WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 24 MAY 2011 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA WARD: Drewsteignton (Cllr P Ridgers) APPLICATION NO: 01257/2011 LOCATION: North Beer Farm, Spreyton, Crediton, EX17 5AP APPLICANT NAME: Mr F Hawkins APPLICATION: Full PARISH: Spreyton GRID REF: 270013 97810 PROPOSAL: Erection of agricultural workers dwelling CASE OFFICER: Laura Batham TARGET DATE: 13/04/2011 This application is before Committee at the request of Cllr Ridgers for the following reasons: ‘Sustainability – the concern that the businesses may not be sustainable without additional family members on site. The margins are currently very tight in farming and casual staff cannot be viably employed. There is currently a lot of distress in farming as on-costs are rising but costs for the end materials remain flat. As member of a very rural area, I am supportive of applications that enable our main industry, farming, to continue and thrive.’ PROPOSAL Full application for an agricultural workers dwelling. SITE AND SURROUNDINGS North Beer Farm is located to the north of Spreyton in an isolated, rural location. The application site is to the south west of the farm complex. Access to the site would be from an existing lane access serving the main farm. The site has a Devon hedge bank along the south and west elevations and surrounding the entire plot is an existing hedge. CONSULTATIONS Spreyton Parish Council: Neutral view County Highways Authority: Inadequate approach roads and unsustainable location but not overriding if agricultural need is satisfied. Environment Agency: No comments received Natural England: No comments received Local Residents/Interested Parties: Two letters of support were received period outlining the following points: 18 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 24 MAY 2011 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA - Prompt care is essential for continued welfare of calves. - Lambing is an intense period requiring onsite attendance 24/7 to minimise health and welfare problems. - Delayed inspections and treatments will compromise calf welfare causing increase in mortality. - It is not a 9 - 5 job. - Signs of illness can only be spotted quickly by regular on site attention. A letter from Mel Stride MP on behalf of the applicants was also received requesting that the council be aware of Mrs Hawkins’ concerns and that they be taken into account. PLANNING HISTORY 01055/2010 Application for the erection of agricultural workers dwelling. Application withdrawn 17/01/11 (recommendation for refusal). 14658/000 Two storey extension for a living room and one bedroom. Conditional consent. 18/07/96 POLICY FRAMEWORK PPS7 Sustainable Development in Rural Areas PPS1 Delivering Sustainable Development Structure Plan 2001 - 2016 Policies CO6 Quality of development TR1 Devon Travel Strategy ST1 Sustainable Development Local Plan Review Policies H31 Residential Development in the Countryside H33 Residential Development in the Countryside H34 Residential Development in the Countryside NE10 Protection of the wider countryside and other open spaces SP20 Promoting High Quality Design T9 The Higway Network ASSESSMENT The application is for a new agricultural workers dwelling. This application is a re- submission following the withdrawal of a previous application in January 2011. The proposed site is in the open countryside, outside the defined settlement limits, therefore, the application would need to satisfy Annex A of Planning Policy Statement 7 and Policy H31 of the Adopted Local Plan. The policies state that written independent evidence should be supplied to show the need for a new dwelling. Financial information and an agricultural assessment were submitted during the application process. The assessment carried out for the applicant is not dated but 19 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 24 MAY 2011 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA refers to financial information for 2010 which would indicate a recent assessment. This information was independently assessed by Mr D Roberts under the previous application and a report assessing the information provided. Following the re- submission of the information Mr Roberts assessed the information again and provided an additional report and asked that this original appraisal dated 10th December 2010 be accepted again for this resubmitted application. There are two dwellings located at the farm – the farm house and cottage. The farmhouse is occupied by the applicants; the cottage was severed from the holding in 2003 and is occupied by the applicant’s mother. In addition there is a third dwelling; Combe Bungalow, which does not have an agricultural tie but is within the holding. This dwelling owned by the applicants and occupied by a relative of the applicants. This dwelling cannot be let to Mr D Hawkins due to an existing tenancy agreement. Therefore this current application would be for a fourth dwelling on North Beer Farm. Functional Tests Annex A of PPS7 states that the need for a new dwelling will depend on the needs of the enterprise concerned and not the personal preferences or circumstances of the individuals involved. North Beer Farm consists of 183 ha. The typical amount of cattle on the farm at any one time is 20 suckler cows, 200 finishing cattle 12-24 months of age and 200 calves and young cattle up to 12 months of age. There is also a sheep enterprise based on breeding ewes which currently numbers 400 but which is normally 350. The assessment provided by Mr Ellam suggests that Mr D Hawkins needs to be resident on site for general routine husbandry and supervision throughout the day and night. The report also states that an additional dwelling is required to satisfactorily discharge his duties; however, it is understood that Mr D Hawkins is already resident at the holding in the main farmhouse. The determination of this proposal should pay high regard to whether the additional worker needs to be resident on the holding. The independent assessment carried out by Mr Roberts suggests that as there is already a worker resident on the holding it is not necessary for a second to be also resident on the holding. Of the 400+ cattle on the farm at any one time the majority are store and fattening cattle, the management and welfare of which do not require more than one person to be readily available at most times day and night. The number of occasions during unsocial and night-time hours when these cattle would require more than one person to be on hand would be very infrequent and not to the extent that two workers would need to be resident on the farm. With regards to the 20 sucker cows, with just 20 cows, the frequency of night time calvings and other incidents requiring two people to be in attendance would not be great. 20 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 24 MAY 2011 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA Mr F Hawkins is already within sight and sound of the farm to deal with any emergencies. It was identified by Mr Roberts that during the lambing season for approximately one month it may be necessary for a second worker to be resident on site. However, this does not give a justification for a new dwelling on site as a second worker could be housed temporarily within the existing properties on site. The applicants state that: ‘Daniel is nearly 25 and in a relationship we are thinking ahead, we don’t know when he will want to settle down, it could be next year or in 3 years … … By getting the planning now we have I believe, 3 years to start the house so with Daniel not having any desperate plans to live out of the family home at least we are planning for the day when he will’ (My emphasis). It is clear from this statement that the need as highlighted by the applicants is addressing the future needs of the family and not the current needs of the holding. Annexe A of PPS7 advises that ‘new permanent dwellings should only be allowed… ... providing (inter alia) there is a clearly established existing functional need’. It also advises that the need for an additional dwelling must be based upon the needs of the enterprise and not the personal preferences or circumstances of any individuals involved. The information submitted and assessed by the Independent agricultural assessor identifies that there is not a current functional need for another dwelling on the holding. Financial Test It is the independent assessor’s opinion that the accounts supplied by the applicant for the previous three years up to 31st March 2010 satisfy the financial test of Annexe A of PPS7. The farm has been consistently profitable, financially sound and has every prospect of remaining so. Other available housing The report from Mr Ellam suggests that the properties in the surrounding area are available at premium prices, outside the reach of an agricultural worker. However, there are settlements within reach of the farm including Spreyton, North Tawton and Whiddon Down. It has not been demonstrated that there are no suitable dwellings available in the area. In addition there has been recently approved a development of houses in Spreyton which includes affordable smaller houses and is in the process of being built. Mr D Hawkins would need to apply for these properties through a housing association. Mr Ellam has stated that in his opinion there is a need for Mr D Hawkins to be resident on site and therefore the affordability of dwellings in the vicinity is not relevant. It remains that the functional requirement for someone to be resident on the holding has not been met and therefore properties in the area could be considered. 21 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 24 MAY 2011 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA Design If the assessment had identified that this proposal satisfied both the functional and financial tests the proposed new dwelling would need to be commensurate with the needs of the holding.