Our ref:- 030221

3 February 2021

Planning Department South Council P O Box 2081 Bristol BS35 9BP

Dear Sir/Madam

ERECTION OF RACING PIGEON LOFT, TEMPORARY RETENTION OF MOBILE HOME AS RURAL WORKER’S DWELLING WITH ASSOCIATED LANDSCAPING AT STOCKLEAZE, LATTERIDGE LANE, BS35 3TF

Please find enclosed a full planning application for the erection of a racing pigeon loft and the temporary retention of a mobile home as a rural worker’s dwelling at the above site. The application includes substantial new landscaping to screen the site.

DESIGN & ACCESS STATEMENT

In 2018 planning permission was granted to change the use of the site from agriculture to a mixed use of equestrian and pigeon keeping (your ref PK18/4702/F). Permission was also granted for the retention of a pigeon loft and the erection of fencing to create an outdoor equestrian arena. The site has not been used for equestrian purposes to date, but this consent remains extant.

The applicant is developing a racing pigeon business to include breeding and one loft races. The mobile home was bought onto the site to support the developing business. An enforcement notice requiring the removal of the mobile home was served last year, without any opportunity for the applicant to demonstrate a need for its retention through the submission of a planning application. The time for making an enforcement appeal is limited and the applicant made the best efforts possible in the time available to put together the information to support the retention of the mobile home to support his rural business. Unfortunately, the appeal was dismissed in August of last year.

However, on careful reading of the Inspector’s decision letter it was clear that the most pertinent factor in dismissing the retention of the mobile home related to a lack of certain information to support the case for an essential need as a rural worker’s dwelling. The Inspector did, however, recognise that breeding and keeping pigeons was more suited to a rural location.

Following the appeal dismissal, the applicant instructed an experienced rural surveyor to visit his property and advise on the prospects of demonstrating an essential need to live on the site. The surveyor was provided with a copy of the appeal decision and asked to ensure the areas of uncertainty and lack of supporting information could be addressed. On assessing the business, the surveyor, Mr Robert Fox, concluded that there was an essential need for a rural worker to live on the site and the applicant instructed him to prepare the necessary explanatory and supporting documentation which now accompanies this application.

2.

Whilst we fully understand that the appeal failed and the enforcement notice to remove the mobile home was upheld, we would very much appreciate the opportunity to pick up on the remarks of the Inspector, in particular the holes he identified in the proposal presented at appeal. Unfortunately, unlike a planning application where there is a level of communication between the planning officer and the applicant, the appeal process does not allow for this. The applicant is fully aware that should the proposal not be supported, following consideration of a professional assessment, he will need to fully comply with the terms of the notice. This application would have been made sooner, however, the Covid lockdowns since the dismissal of the appeal have delayed matters far longer that we would have hoped.

The site is within the Bristol/Bath Green Belt and is situated outside any defined settlement boundary with the nearest village being Latteridge around 1km to the south of the site.

The key planning policy at national level is contained within the revised “National Planning Policy Framework” (NPPF), July 2018. The relevant part of this guidance is paragraph 79 which allows for dwellings in the countryside where there is an essential need for a rural worker. Also of relevance given the site’s location in the Green Belt is Section 13, paragraph 145 which states that the construction of new buildings in the Green Belt is inappropriate with a number of exceptions, which include buildings for agriculture and forestry.

At local level, the development plan comprises of the following relevant documents: Local Plan: Core Strategy (Adopted) 2013; and Policies Sites and Places Plan (Adopted) 2017.

Core Policy CS34 ‘Rural Areas’ seeks to protect rural areas from ‘inappropriate’ development. Policy PSP 41 is also relevant, this deals specifically with dwellings for rural workers. The policy permits dwellings for rural workers where :- a clearly established function need for the dwelling has been proven that cannot be met within the defined settlement boundaries; the need cannot be met by another dwelling in the immediate vicinity; there is evidence that the business has been established for at least 3 years and has been profitable for at least one of those years (in the case of new businesses, where the need and locational requirements have been established, but the permanence cannot be established, consent will be given for temporary accommodation while the business establishes); and the dwelling is well related to the siting of the business. Temporary dwellings would be subject to an occupancy condition. The appellants would be happy to accept a temporary and personal consent.

The enclosed Rural Planning Appraisal concludes that there is an essential and functional need for a rural worker’s dwelling at the site.

It is of note that in recent years a number of rural worker’s dwellings have been permitted by your Authority in the Green Belt in the open countryside. Although we accept that a new dwelling in this location does not fall within the limited exceptions that may be considered appropriate development within the Green Belt and would, therefore, be considered ‘inappropriate’ development, we submit that very special circumstances exist to outweigh any potential harm.

3.

In assessing an application in 2020 for a rural worker’s dwelling ancillary to an equestrian use that was permitted in the Green Belt in (your ref: P20/10922/F) the planning officer stated ‘Policy supports rural workers dwellings in Paragraph 79 of the NPPF and amongst others, PSP41 of local policy. Both of these need to demonstrate an essential and functional need and where this is proven and within the Green Belt, it has been determined in other applications similar to this one that this outweighs any harm’.

The application also includes for the erection of a new pigeon loft to support the existing and growing business. It would be constructed mainly in timber and finished with timber boarding, having a height of 3.2m. It would sit against the existing hedge and would be viewed in conjunction with the existing loft. In assessing the previous application for the existing loft, the planning officer accepted that the erection of new buildings for outdoor sport and recreation can be considered appropriate development in the Green Belt.

In terms of transporting the birds to the site for racing, this is usually carried out by a specialist courier who combines pick ups into as few trips as possible. When the applicant has taken delivery of pigeons in the past the deliveries tend to be early in the morning and as such would have little impact on the local road network. Further detail can be provided if required.

It is proposed as part of this application to provide additional indigenous planting to screen the site, see plan. It is also proposed to re-clad the existing mobile home in a timber finish so it is less visible and erect solid gates at the entrance.

We hope you will feel able to support this application.

Should you require any further information, or wish to discuss the plans, please do not hesitate to contact us.

Yours faithfully

ABIGAIL SNOOK