APPLICATION NO: WP/17/00971/FUL 11th April 2018

Replacement of existing beach hut

HUT 5, WEST WEARES, PORTLAND

Mr Keith Barnett

Case Officer: Jo Riley FOR DECISION 11th April 2018

1. SUMMARY RECOMMENDATION

1.1 Approve subject to conditions

2. PROPOSAL

2.1 Hut 5 is a timber hut in blue without a small outshot and sits towards the front of the coastal slope within the group of huts at West Weares. The last known planning history for the hut was in 2011 for a ten year permission which does not expire until 2021. The existing hut has a height of 2.1m and footprint of 3.7 by 3.7m including a small outshot. The proposal is to replace this hut with a new timber hut with double glazed windows and GRP roof. The proposal footprint would remain “as existing” but would square off the side by incorporating the outshot into that footprint. There would be shutters and louvres. There is a mix of styles of huts in West Weares, generally in dark colours with the overall appearance of low key huts set within the backdrop of the staggered shrub land.

2.2 The application site is not listed and is not sited within a Conservation Area.

2.4 The application site is situated within an area designated as a Site of Special Scientific Interest (SSSI), an Area of Local Landscape Importance, a Regionally Important Geological Site and forms part of the Heritage Coastline.

2.5 The application site is outside of the defined development boundary (DDB) for Portland.

3. RELEVANT PLANNING HISTORY

3.1 See table below:

Application No. Proposal Decision 11/00973/BHUT Replacement Beach Hut Approved (resubmission) expires 31.11.21 4. POLICY CONSIDERATIONS

WPBC SPG6: Supplementary Planning Guidance Portland Beach Huts (2003).

Para 3.2.1 At West Wears, Church Ope Cove and outside the hut fields at Portland Bill, additional beach huts, extensions to beach huts and the replacement of beach huts with larger structures are unlikely to be appropriate due to the critical landscape, nature conservation and recreational interests in these areas.

Para 3.1.2 - It is important that beach huts retain the appearance of temporary timber built structures without permanent foundations in order to preserve their essential character, enable future siting improvements and avoid the incremental development of inappropriate buildings in these sensitive locations. Likewise, huts should remain as single storey structures without loft storage and should not develop further patio, decking or veranda areas or ‘garden’ enclosures. These would fundamentally alter the character of the huts, the development of outdoor structures or gardens being additionally damaging to nature conservation interests.

A.1.1 The beach huts at West Wears are more or less randomly scattered across the vegetated toe of the boulder strewn scree slope formed from the discarded stone from the C19th working at Tout and other quarries. The difficulties posed by the terrain have prevented the development of consolidated groups or rows or huts. thought most huts are located on hollows or on intermittent terraces. The lack of any common orientation and the exposure of the site to views from the sea, Chiswell Sea Wall, the cliff footpath, the cliff top path and the footpath along he edge of the built development of Underhill would render any extensions extremely prominent in this otherwise open coastal landscape.

West Dorset, Weymouth & Portland Local Plan 2015

In this particular case the following policies from the Local Plan are considered to be relevant.  INT 1 – Presumption in favour of sustainable development  ENV 1 – Landscape, seascape and sites of geological interest  ENV10 - The landscape and townscape setting  ENV 16 – Amenity  ENV12 - The design and positioning of buildings

National Planning Policy Framework (2012) Part 7: Requiring good design Para 56 - The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people. Para 57 - It is important to plan positively for the achievement of high quality and inclusive design for all development, including individual buildings, public and private spaces and wider area development schemes.

Part 11: Conserving and enhancing the natural environment Para 109 - 109. The planning system should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes, geological conservation interests and soils.

Decision taking: Para 186 - Local planning authorities should approach decision-taking in a positive way to foster the delivery of sustainable development. The relationship between decision- taking and plan-making should be seamless, translating plans into high quality development on the ground.

Para 187 - Local planning authorities should look for solutions rather than problems, and decision-takers at every level should seek to approve applications for sustainable development where possible. Local planning authorities should work pro actively with applicants to secure developments that improve the economic, social and environmental conditions of the area.

Managing Coastal Change: Coastal Risk Planning Guidance for West Dorset and Weymouth and Portland (March 2013).

2.5.1 Development Constraints.

Based upon the available data assessed in developing this coastal risk planning guidance, the following constraints on development are recommended along this section of coast:

 No permanent development should occur in the area of risk of erosion along the cliff top or the coastal slope seawards of the defined erosion bands.  Time limited planning consent for a limited range of development is most appropriate within the risk zone.  Any development that does occur will need to be appropriate for the area given the expected timing of future risks and should be limited in its size and extent. Any development should also demonstrate how it will adapt to future coastal change.  The types of development likely to be appropriate in this area are short term holiday lets or camping/caravan sites or facilities associated with tourism and leisure (eg cafes, access, provision etc.) Extensions to existing properties may also be appropriate.  Any time limited planning consent should include re-appraisal periods to enable the consent period to be extended or reduced depending upon the actual rate of coastal change experienced in the future. HUMAN RIGHTS Article 6 - Right to a fair trial. Article 8 - Right to respect for private and family life and home. The first protocol of Article 1 Protection of property

This Recommendation is based on adopted Development Plan policies, the application of which does not prejudice the Human Rights of the applicant or any third party.

Public Sector Equalities Duty (PSED) As set out in the Equalities Act 2010, all public bodies, in discharging their functions must have “due regard” to this duty. There are 3 main aims:- • Removing or minimising disadvantages suffered by people due to their protected characteristics • Taking steps to meet the needs of people with certain protected characteristics where these are different from the needs of other people • Encouraging people with certain protected characteristics to participate in public life or in other activities where participation is disproportionately low. Whilst there is no absolute requirement to fully remove any disadvantage the Duty is to have “regard to” and remove OR minimise disadvantage and in considering the merits of this planning application the planning authority has taken into consideration the requirements of the PSED

5. STATUTORY CONSULTATIONS

5.1 Natural England – No objection, they do, however, recommend that any permission is subject to the following condition: “No additional paving, decking, verandas or permanent garden features shall be laid or erected in the area surrounding the hut.”

5.2 Portland Town Council - Objection. On the grounds that the schemes contravenes planning policies 2.6.1 and 3.1.3 and the emerging Portland Neighbourhood Plan by the proposed hut being higher and having a larger footprint than its predecessor.

5.3 DCC Minerals - The application site lies within the Mineral Safeguarding Area delineated in the Bournemouth, Dorset & Poole Minerals Strategy (adopted 6 May 2014), however it is not considered that the development would pose a serious hindrance to future mineral development in the vicinity and therefore the Mineral Planning Authority has no objection to the proposal.

5.4 Highways - No objection.

6.0 OTHER CONSULTATIONS

6.1 DCP Infrastructure Engineer - Technical Services - No comments received.

7 REPRESENTATIONS 7.1 None received

8 PLANNING ISSUES

8.1 The main planning issues relevant to this application are:

 Principle of development  Design and appearance

8.2 Principle of development – The principle of development, that being the replacement of a beach hut at the existing site, is considered to be acceptable and in accordance with Supplementary Planning Guidance 6. However the changing nature of this area of coastline which is susceptible to storm damage needs to be monitored to assess its changing stability. In the past a ten year period had been granted in order to monitor the beach huts and to ensure that they do not become permanent structures. The Council's Technical Services Manager has in the past recommended that a five year period is more appropriate in this location to review the actual rate of coastal change and given the guidance within Managing Coastal Change and I consider that a permission be subject to a condition to that effect.

8.3 Design and appearance – The overall design and appearance of the hut and the surrounding pathways would remain largely unaltered as part of this planning application. The materials would still be timber and permission is not required to alter the colour at any future date. There is no overall change in footprint and the inclusion of the outshot into the overall design is not considered to adversely affect the character of the hut. The huts at West Weares are low key small scale and this proposal retains that character. The use of double glazing which would be visible when the shutters are opened is not considered to be highly significant from the footpath or the bay as the doors would look towards the west (Underhill school). It is considered that the siting, design, scale, and mass of the replacement hut is in keeping with the surrounding context, which is an area of recreation. A temporary condition limiting its siting for five years is applicable.

9.0 SUMMARY OF ISSUES

9.1 To conclude, as per the reasons in this report, it is considered that the proposal is acceptable in design terms, would be in keeping with the character of the area and would not have a seriously detrimental impact on nature conservation interests at the site.

10 RECOMMENDATION

10.1 Approved subject to the below conditions.

1. The beach hut hereby permitted shall be removed and the land restored to its former condition on or before 6th February 2023 unless a further application for planning permission is approved by the Local Planning Authority prior to that date.

Reason: To enable the condition and appearance of the beach hut and its impact on the surrounding area to be monitored and reassessed, to protect the visual amenity and nature conservation interest of the site, and to review the vulnerability of the site from coastal change, having regard to the National Planning Policy Framework March 2012, policies INT1, ENV1, ENV10, ENV16, ENV12 of the West Dorset and Weymouth and Portland Local Plan and the Portland Beach Huts Supplementary Planning Guidance, Managing Coastal Change 2013.

2. The development hereby permitted shall be retained in accordance with the approved plans.

Reason: For the avoidance of doubt and in the interests of proper planning.

3. The hut shall not be used other than for daytime recreational purposes only, and in particular shall not be used as overnight holiday or permanent residential accommodation.

Reason: The hut is suitable for daytime recreational use only. Residential or holiday occupation of the hut would conflict with Policy INT1, SUS2 of the West Dorset and Weymouth and Portland Local Plan, in view of its location outside the development boundary.

4. No additional paving, decking, verandas or permanent garden features shall be laid or erected in the area surrounding the hut.

Reason: These features would be detrimental to the character of the area and potentially damaging to nature conservation interest, which would be contrary to Policies N13 and N15 of the adopted Weymouth and Portland Local Plan 2005, Policy ENV1 of the West Dorset and Weymouth and Portland Local Plan, and Supplementary Planning Guidance - Portland Beach Huts.

11 BACKGROUND PAPERS

WP/17/00971/FUL