Agenda item

Change of use of the existing site to a Holiday Park. Demolition of the existing kennels to facilitate the erection of six chalets alongside the conversion of three existing buildings to holiday let units. Provision for off-street parking for 12 vehicles, soft landscaping and refuse facilities

The report before members sought planning application for the demolition of the existing kennels, cattery, office, and various out buildings and the change of use of the site to a small holiday park, comprising 9 accommodation units, along with associated landscaping, surfacing, and other works.

In accordance with the public speaking arrangements, the Committee was addressed by an objector with a response from the applicant.

With it agreement, Councillor Linda Van den Hende addressed the Committee.

Councillor Van den Hende commented that the application site was on Green Belt land and that the proposal was detrimental to the adjacent occupiers.

Councillor Van den Hende also made reference to an assessment made by the Environment Agency that explained that the application site was at risk from flooding.

Councillor Van den Hende asked that consideration be given to additional conditions covering noise, lighting and the possible prevention of risk from fireworks.

Councillor Van den Hende asked that the Committee reject the application as it was felt that the proposal was an inappropriate development within the Green Belt.

Following a question, officers clarified that they had seen no evidence of the assessment by the Environment Agency confirming that the application site was at danger from the risk of flooding. Officers confirmed that if the Environment Agency submitted an objection to the proposal on the grounds of possible flooding then the scheme would be remitted back to the Committee for consideration.

During the debate members discussed the possible operating months of the holiday park and parking provision on the site.

Following a motion to limit the operating months of the proposal to eight months of the year, that motion was lost by six votes to five. A further motion was put forward for the operating months of the proposal to be extended to nine months of the year. This motion was carried by 10 votes to 0 with 1 abstention. Councillor Barry Tebbutt abstained from voting.

It was RESOLVED that subject to the Environment Agency having no objections on flood risk grounds(if such objection was received the proposal would be remitted to the Committee for further consideration), that the proposal was unacceptable as it stood but would be acceptable subject to the applicant entering into a Section 106 Legal Agreement under the Town and Country Planning Act 1990 (as amended), to secure the following obligation:

•           That the proposed holiday accommodation comprising 9 units be used solely as holiday lets and for no other purpose and that the seasonal occupation as holiday lettings is restricted to 9 months in any calendar year the precise dates of the restrictions shall be agreed or in default of agreement set by the Council

•           That the applicant/owner of the application site agrees that on the issue of the Decision Notice pursuant to the Planning Application (Reference P0030.13) the following Certificates of Existing Lawful Use or Development (Certificates) granted under Section 191 of the Town and Country Planning Act 1990 (as amended) have no further legal effect in respect of the unrestricted use of accommodation units existing on site for unrestricted residential use. For the avoidance of doubt from the issue of the Decision Notice the units subject to the following Certificates shall no longer be used lawfully for unrestricted residential use:-

1.         Certificate Reference E0014.00 issued on 29th August 2002;

2.         Certificate reference E0012.11 issued on 6th March 2012; and

3.         Certificate reference E0022.12 issued on 8th March 2013.

•           The Council’s reasonable legal fees shall be paid prior to completion of the agreement and if for any reason the agreement is not completed the Council’s reasonable legal fees shall be paid in full;

•           The Council’s planning obligation monitoring fees shall be paid prior to completion of the agreement.

That staff be delegated to secure adjustments to the Section 106 agreement to include:

(A) Section 106 to incorporate along with the obligations above:      

a) 9 month season only (the dates to be agreed with the applicant and in default of agreement set by the Council)

b) No caravans on site

c) No tents on site

d) Site management strategy including to control disturbance

e) BBQ’s on hardstands

f) Identification of unit for security and management – not to be used independently but tied to the holiday letting use

g) People engaged in any site maintenance not to live on site at any time.

h) Phasing and completion strategy prior to use (to prevent any development being a hybrid of part existing/part new use)

(B) Conditions:

-           No storage unless incidental to enjoyment of holiday lets

-           No parking and/or storage of commercial vehicles or plant

-           Provision for disabled parking

The vote for the resolution was carried by 10 votes to 0 with 1 abstention. Councillor Barry Tebbutt abstained from voting.