Application 6/26/08/111 Grid Ref. 301993 138663 No: Applicant: Mr D Whittington, Croydon Hall Felons Oak, , Location: Croydon Hall, Felons Oak, Minehead, Somerset, TA24 6QT Proposal: Change of use from class C2 (residential institution) to class C1 (hotel). As per additional information 10.2.09. (Full) Introduction: This application was reported to the Planning Committee on 13th January 2009 with a recommendation for approval. At that meeting the Planning committee resolved to defer determination of the application in order to allow further time for officers to investigate and report on traffic implications.

Following this resolution your officers met with Mr Richard Newby, (Traffic Engineer Area) to discuss the concerns raised by members of the committee and the objectors. Having examined the proposal Mr Newby provided the following consultation response:

“I agree with Keith Denner to the extent that if planning permission is granted, staff, guests and suppliers should be dissuaded from using Sandhill Lane to access Croydon Hall. Equally, I would dissuade all traffic leaving the hotel from using the Lodge Rocks Lane route, specifically because of the lack of visibility at the Dragons Cross junction. However, there is currently, a 7.5Tonne weight limit on Lodge Rocks Lane extending via Batallers Lane to the Lower road and the recommended route for vehicles larger than 7.5T requiring access to Roadwater is to take the unclassified road from Washford (Abbey Road).

In 2002, because of repeated damage to properties in by large vehicles unable to gain access via Lodge Rocks Lane, a height limit of 4.0m was placed on the road through Withycombe in the hope that suppliers to, and those transporting products from, the various light industries in Rodhuish, would use smaller vehicles.

This restriction appeared to work for a number of years but of late, the local police have received complaints from the land owner whose property abuts Lodge Rocks Lane, that overweight vehicles are again illegally using that route, causing damage to the hedge banks which are not in the ownership of the Highway Authority.

Following complaints by local industries that the current restrictions were having an adverse effect on the operation of their businesses, a meeting was held in November 2007 of all interested parties (including elected members of the parish, district and county councils and the police) to attempt to resolve the issue once and for all.

It was unanimously agreed at that meeting that the weight limit presently on Lodge Rocks Lane would be retained but that it would be removed from Batallers Lane.

This would permit large vehicles to take the recommended route from

6/26/08/111 03 March 2009 EXMOOR NATIONAL PARK PLANNING COMMITTEE Washford to Roadwater and then travel via Batallers Lane towards Rodhuish and Croydon Hall and to return by that same route. Smaller vehicles would, of course, have the option of leaving the venue via Withycombe.

In order to facilitate the passage of large vehicles along Batallers Lane it was deemed necessary to carry out some road widening at both ends of the lane and improvements have been made at the junction with Lodge Rocks Lane (known as Piano Corner) Further improvements are planned at the junction with the Lower Roadwater road though these are subject to negotiations with the owner of the verge at that point, which are ongoing.

It should be stressed that the revocation of the Batallers Lane section of the Lodge Rocks Lane weight limit is subject to a public consultation and there is likely to be opposition to the proposal from some local residents. The proposal to modify the traffic regulation order will be advertised shortly.”

The result of this consultation was that it was considered an amended Voluntary Routing Arrangement (VRA) would be more beneficial to traffic flows and highway safety. This amended route would direct all HGV traffic to and from Croydon Hall via Washford, to Roadwater then along Battaller’s Lane towards Rodhuish and along Blindwell lane to Croydon Hall. This alternative route has been presented to the applicants and they have amended their originally proposed VRA so that it reflects the VRA proposed by the West Somerset Traffic Engineer.

With regard to motor cars visiting and leaving Croydon Hall the West Somerset Traffic Engineer felt that “staff, guests and suppliers should be dissuaded from using Sandhill Lane to access Croydon Hall. Equally, I would dissuade all traffic leaving the hotel from using the Lodge Rocks Lane route, specifically because of the lack of visibility at the Dragons Cross junction.”

In view of this the proposed VRA would have specific instructions for HGV’s which would direct them towards the Washford junction with the A39 as identified in the route shown above. It would also have specific instructions with regard to motor cars travelling to and from Croydon Hall which would dissuade them from using Sandhill Lane, and also dissuade motor cars leaving Croydon Hall from using the Lodge Rocks Lane route, specifically because of the lack of visibility at the Dragons Cross junction.

The amended route was sent out for consultation on the 10th of February 2009 giving 14 days for responses. At the time of writing this report no responses had been received and therefore any comments received as a result of this consultation exercise will be presented verbally by the Development Control Manager at the Committee meeting.

As a result of the concerns raised by the Planning Committee and objectors on highway safety issues at the January meeting, your officers have requested that Somerset County Council Highways officers attend the

6/26/08/111 03 March 2009 EXMOOR NATIONAL PARK PLANNING COMMITTEE meeting to ensure that any concerns are fully explored. Confirmation has been received that Mr Richard Newby and Mr Jeff Copp will be available to attend the Committee Meeting.

Members will recall that the original recommendation was for approval as there were no Highway safety concerns expressed by Somerset County Councils Environment Directorate. With regard to the amended VRA they have again raised no objections.

In view of the above additional information it is considered that any concerns in relation to the VRA have now been fully addressed and as such there are no sustainable highway safety grounds for refusal.

With regard to the impact of the proposed use on the amenity of nearby dwellings, members will recall that a condition was suggested in relation to restricting the siting of marquees, which read as follows:

“The use of the premises for functions, seminars, parties, conferences, weddings, receptions and/or similar gatherings shall be restricted to within the existing building only and no marquees, tents or other forms of covered accommodation either permanent or temporary shall be erected or installed within the grounds of the hotel without the prior written approval of the Local Planning Authority.”

The committee will remember that officers felt this condition was the same as had been used in similar circumstances by the Authority and that it was considered to be necessary in order to protect the amenity of neighbouring dwellings.

The applicant, having examined this condition and assessed its implications for the business, has requested that the condition be reworded in order to allow greater flexibility with regard to the erection of marquees. As such their agent has suggested the following wording for the condition:

“A marquee may be erected for up to 12 days per year within the grounds of Croydon Hall, from the date of approval. Any additional requirements for erecting a marquee at the property, over and above this figure, should be submitted, in writing, for prior written approval from the National Park Authority, such approval not to be reasonably withheld or delayed.”

The Applicant has also submitted a letter which outlines their reasoning and justification for the rewording of the condition. This letter has been attached to the report for the attention of the Planning Committee.

The proposed amended wording for the condition was also sent out for consultation on the 10th of February 2009 giving 14 days for responses. At the time of writing this report no responses had been received and therefore any comments received as a result of this consultation exercise will be presented verbally by the Development Control Manager at the Committee meeting.

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Having examined the suggested wording it is considered that the original wording of the condition is still the most appropriate to protect the amenity of the nearby residential dwellings and still provide an element of flexibility for the applicant.

Therefore it is not considered that the proposed amended wording for the condition is acceptable and it is recommended that the wording of the original condition be retained.

Members will recall that the original recommendation was that the proposal should be approved subject to the imposition of suitably worded conditions as there were no Highway safety concerns expressed by Somerset County Councils Environment Directorate and the proposed use accorded with local plan Employment Policies.

It is still considered that the proposal accords with the principles of Emloyment Policies E3 and CSF2. With regard to highway safety and the amended Voluntary Routing Arrangement, Somerset County Councils Environment Directorate and the West Somerset Area Traffic Engineer have raised no objections in relation the amended application therefore there are no highway safety grounds to refuse the application.

In view of the above the recommendation is still that the application should be approved for the reasons set out in the original report.

The Previous considerations and recommendations are set out below.

COMMITTEE REPORT

The application site consists if Croydon Hall which is a large house in substantial grounds which currently operates as a 34 bedroom residential education centre with a planning consent under class C2 (Residential Institution).

It is located in open countryside approximately 3km to the south of the A39 between the villages of Washford and in Old Cleve Parish.

There are three routes that cars can take from the A39 i) Lodge Rocks to the east from its junction with the A39 at Dragon Cross ii) Sandrocks Lane and Sandhills Lane to the north iii) Higher Rodhuish Road via Withycombe to Court Place Lane to join the A39 at Withycombe Cross.

The property can also be reached via road links to the south from the B3224. From the public Highway the property is accessed via a long private road which runs south from the junction between Blindwell Lane and Felon’s Oak Lane. This road is also a public footpath and it links with a network of paths

6/26/08/111 03 March 2009 EXMOOR NATIONAL PARK PLANNING COMMITTEE around the house.

Currently the property specialises in Holistic workshops and also serves as a retreat specialising in healing, meditation and health related courses. Facilities for corporate training are also available at the centre, which has function suites in which conferences and seminars for up to 215 delegates can be staged, together with a 60 seat restaurant, a bar and a health suite including a gym and swimming pool.

There is formal parking for 25 cars and informal overflow parking for a further 20 spaces. At present there is no cycle parking at the property. There are currently 12 permanent staff employed with several volunteers at the property. As it stands of the existing 34 bedrooms, four in the annex and one on the main building (5 in total) are used for staff accommodation.

The proposal seeks change of use to C1 (Hotel) and it is not proposed to modify materially the external elements of the hotel as a result of the proposed change of use. However internally the five bedrooms that are currently used by staff who are resident for parts of the week may be modified internally for use by paying guests as part of the change of use, as and when required for paying guests, thus maintaining flexibility for the staff accommodation. These rooms will form part of the 34 total hotel bedrooms proposed as part of this application.

Secure cycle storage arrangements will be made within the existing building arrangements to provide 7 cycle parking spaces. The available car parking would be modified so as to provide a maximum of 34 spaces and one lorry space.

With regard to vehicle access routes to and from the Hotel it is intended as part of the proposal that the hotel would promote a voluntary routing regime for vehicles, whereby guests, staff and suppliers would use the route via Dragon Cross and Lodge Rocks only for entry to the hotel and would use the route via Withycombe and Court Place Lane for entering or leaving the hotel. This routing plan would reduce the likelihood of vehicles associated with the hotel joining the A39 via the junction at Dragon Cross. Use of the route via Sandhills Lane would be discouraged.

Consultee Response: SOMERSET HIGHWAYS: No comment received PARISH COUNCIL: Old Cleeve Parish Council has asked me to write to you to formally request that planning application 6/26/08/111 dated 9/10/08 goes to Committee.

The Parish Council have objected and comment that:

1. We do not agree with this change of use because local people are not happy with the present use of Croydon Hall and cannot see how it can be combined satisfactorily with hotel requirements.

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2. It is felt that there are plenty of local hotels and guest houses already in our parish, citing Dragon House Hotel, Binham Grange, Blue Anchor Hotel, Washford Inn, Valiant Soldier, Ralegh's Cross Inn etc. As well as numerous bed and breakfast accommodation.

3. The PCSO present at the meeting said there is already much difficulty with traffic priority on this minor road and an increase in traffic at this site for deliveries etc will make even more problems.

4. We understand that some local residents have already written with their objections and the Parish Council is going to ask their District Councillors to ensure that this application goes to Committee so that local people and residents can have their say.

5. The Parish Council do not wish this change of use to be allowed. WITHYCOMBE PARISH COUNCIL: Re: Application No 6/26/08/111 – Change of use - class A2 to Class C1 – Croydon Hall, Felons Oak, Minehead, Somerset, TA24 6QT

Whilst Withycombe Parish Council is sympathetic to the aims and intentions of the applicant, Councillors are concerned about the number of errors and omissions within the documentation regarding the road network under discussion.

1. In Appendix 1 it is stated that ‘arriving from the west, there is an alternative route from the A39, along Sandwell Lane, through Withycombe and Rodhuish.’ a. Sandwell Lane does not exist. b. If Sandhill Lane was intended, then using this road would not pass through Withycombe or indeed Rodhuish. c. The author points out that Lodge Rocks and Blindwell Lane are ‘largely single track roads with passing places’ yet makes no reference whatsoever to the fact that exactly the same comment could be applied to the entire length of Sandrocks Lane, Sandhill Lane, the centre of Withycombe, the road running between Lower Rodhuish and Higher Rodhuish Farms and the southern end of Higher Rodhuish Road.

2. In the Transport Statement document (5.6) it is stated that there will be a voluntary routing away from Croydon Hall and through Withycombe. The use ‘of the route via Sandhills Lane would be discouraged.’ Yet in Map C the use of Sandrocks Lane and Sandhill Lane is clearly shown to be the proposed alternative route.

3. The journey between Croydon Hall and Withycombe Cross is stated to take approximately 6.5 minutes. This is an unrealistically short time and creates a false impression. Experienced local drivers would give a longer time than this. The AA gives times of 10 minutes via Higher Rodhuish Road and 9 minutes via Sandrocks Lane. The RAC quotes 9 minutes. All well in excess of the figure given. To achieve a time of 6.5 minutes would need inappropriate speeds, the very thing Withycombe Parish Council is trying so hard to change.

4. The description of Blindwell Lane makes reference to the fact that a section of the road forms part of the Macmillan Way but vehicles could ‘pass pedestrians on this section of road with caution.’ But nowhere in the document is there any reference to the

6/26/08/111 03 March 2009 EXMOOR NATIONAL PARK PLANNING COMMITTEE frequent presence of large numbers of racehorses on Sandrocks Lane, Sandhill Lane, Rattle Row and Mill Street in Withycombe and Higher Rodhuish Road. These racehorses use these roads on a regular and daily basis, frequently in large numbers (up to 20). This omission is a source of great concern for Mr Philip Hobbs of Sandhill Racing Stables. He is one of the 4 top National Hunt trainers in the UK. He trains 112 horses and employs 40 staff. Each will use Sandhill Lane on a daily basis. Groups of up to 20 horses will regularly ride the road circuit around Withycombe and Rodhuish.

5. Finally, a great emphasis seems to have been placed on the exits onto the A39. Whilst there is no dispute that the visibility to the right at both Dragons Cross and Sandhill Lane is not good, the bald statement that visibility to right and left at Withycombe Cross is ‘in accordance with current standards’ takes no account of the speed of traffic along this section of the A39. The map provided in Appendix 2 gives the impression that more accidents have occurred at Sandhill Lane and Dragons Cross than at Withycombe Cross. In 3.13 reference is made to the slight accidents that have occurred but no reference is made to the fatality recorded at Withycombe Cross. And obviously no reference has been made to the other fatalities which occurred on the Withycombe Straight before 1st April 2003. There is no record of the numerous unreported minor accidents, incidents of bad driving and near misses that occur with almost monotonous regularity along this stretch of road. For many years and without any real success, Withycombe Parish Council have been, and continue to be, in discussion with Somerset County Council seeking measures to improve the safety of all road users along this dangerous and very fast stretch of road.

Turning right from Court Place Lane onto the A39 is dangerous.

The application suggests that the proposal will not generate more traffic but if the application for change of use is being made to help maximise usage then it follows that it is hoped all the rooms will be full for more of the time. This will generate more traffic.

The application emphasises the need for more quality country houses in Exmoor National Park. It suggests that more traffic will not be generated because residents, once there, will walk the local footpaths and use the hotel’s facilities i.e. stay there. However, if it is marketed as being in the National Park then one might expect people to come and use it as a base to explore Exmoor. Indeed the application states that the network of lanes which run through the immediate area linking up Withycombe, Rodhuish and Washford also provide access into Exmoor National Park and locations south of the Park. Since the nearest bus stops are some 4.2km and 3.7km away then it might be assumed that cars will certainly be used more i.e. more traffic will be generated.

All the routes from Croydon Hall to Withycombe are used daily by local drivers, horses, farm vehicles and delivery vehicles. None of these drivers would be subject to a one- way system. All the routes have long narrow sections, sharp blind bends and steep gradients. A voluntary one-way system might create a totally inaccurate impression to drivers not familiar with the area, convey a false sense of security and give rise to inappropriate driving.

The ENP Adopted Local Plan (2006) transport policy TR3 states ‘proposed development should not ‘prejudice road safety’. It is the opinion of this Parish Council that this proposed change would seriously prejudice safety on the roads in this parish.

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Policy TR2 states that the capacity of the roads serving the development is adequate for the traffic likely to be generated. In the opinion of this Parish Council they are not.

The Somerset County Council Local Transport Plan identifies ‘safer roads’ as a key objective. In the opinion of this Parish Council increasing the number of vehicles moving onto the A39 at Withycombe Cross would make this stretch of road more unsafe and even more dangerous than it already is.

Withycombe Parish Council asks that this application go before the full Planning Committee. WEST SOMERSET COUNCIL: no comment received SCC - ENVIRONMENT DIRECTORATE: This existing establishment has thirty-four bedrooms but the applicant states that, with the current use, they only have an occupancy rate of thirty-three percent.

It would appear that the present use as a holistic centre offering conference and day/residential courses will continue, as will the likely occupancy by the attendees. The motive for the proposed change of use, now under consideration, is purely to increase the financial viability of this centre by increasing the bedroom occupancy. Whilst this is likely to result in increased traffic on the existing network of substandard lanes leading to the site, in real terms this may not be significant as it could equate to the variation resulting from exceptional events being carried out within the existing land use.

Any increase in traffic to this site is undesirable, but in view of the fact that all the bedrooms to be used in connection with the proposed hotel use already exist, I consider it would in these circumstances be difficult to substantiate a refusal of the application on traffic impact grounds.

In the event that planning permission is granted, I would welcome the suggestion that a voluntary traffic management arrangement is entered into whereby guests, staff and suppliers would only use the route via Dragons Cross and Lodge Rocks for entry to the hotel and any use of Sandhill Lane would be discouraged. AREA RANGER - ENPA: Please find attached a plan from Somerset County Council indicating the location of the recorded public rights of way in the vicinity of this site. As there are public rights of way near the site, care should be taken to avoid obstructing or interfering with the public rights of way. If it is impossible to avoid interference, the appropriate legal steps should be taken in advance of any works.

Somerset County Council add the following comments:

If it is considered that the development would result in any of the outcomes listed below, then authorisation for these works must be sought from Somerset County Council Rights of Way Group.

-A PROW (Public Right of Way) being made less convenient for continued public use. -New furniture being needed along a PROW. -Changes to the surface of a PROW being needed. -Changes to the existing drainage arrangements associated with the PROW.

6/26/08/111 03 March 2009 EXMOOR NATIONAL PARK PLANNING COMMITTEE If the work involved in carrying out this proposed development would -make a PROW less convenient for continued public use (or) -create a hazard to users of a PROW then a temporary closure order will be necessary and a suitable alternative route must be provided. A temporary closure can be obtained from Sarah Hooper on (01823) 483086. SOMERSET HIGHWAYS: No comment received SOMERSET HIGHWAYS: No comment received OLD CLEEVE PARISH COUNCIL: No comment received WITHYCOMBE PARISH COUNCIL: No comment received WEST SOMERSET COUNCIL: No comment received SCC - ENVIRONMENT DIRECTORATE: No comment received AREA RANGER - ENPA: No comment received Public Response: 8 letters of objection 8 other letters In total 16 no letters /emails have been received expressing objection to the proposal on the following grounds:

1. Impact on highway safety. 2. Increased traffic flow on one track roads. 3. Impact of a hotel in terms of noise and disturbance from wedding functions. 4. Traffic generation on a quiet area of Exmoor National Park. 5. Increased delivery vehicles and HGV's. 6. Inaccuracy in the vehicle journey times shown in the Transport Statement. 7. Impact of voluntary routing system on vehicle speeds and highway safety. 8. Requesting that the application be put to the planning committee. 9. Impact on water supplies. 10. Lack of passing places. 11. Lack of detail in Transport Statement in relation to impact of horses on the highway. RELEVANT HISTORY 6/26/01/110 Erection of air dome cover to excavated pool, erection of summerhouse and installation of french window in south east elevation Full Approved 05 October 2001 Same Site 6/26/03/101 Extension to dining room. Erection of poolside amenities building. Conversion of attic into seminar room. Extension to provide staff accommodation as amended by plan 242/12A received 21/2/03. Full Approved 27 February 2003 Same Site 6/26/75/032 The erection of a single Elliot Classroom with toilets Full Approved 10 October 1975 Same Site 6/26/79/026 Use of land for the siting of temporary relocatable classrooms to be used during fire reinstatement at Croydon Hall Special School, Felons

6/26/08/111 03 March 2009 EXMOOR NATIONAL PARK PLANNING COMMITTEE Oak, Washford Full Approved 11 October 1979 Same Site 6/26/79/036 Use of land at Croydon Hall Special School, Croydon Hall, Felons Oak, Washford, as a site for two temporary residential caravans during reinstatement of fire damage Full Approved 10 December 1979 Same Site 6/26/79/036 Use of land at Croydon Hall Special School, Croydon Hall, Felons Oak, Washford, as a site for two temporary residential caravans during reinstatement of fire damage Full Approved 10 December 1979 Same Site 6/26/79/047 Conversion of existing barn to activities room, and the erection of two classrooms and two staff houses with detached garages, and the formation of a vehicular access at Croydon Hall Special School, Washford Outline Approved 07 January 1980 Same Site 6/26/80/035 Conversion of existing barn to activities room, and the erection of two classrooms and two staff houses with detached garages, and the formation of a vehicular access at Croydon Hall Special School, near Washford Reserve Matters Approved 19 January 1981 Same Site 6/26/87/103 Erection of Dwelling Outline Rejected 03 March 1987 Same Site 6/26/89/113 Conversion of outbuilding to dwelling for holiday use. Full Approved 03 October 1989 Same Site 6/26/98/114 Roof lights to the NE & NW elevations Full Approved 18 December 1998 Same Site Most Relevant Development Plan Policies: SOMERSET AND EXMOOR NATIONAL PARK AUTHORITY JOINT STRUCTURE PLAN

STR1 – Sustainable Development Policy 2 – Exmoor National Park Policy 19- Employment and Community Provision in Rural areas Policy 48 - Access and Parking

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EXMOOR NATIONAL PARK LOCAL PLAN E 3 - Safeguarding Existing Employment land and Buildings. CSF 2 - Commercial Community Services and Facilities. CSF 3 - Non - Commercial Community Services and Facilities. TR3 -Traffic and Road Safety Considerations for Development. TR10 - Car and Cycle Parking Provision TR11 - Public Transport, Cycling , Walking and Horse Riding. LNC1 – General National Park Policy CBS12 – New Development Observations: The main planning issues in relation to this application are whether or not the Change of Use to a Hotel is supported by Local Plan Policies and whether the impact on highway safety would be satisfactory.

With regard to the proposed use as a hotel Policy E3 and CSF 2 are relevant. Policy E3 states that the Development proposals that would involve the loss of employment land or buildings will not be permitted except where enhanced employment – generating uses are to be created on the site and the use of the site / building for employment purposes cannot be continued or made viable in the longer term. Policy CSF2 states that proposals for change of use of land or buildings from commercial community services or facilities will not be permitted unless it cannot be continued or be made viable in the longer term. In this instance the application proposes to create a more viable employment use therefore it accords with the principles of both policies through trying to ensure the employment use remains viable.

To support the applicants have produced a viability report which states that “whilst Croydon Hall is internationally recognised centre for Holistic workshops and draws visitors from all over the country and world. In recent years the viability of the centre has declined due to the increase in operating costs and many similar enterprises rely heavily on donations or their associations with religious foundations. Croydon Hall does not and has to stand on its own two feet with a holistic market that unfortunately tends to be low budget.

In order to remain viable, it is essential for those centres that are not operated by religious foundations, to diversify to create a solid platform from which to continue to offer its services. However, in order for Croydon hall to continue to offer its services, it needs to bring in much needed revenue Presently Croydon Hall provides considerable benefits to local businesses and suppliers who trade with, and of the back of, Croydon Hall , this includes suppliers of all the goods and facilities , such as foodstuffs, maintenance firms and fuel businesses . This would be further boosted by allowing the property to operate as a hotel with additional services and facilities potentially required and indirect business generated. In addition it is claimed that the use of the property as a hotel will boost tourism and enhance the local economy generally within the sector. They go on to state that should the change of use to C1 be not granted it is likely that the property will cease to operate as a residential educational institution with the most likely outcome being that it becomes a residential dwelling. The applicant’ agent believes that this proposal reinforces the principles laid out in Policy E3 of the Local Plan which seeks to retain and where feasible, enhance employment generating uses.”

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In view of this it is considered that the proposal does accord with the principles of Policy E3and CSF2 indeed it may be seen as a variation on the present accommodation as such it is considered that the proposed use as a Hotel accords with local plan Policies.

Turning to the impact of the proposal on Highway safety Policy TR3 States that “ Developments that will cause unacceptable levels of traffic in terms of the environmental or physical capacity of the local road network, or would prejudice road safety interests, will not be permitted.

The applicants have submitted a transport assessment for the proposed hotel use which states that the 7 cycle parking spaces will be provided along with 34 car parking spaces and one lorry space. This they content would comply with Policy TR10 of the local plan. The hotel would promote a voluntary routing regime for vehicles whereby guests, staff and supplies would use the route via Dragon Cross and Lodge Rocks only for entry to the hotel and would use the route via Withycombe and Court Place Lane for entering or leaving the hotel. They contend that this routing regime would reduce the likelihood of vehicles associated with the hotel joining the A39 via the junction at Dragons Cross. Use of the route via Sandills Lane would be discouraged. They stress that no routing plan would be in force for guests and staff who can currently use any of the local network for access.

The agent to estimate the potential volume of traffic that could be generated by the proposed hotel, data from the TRICS data base was used to predict traffic which could be generated by similar hotels during the peak hour periods and during a 24 hour period during week day and weekend day.

The conclusion of this assessment was that during any given one hour period , the number of vehicles entering the hotel would be of the order of 10 to 15 trips with a maximum of 21 over one peak hour period . This equates to a vehicle (principally Cars) every 4 to 6 minutes.

They calculate that the journey distance from Dragons Cross to Croydon Hall is 3.7km . At an average speed of 25mph the journey time would be around 5.5 mins. They therefore claim that it is unlikely that a vehicle from an origin other than the hotel would meet more than one car on Lodge Rocks or Blindwell Lane during any given journey on this route.

The report goes on to state that the roads on the route between Croydon Hall and Withycombe Cross are for the most part adequate to accommodate two vehicles passing in opposite directions . The journey time between Croydon Hall and the A39 via this route would be in the order of 6 mins. If as is likely , 50% of the vehicles arriving at the hotel and all of those departing from it were on route via Withycombe there would be approximately 22, two way trips during peak hour periods . This equates to a vehicle every 3 mins in either direction. The distance between Croydon Hall and Withycombe Cross is 4.2km which would take approximately 6.5 mins by car. Thus it is claimed that whilst undertaking this movement in the peak hour it is likely that at most only one other vehicle associated with the hotel would be met travelling in the opposite direction.

The Transport Statement goes on to say that:

6/26/08/111 03 March 2009 EXMOOR NATIONAL PARK PLANNING COMMITTEE “The existing building has a large conference hall which can accommodate up to 150delegates with three additional rooms which can accommodate between 10 and 15 people with an additional separate conference facility which could accommodate up to 50 delegates. These facilities are in addition to the restaurant which can accommodate 60 people and the accommodation for 34. It should be noted that under the current C2 use class consent, education seminars and other educational/health events could be staged at Croydon Hall which could be open to external delegates on a daily basis in addition to those resident at the hotel. Given that use, a trip generation of a similar order to a commercial hotel operating under use class C1 is currently possible.

Whilst the current owners tend not to stage large educational/health based conferences and seminars, under the existing C2 use class consent, the potential peak hour vehicle generation could significantly exceed that which is likely to be generated by operating Croydon Hall as a day to day hotel.

The material change in traffic volume on the roads approaching Croydon Hall, which would result from the proposed change of use would therefore be negligible. Associated with the change of use, the owners are willing to accept a voluntary traffic management scheme which would direct traffic leaving the hotel along the road via Withycombe, which is better suited to accommodate two way traffic. This would potentially benefit other users of these roads, particularly those from the local community and would improve highway safety at the Dragons Cross junction.”

As identified in the consultation response section of this report there have been concerns raised by Parish Councils and local residents in relation to the highway safety implications of this proposal and inaccuracies in the applicants’ application.

In an attempt to address these specific concerns officers have requested that the applicants respond to these concerns.

With regard to Old Cleve Parish council concerns the applicants have made the following comments: Point 1: The lawful use of Croydon Hall is as a residential and educational institution. I am not sure as to why the local residents are ‘not happy with the present use’ but would cite that the current use is lawful and therefore I fail to see the merit of this point as an objection. I would also point out that the present use could indeed be intensified under the current permission without the need for additional planning consents.

Point 2: Old Cleeve Parish Council raised concerns relating to existing tourist accommodation already in the vicinity of Croydon Hall. We would point out that the accommodation highlighted comprise of pubs, inns and small hotels and are in no way comparable to Croydon Hall in size, location and the current facilities they offer. As such we do not believe that it is reasonable to view Croydon Hall under this context.

In response to Withycombe Parish Council concerns applicants have advised as follows:

Para 1 Appendix 1 is a copy of a submission submitted by the Croydon Hall owner simply as a statement to confirm the existing traffic generation from the site. The road description and the proposed traffic routing is contained in the main Transport Statement and not the

6/26/08/111 03 March 2009 EXMOOR NATIONAL PARK PLANNING COMMITTEE submission in appendix 1. The Parish Council has not commented on the road description within the main report text.

Para 2 Map ‘C’ is in appendix 1, the status of which is described above. The proposed routing indicated in appendix 1 is not that which is proposed as part of the application. Paragraph 5.6 of the main report clearly indicates that hotel guests and employees would be discouraged from using a route via Sandhills Lane.

Para 3 This journey was measured in a journey time survey. The journey time constitutes an average speed of between 20mph and 25mph. This is a wholly appropriate average speed for the standard of roads linking Croydon Hall to the A39. A journey time of 9 minutes would constitute an average speed of 17.5mph. Since the journey to the A39 is largely down hill, a cyclist could undertake the journey in that time. It is acknowledged that some journeys may be subject to intermittent hold ups such as manoeuvring agricultural traffic and thus may take longer. For the purpose establishing the likelihood of cars travelling in each direction encountering each other on narrow sections of the route, the assessment in para 6.7 of the Transport Statement is robust.

Para 4 Blindwell Lane is not included in the list of lanes used by race horses. Horses have the same right to use the highway as other users. As such there is a duty to the rider and all other road users to undertake this horse riding in a safe manner which is considerate of all other users. The Highway Code rule 53 specifically advises that horses should be ridden in a single file on narrow or busy roads and when travelling around corners. To ride in one group of 20 horses on the carriageway is plainly not behaving in a responsible or safe manner, neither is it sympathetic to other road users, and neither is it necessary. Such large numbers would be intimidating to pedestrians and cyclists in particular. It would be far more responsible and safe and considerate of other road users for the 20 horses to be on the carriageway in groups of 2 or 3. I am somewhat dismayed that a responsible body such as a Parish Council could support such unsafe and inconsiderate activity as a mass group of 20 horses on the highway at any one time. Notwithstanding this, the Transport Statement makes it clear that it is intended that hotel vehicle traffic would not use Sandrocks Lane, Sandhill Lane or Rattle Row, which are the narrower roads used by horses.

Para 5 The fatality referred to on the A39 occurred in August 2006. It involved a car and a motorcycle travelling south east and a car travelling north west. The two vehicles travelling south east tried to overtake another vehicle at the same time causing the motorcycle to collide with the vehicle travelling north west. The accident did not involve any vehicle making a turning movement either to or from the junction. In the past 5 years there has been only one slight personal injury accident recorded at the junction between Court Place Lane and the A39, and that was in 2003. That accident involved a vehicle turning right from the A39. The Parish Council has submitted no evidence to support the assertion that turning right from Court Place Lane is dangerous

6/26/08/111 03 March 2009 EXMOOR NATIONAL PARK PLANNING COMMITTEE and there is nothing in the data held by Somerset County Council to support that view. The Parish Council suggests that a voluntary routing arrangement might create an inaccurate impression to drivers not familiar with the area giving rise to inappropriate driving. This is little more than an assertion, which is not supported by any evidence. Hotel guests who are unfamiliar with the road network are much more likely to be tentative in their driving and thus more cautious and consequently safer. All users of roads are subject to current legislation and have a duty to use the highway in an appropriate and safe manner within the law.

In relation to the concerns raised on Highway safety members will be aware that the Somerset County Council advised that:

“Any increase in traffic to this site is undesirable, but in view of the fact that all the bedrooms to be used in connection with the proposed hotel use already exist, I consider it would in these circumstances be difficult to substantiate a refusal of the application on traffic impact grounds.

In the event that planning permission is granted, I would welcome the suggestion that a voluntary traffic management arrangement is entered into whereby guests, staff and suppliers would only use the route via Dragons Cross and Lodge Rocks for entry to the hotel and any use of Sandhill Lane would be discouraged.”

In view of the County Councils view that the voluntary traffic management scheme proposed is welcomed and that it would be difficult to substantiate a refusal on traffic impact grounds, it considered that, whilst the concerns of the parish councils and residents are noted, there are no substantive highway safety grounds to refuse the application.

In view of the above it is considered that the proposal complies with policies and is acceptable therefore the application is put forward with a recommendation for approval.

Recommendation: Approve subject to the following conditions 1. 1 Time limit for commencement of development (3 years) 2. The premises shall be used for hotel use and for no other purpose (including any other purpose in Class C1of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification). 3. No floodlights or other forms of external lighting shall be installed on the site without the prior permission, in writing, of the Local Planning Authority. 4. No storage of equipment, goods or materials shall take place within the curtilage of the site other than within the buildings.

6/26/08/111 03 March 2009 EXMOOR NATIONAL PARK PLANNING COMMITTEE 5. No development shall take place until a landscaping scheme including hard surfacing, planting of trees, shrubs, herbaceous plants and areas to be grassed has been submitted to and approved in writing by the Local Planning Authority. The landscaping shall be carried out in the first planting season after commencement of the development, unless agreed otherwise, in writing, by the Local Planning Authority and shall be maintained for a period of 5 years, such maintenance to include the replacement of any trees or shrubs that die. 6. Prior to the commencement of the use hereby permitted a statement of measures for the management of traffic visiting and departing the application site shall be submitted to and be agreed in writing by the Local Planning Authority. Once approved the site shall operate in accordance with the traffic management measures. 7. Before the development hereby permitted is commenced a scheme indicating the on site parking, lorry turning and cycle parking provision shall have been submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be implemented before the development hereby permitted is brought into use. 8. The use of the premises for functions, seminars, parties, conferences, weddings, receptions and/or similar gatherings shall be restricted to within the existing building only and no marquees, tents or other forms of covered accommodation either permanent or temporary shall be erected or installed within the grounds of the hotel without the prior written approval of the Local Planning Authority.

1. In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990, (as amended by the Planning & Compulsory Purchase Act 2004).

2. To restrict the use of the premises in the interests of the amenities of the locality.

3. To protect the amenities of the locality, including the amenities of neighbouring residential properties.

4. For the avoidance of doubt and in the interests of visual amenity.

5. To ensure the provision and maintenance of trees, other plants and grassed areas in the interests of visual amenity.

6, 7. In the interests of highway safety

8. For the avoidance of doubt and to safeguard the amenities of the adjoining occupiers

6/26/08/111 03 March 2009 EXMOOR NATIONAL PARK PLANNING COMMITTEE Notes to Applicant:

MONITORING OF DEVELOPMENT

The applicant/developer is reminded that it is their responsibility to ensure that the requirements of each planning condition are met and that the works are undertaken in accordance with the approved plans. Any failure to meet the terms of a planning condition or work which does not accord with the approved plans leaves the applicant/developer liable to formal action being taken. The National Park Authority endeavours to monitor on site the compliance with conditions and building works. This has benefits for applicants and developers as well as the National Park. To assist with this monitoring of development the applicant/developer is requested to give at least forteen days notice of the commmencement of development to ensure that effective monitoring can be undertaken. The Planning Section can be contacted at Exmoor National Park Authority, Exmoor House, , Somerset, TA22 9HL or by telephone on 01398 323665 or by email [email protected].

CONDITIONS AND INFORMATIVES AND THE SUBMISSION OF FURTHER DETAILS

Please check all the conditions and informatives attached to this Decision Notice. If there are any conditions which require submission of details and/or samples prior to work commencing on site it is vital than these are submitted and agreed in writing by the Local Planning Authority before work starts. Given the High Court’s interpretation of the Planning Acts and their lawful implementation it is unlikely that the Local Planning Authority will be able to agree to a sample/details after the commencement of works if that sample/details should have been approved prior to commencement. If a sample/detail is not agreed as required prior to commencement and works have started then it is likely that this matter may only be able to be rectified by the submission of another application. To avoid delay, inconvenience and the need to submit a further application, please ensure that all appropriate details/samples are submitted and agreed at the specified time.

Please also note that due to other decisions of the High Court it is now not normally possible for the Local Planning Authority to agree to minor amendments to approved applications. It will be necessary to adopt a formal approach and that if changes to approved plans are proposed then it will be necessary to make a new planning application. Please ensure that works comply with the approved plans so as to avoid the possibility that works are unauthorised and liable for enforcement action.

Right of Way If it is considered that the development would result in any of the outcomes listed below, then authorisation for these works must be sought from Somerset County Council Rights of Way Group.

-A PROW being made less convenient for continued public use. -New furniture being needed along a PROW. -Changes to the surface of a PROW being needed.

6/26/08/111 03 March 2009 EXMOOR NATIONAL PARK PLANNING COMMITTEE -Changes to the existing drainage arrangements associated with the PROW.

If the work involved in carrying out this proposed development would -make a PROW less convenient for continued public use (or) -create a hazard to users of a PROW then a temporary closure order will be necessary and a suitable alternative route must be provided. A temporary closure can be obtained from Sarah Hooper on (01823) 483086.

SUMMARY OF REASONS FOR GRANTING PERMISSION.

The development by reason of its impact on local amenity, character, design, archaeology, listed building, conservation area, trees, highway safety and subject to the above conditions, is considered to accord with the policies of the Development Plan (detailed below) and material planning considerations do not indicate otherwise.

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H Croydon R Planning Application Hall The Gatehouse No 6/26/08/111 178.6m D e f Home Cottage Woodside House Planning Application Site

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Planning Application No 6/26/08/111

Planning Application Site

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