separate legislation.

Engagement 5.12 With regard to the duty set out in paragraphs 186 and 187 of the Framework, the applicant has been advised of the concerns that have arisen during the processing of the application. It is considered that the duty to be positive and proactive has been discharged through the efficient and timely determination of the application.

Conclusion

5.13 To conclude, the proposed development is in an unsustainable location and will result in significant harm to the Green Belt, the visual amenities of the area and the setting of the nearby Conservation Area. It is also considered that the development will have a detrimental impact on highway safety.

6. Recommendation

Refusal, for the following reasons:

1. In the opinion of the Local Planning Authority the proposed development would result in detriment to the rural and landscape character and visual amenities of the area and constitutes inappropriate development in the Oxford Green Belt. The proposal is not sympathetic to the character of the landscape, introducing urban features into a remote and very rural area and will be harmful to the openness of the Oxford Green Belt. It is also considered to adversely affect the setting of the nearby Conservation Area. The development is therefore contrary to Policies GB1, GB2, C7 and C13 of the adopted Cherwell Local Plan, Policies ESD13 and ESD14 of the Submission Local Plan 2006-2031 and Government guidance contained within the National Planning Policy Framework.

2. The proposed development is considered to result in an intensification of the use of the existing substandard local road network to the detriment of the safety and convenience of the users of the highway and the development is in an unsustainable location which would necessitate the use of private vehicles to access the site. As such the proposal is contrary to the guidance contained within the National Planning Policy Framework.

STATEMENT OF ENGAGEMENT In accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No 2) Order 2012 and paragraphs 186 and 187 of the National Planning Policy Framework (March 2012), this decision has been taken by the Council having worked with the applicant/agent in a positive and proactive way as set out in the application report.