PLANNING APPLICATION REPORT Case Officer: Jeremy Guise Ward: Bere Ferrers Ward Members: Cllrs M Benson: R Musgrave Application No: 01065/2014 Agent/Applicant: Applicant: Ward and Chowen Mr T Young Mr J Spiers Clamoak Farm Tavistock Livestock Centre Bere Alston Whitchurch Road Yelverton Tavistock Devon Devon PL19 8AA PL20 7BU Site Address: Clamoak Farm, Bere Alston, Yelverton, Devon, PL20 7BU © Crown copyright Scale 1:1250 For internal reference only – no further copies to be made and database rights 2014 Ordnance Survey 100023302 Development: Temporary siting of caravan for an agricultural worker. 13 Reason item is being put before Committee Cllr M Benson (Ward Member, Bere Ferrers) Bere Ferrers Parish Council’s Planning Committee objected to application number 01065/2014 for the temporary siting of a caravan for an agricultural worker at Clamoak Farm, Bere Alston PL20 7BU. Their reason for objection is the location within the area, as it is in their opinion in a prominent position within the conservation area of Weir Quay and would be better located closer to nearby barns and I support that view. Local residents have also raised questions over the sale of a tied cottage that was sold recently within the same location and why another tied property is now required. I would like this application to go before the P&L committee. Recommendation: Conditional planning permission be GRANTED Conditions/Reasons for refusal (list not in full) 1. Time limit 2. Approved plan numbers 3. Materials 4. Details of landscaping 5. Implementation of landscaping Key issues for consideration: - The design and appearance of the proposed extensions, including its impact upon the street scene - The impact of the proposed dwelling upon the amenities of neighbouring residential property - The adequacy of access arrangements and impact upon the highway network The site is located in open countryside where planning permission is not normally granted for new dwellings. Some policy provision exists for exceptions to this general presumption, where is can be demonstrated that strict set of criteria are met. These are set out in H31 and H32. The agricultural justification for the mobile home has been assessed by the council’s agricultural advisor and found to be no essential need for a new agricultural dwelling in this location. As the provisions in policies H31 and H32 are to provide for exceptions to the prevailing policy regime, which is against development in open countryside, is not considered that conditions can be used to overcome a fundamental policy conflict. The proposed mobile unit, by reason of its use, location and lack of essential need, constitutes an unjustified new residential unit in the open countryside and as such is contrary to Development Plan Policies NE10, H31, H32 of the West Devon Borough Council Local Plan Review SP1, SP5 of the adopted core strategy and paragraph 55 of the NPPF. Site Description: Entrance to the site is access to an agricultural filed approximately 40m to the west of where permission for the caravan is being sought. The access is on a slight bend in the road which is narrow at this point. The site is screened behind a Devon bank and not visible from the road. But it does occupy an elevated position in relation to the river Tamar and will be visible from the opposite bank in Cornwall and boats using the river. 14 The Proposal: Planning permission is sought for a mobile home for an agricultural worker for a temporary period of 3 years. Beyond a square shaped plot with a rectangular shaped indication of a position for ‘mobile home’ the application does not provide details of appearance The proposed dwelling is shown with a new access onto the farm track, to the north of the existing track for the recently completed farm building, which is located immediately to the north east. The applicant has submitted n ‘Agricultural Appraisal’ with the application. Section 10 covers ‘The Justification for a temporary Dwelling’, it states:- ‘The Standard Labour Requirement as calculated in Appendix B demonstrates that the business is viable and requires a full time person living on the site. The business has been established for at least five years and during which time has developed in such a way that it is now capable of providing a reasonable living for Mr Hillson The planning application is for a temporary dwelling ; temporary, because Mr. Hill son has ambitions to climb up the farming ladder, and when the time is right will seek an agricultural tenancy on a much larger unit with a house. The farm did have a tied agricultural workers dwelling, but this was retained by the previous owner, who was able to have the tie lifted and subsequently sold the property for a price way above that which one could justify paying for a farm workers cottage . The proposed dwelling will be sited near the original farm workers cottage, as both water and an electrical supply area to hand. In order to reduce any visual impact , bearing in mind the scenic importance of the area, the dwelling will be placed behind a hedge and will be further concealed by a new planting of low trees and shrubs.’ In order to better assess the proposal against Policy H31 (iii) and (iv) the case officer asked applicants to provide a detailed rationale for the choice of site. Ward & Chowen, the applicant’s agent, set out in an undated letter (received early November) their response. They point out that the application is for a temporary dwelling not a caravan and emphasises that it is not for a permanent. They go one to state that the site has been chosen because there is an existing gateway entrance close by and there would be no issues in providing mains electricity and water services, with no external poles. The letter points out that if the temporary dwelling was located closer to farm building there would be an additional £25,000 cost from poles over 400m to connect electricity, visual intrusion and unknown costs connecting to mains water supply. Consultations: County Highways Authority: - No objection to the proposed development. The outcome of this proposal will depend on whether or not the mobile home can be justified through the agricultural appraisal process. 15 Bere Ferrers Parish Council: – Object – on the grounds of the location, there are more suitable locations within the area. It was proposed that the siting should be closer to buildings already on the site. Also there should be an Agricultural tie to Mr Hilson and that tie should expire when Mr Hilson vacates the property and the said property removed. A vote was taken 4 for and 2 abstentions. Tamar Valley AONB: - As per our telephone conversation of a couple of weeks ago (03/10/14) I can confirm the following as being the Tamar Valley AONB (TVAONB) comments in response to this planning application. 1. It is acknowledged that the provisions of paragraph 55. of the NPPF make allowance for justified dwellings within the open countryside where they are justified. I understand that you are having the application assessed by the WDBC appointed agricultural assessor Derek Roberts. It will be the result of that assessment and your consideration of the material planning matters that will determine whether the applicant has justified the need for a dwelling in this location and whether this should be subject to a temporary period of consent or not. 2. Should the LPA be in any doubt as to the justifications for the dwelling or that it could be accommodated in another way then it would ultimately be refused on principle as well as any additional matters such as visual impact, location, design, etc. 3. Subject to the application being deemed to provide such justification then the TVAONB would suggest that the location of the dwelling is prominent when viewed from the wider landscape, inclusive of the well-used river corridor and Cornwall. Given the above, it is suggested that an alternate siting for a modest dwelling should be sought in preference to this one. I do not believe that the current siting could have the visual impacts of a dwelling mitigated by landscaping, as it would likely still be prominent in the autumn/ winter months and the substantive nature of such landscaping may in itself be an alien feature within the field pattern. As I mentioned in my previous conversation with you (03/10/14) I was uncertain as to whether it might be within the applicant's control to site the proposed dwelling closer to the agricultural buildings situated to the east of the site that sit adjacent to the line of pylons running north-south. It is possible that a dwelling in closer proximity to these existing buildings would then be less visually prominent and possibly better located in functional terms, if the applicant uses the buildings. The TVAONB is happy to review any alternative siting or landscaping as may be proposed and offer further comments/advice as necessary. Agricultural Appraiser: - The Council’s agricultural appraiser was required to assess commercially sensitive information, provided by the applicant and her agricultural advisor against the provisions of adopted policies. Inevitably his report includes detailed information that has been provided on a confidential basis, and can not be reproduced in a public report to Planning & Licensing Committee. What follows, in the box is a redacted version of the Council’s agricultural appraiser’s report. A full version has been made available to Planning & Licensing Committee members on a confidential basis. 16 I visited Clamoak Farm on 2nd October 2014. I met the applicant and his tenant of Clamoak Farm, Mr George Hillson, who is Mr Young’s grandson.