Agenda Item 7 (e) REPORTS FOR DEBATE Eden District Council Planning Applications Committee Agenda Committee Date: 20 August 2009 INDEX Application Item Page Applicant’s Name Location Number Number Number 09/0133 Mr G Martin Greenhollows Country Park, 1 3 Southwaite, Carlisle 09/0189 Lyon Property Blencow Quarry, Newbiggin, Penrith 2 15 Investments Ltd 09/0190 Lyon Property Blencow Quarry, Newbiggin, Penrith 3 31 Investments Ltd Residential development, land at 09/0279 R McManus Elm House, High Hesket 4 68 09/0390 Executors of Vernan Birchfield, Greens Lane, Great 5 77 Douglas Clarke Salkeld 09/0255 Bonds Precision Potters Lonning, Alston 6 82 Products 09/0256 Booths (Penrith) Ltd Former Rickerby‟s and Bowmans 7 88 premises, Brunswick Road, Penrith 09/0394 Alba Transport Quarry Garage, Stainton 8 100 09/0483 Mr P Cowperthwaite Plots 7 and 8, Horse and Farrier 9 105 Courtyard, Kirkby Thore 09/0523 Mr M Davidson Removal of Planning Condition 3 of 10 111 Planning Consent 07/0914 1 Agenda Item 7 (e) REPORTS FOR DEBATE 2 Agenda Item 7 (e) REPORTS FOR DEBATE Item No 1 Eden District Council Planning Applications Committee 20 August 2009 Planning Application No: 09/0133 Retrospective planning application for change of use of land to the siting of caravans (park homes), subject to S106 Agreement allowing existing named residents only to fully occupy their caravans for their duration and thereafter caravans to be used for holiday accommodation Greenhollows Country Park, Southwaite, Carlisle for Mr G Martin Director of Technical Services Site Plan: 3 Agenda Item 7 (e) REPORTS FOR DEBATE 1 Purpose of Report 1.1 This application is before Members because of the sensitive nature of any decision and because the recommendation is contrary to the development plan. Notwithstanding the Officer recommendation the report seeks Members consideration of: A proposed S106 legal agreement in respect of the future use of Greenhollows Country Park. Documentation of private meetings undertaken by Officers with existing residents in which personal circumstances are disclosed (see confidential pink papers). 1.2 The proposed S106 Agreement would provide a resolution of the existing unauthorised residential use by allowing current occupiers to remain in residence but that this residential occupation ceases when these occupiers leave. Members are requested to consider if this suggested resolution, and the personal circumstances of the residents, outweigh the planning objections to the development. Given the sensitive nature of the information provided from residents, it is requested that Committee considers residents‟ personal circumstances in private. 2 Recommendation: It is recommended that planning permission be granted subject to the proposed Section 106 Legal Agreement. 3 Report Details 3.1 Proposed Development: 3.1.1 The application seeks planning permission for the stationing of 14 caravans for holiday occupancy. The site however has been used for full time occupancy caravans for over 5 years without the benefit of planning permission. The application seeks to regularise the position by attaching an Agreement under Section 106 of the Town and Country Planning Act to any permission which might be granted. The Agreement has the effect of allowing the existing residents to remain on site but for each caravan to revert to holiday use once their occupancy ceases. A copy of the second and third schedules to the proposed Agreement is attached (Appendix 1). 3.2 Description of the Site and the Surroundings: 3.2.1 The site part of a larger development of the land as a caravan site. The area was former gravel workings and is located on the boundary of the District with Carlisle City Council. The site lies at the junction of the minor Hutton in the Forest to Carlisle road with the Gaitsgill to Wreay road. At this junction, but within the Carlisle district, is the “Crown Inn” public house. The caravan park is set back from the Hutton in the Forest road but abuts the Wreay road. 3.2.2 The caravan site, as a whole, is generally only intermittingly viewed from surrounding highways by extant and new planting. The local landscape is agricultural in character with fields enclosed by hedgerow planting and occasional blocks of woodland. On the application site, the caravans sited are all in the form of park homes. They have the accoutrements of domesticity and the site has clearly become residential in character. 3.3 Relevant Planning History: 4 Agenda Item 7 (e) REPORTS FOR DEBATE 3.3.1 The site as a whole has a long history but for the purposes of the consideration of this application the matters of relevance are as follows: 96/084 - permission to change 15 residential and 10 holiday sites to lead to adjustment of site licence, granted November 1997 subject to a S106 Legal Agreement. The proposal on the original site was in effect part retrospective since at the time a total of 4 caravans were occupied in breach on a permanent occupancy basis. On this occasion the material benefits of a Section 106 Agreement which precluded the implementation of a separate permission for 27 touring caravans were considered as an exception to the development plan. 02/0731 - permission for 15 static caravans and 5 chalets granted in October 2002 subject to conditions which required the submission of details in respect of landscaping and drainage before development commenced and a restriction on the occupancy of the caravans to holiday use. 04/0581 - permission for a revised scheme for twin unit caravans approved in September 2004 which again required the submission of details of landscaping and agreement to the colours of caravans before commencement of the development, and the restriction to holiday use of the caravans. 3.3.2 The conditions attached to these permissions were not complied with and the Council subsequently undertook enforcement action in January 2008 as authorised by Committee in an attempt to remedy the matter. Appeals were lodged against an Enforcement Notice and although technical flaws were found in the wording of the Notice resulting in the Notice being confirmed as a nullity, the Inspector found in favour of the Council in respect to the lawful development ground of appeal. It was confirmed that there is no lawful planning permission for caravans at the application site and, in any event, any past permission granted at the site was for holiday accommodation only and did not allow permanent residence. 3.3.3 The Council served fresh enforcement notices against the unauthorised siting and occupation of the caravans as the occupants‟ sole or main residence in November 2008. The notice required the owners/occupiers to cease using the land as a caravan site for the siting of caravans for residential use and to remove all caravans and associated domestic paraphernalia from the land. An enforcement appeal was submitted against this notice and remains extant. Amongst other things, the site owner has appealed that planning permission should be granted for the unauthorised development. The appeal is currently to be determined by the written representations procedure. 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was publicised by the posting of a site notice and letters of notification. No responses have been received. 3.5 Parish Response: 3.5.1 None received. 3.6 Consultation Responses: 3.6.1 Highways Authority: No objection. 3.7 Main Planning Issues Raised: 3.7.1 Whether the site is appropriate for holiday accommodation. 5 Agenda Item 7 (e) REPORTS FOR DEBATE 3.7.2 Whether allowing by agreement the continued occupancy of the caravans for full time residential use is appropriate in this location with regard to the sustainability of the site, the impact on the Council‟s consideration of other similar matters on other such sites within the District, and the personal circumstances of the residents. 3.8 Planning Assessment: 3.8.1 The site is located in a rural area of the District unrelated to any settlement offering a range of amenities or facilities. It is primarily accessible by car although the circular bus service 620 (Carlisle - Caldbeck - Durdar - Carlisle) has started passing the site once weekly. 3.8.2 Planning policy, at both local and national level requires development to comply, in its location, with sustainable principles. This is especially so in rural areas. Existing and emerging policies directs the majority of new residential development to four key towns and then to local service centres. To protect the open countryside, policies are designed to impose strict control on development unless it can be shown that the need for such development outweighs the impact on the countryside. 3.8.3 The past requirements for this site were that it should be used for holiday purposes only given its remote rural location where permanent occupancy would conflict with established policies in respect of development in the countryside. While the caravan site as a whole has been established for a number of years, and its extension into this area was not considered objectionable for holiday purposes, its use by permanent residents would place demands on services that would not normally arise from holiday visitors. In this respect it is accepted that as people grow older the demands on health and other social services are likely to increase thus placing further demand on those services. The general thrust of policy in respect of the provision of permanent residential uses addresses this issue by directing such accommodation to those locations where such provision can be more economically provided for the greatest number of people. Furthermore, the site is well located for tourist purpose being within travel distance of Carlisle and the north Pennines and the north of this District where tourism accommodation remains limited.