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AL1 S16/2065 Target Decision Date:31st October 2016Committee Date:13th December 2016

Applicant Lincolnshire Parks Limited C/O Agent Agent Mark Southerton Springfield Gawtersyke Lane Kirkbymoorside

North YorkshireProposal Section 73 application for variation of Conditions 2 (purpose of

occupation) and 3 (non residential use) of S15/0737 to allow up to five static caravans to be occupied as main places of residence.

Location The Whistle Stop Main Road Tallington Stamford Lincolnshire PE9 4RN

Application Type Full Planning PermissionParish(es) Tallington Parish Council

Reason for Referral to Committee

At the request of Cllr. Adam Stokes. Development considered to be modest in scale and thus being in accordance with Policy H1 and would not place additional pressure on the local infrastructure (in accordance with Policy H4).

Recommendation That the application is:- Refused

Key Issues

Compliance with relevant local and national policies. Impact on the character of the area.

Technical Documents Submitted with the Application

No technical documents were submitted with the application.

Enquires about this report to: Abiola Labisi Area Planning Officer 6632 a.labisi@southkesteven.gov.uk

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1.0 Description of site and application

1.1 The roughly trapezoidal shaped site is located outside the main built up part of Tallington, along the Stamford - Deeping Road. The site is adjoined to the west by the main London rail line and to the front of the site is The Whistle Stop, a two storey building trading as a public house.

1.2 Permission was granted for the use of the site as a touring caravan site under planning ref. SK.95/0789/75/32 on 21/11/1995. The permission has been implemented. Five touring caravans were observed to be on site when a site visit was conducted. Other than the requirement that the site be used as a touring caravan site only, the permission did not specify the maximum number of caravans to be placed on site. A Site Licence for the use of the site as a caravan site has been issued by the Environmental Health and Licensing Unit of the Council which restricts the number of touring caravans not to exceed 18 in number and requires the site to comply with the licence conditions for touring caravan sites. One of these conditions states that no touring caravans shall remain on the site for a period exceeding 28 days.

1.3 More recently, planning permission was granted under S15/0737 for variation of Condition 4 of SK.95/0789/75/32 allowing ten static holiday caravans to be installed on site, subject to conditions. Condition 6 states that the site shall be used as a static holiday caravan site for 10 units only. The permission has not been implemented but remains within the time period for implementation. Should this permission be implemented, then the site shall become a static caravan site by virtue of Condition 6 with no provision for touring caravans.

1.4 The current application relates to a Section 73 variation of Conditions 2 (purpose of occupation) and 3 (non-permanent residential use) of S15/0737.

1.4.1 Condition 2 states that:

'The caravans shall be occupied for holiday purposes only.

Reason: To ensure that approved holiday accommodation is not used for unauthorised permanent residential accommodation.'

1.4.2 Condition 3 states that:

'The caravans shall not be occupied as a person's sole, or main place of residence.

Reason: To ensure that approved holiday accommodation is not used for unauthorised permanent residential accommodation.'

1.5 The current application is to permit the occupation of up to five of the ten static caravans approved under S15/0737 on a permanent basis.

1.6 The applicant's agent has stated that the site has been in use as permanent places of residence for many years and that the application has been submitted as the applicant is endeavouring to meet the needs of residents by allowing for a similar number of caravans to remain in residential use, which has been the case for many years. The permanent use of the touring caravans has not been proven either as part of the application or through a Certificate of Lawful Use. Environmental Protection officers have advised that their records do not show that the site is occupied on a permanent basis as they have on a number of occasions conducted site visits which revealed that there was no one living permanently on site.

1.7 Additionally, the applicant has submitted that 'Clause 124' of the Housing and Planning Act 2016 is relevant to the application. The Clause provides that local housing authorities should consider the needs of people residing in or resorting to their district with respect to the provision of- (a) sites on which caravans can be stationed..." This clause places a duty on the Council in relation to the periodic review of housing needs but in any case, the clause has not yet been enacted

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through relevant regulations and accordingly, not much weight can be assigned to the clause as a material consideration in this instance.

2.0 Planning history

SK.95/0789/75/32 - Permission granted on 21/11/1995 for change of use of land to rear of Public House to touring caravan site, subject to conditions.

S15/0737 - Permission granted on 07/07/2015 for variation of condition 4 of SK.95/0789/75/32 to allow for 10 static holiday caravan units, subject to conditions.

S16/0724 - Permission refused on 14/07/2016 for variation of Conditions 2 (holiday use only), 3 (non-use as main place of residence) and 6 (use of site as static holiday caravan site for 10 units only) of S15/0737 to allow for the use of 5 of the approved static caravans as main residential accommodation

3.0 Relevant History

3.1 No relevant planning history

4.0 Policy Considerations

4.1 National Planning Policy Framework (NPPF)Section 6 - Wide choice of high quality homes

4.2 South Kesteven District Council Core StrategyPolicy EN1 - Protection and EnhancementPolicy H1 - Residential DevelopmentPolicy SP1 - Spatial Strategy

5.0 SKDC Corporate Priorities

5.1 Support good housing for all

6.0 Representations Received

Planning Policy SKDC Noted that the proposal would be contrary to adopted policies of the Local Development Plan.

LCC Highways & SuDS Support

No objection

Network Rail - Civil Engineering

Made no observations on the application.

Environmental Protection Services

Noted that having regard to the location of the site adjacent a main service rail line, a noise assessment will be necessary as static caravans are not as insulated as brick buildings. In addition, relevant site licence conditions would have to be met.

Parish Council Made no representation on the application.

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7.0 Representations as a Result of Publicity

7.1 This application has been advertised in accordance with the Council's Statement of Community Involvement and 12 Letters of representation have been received. The representations are in support of the proposal on the grounds that the caravans have been occupied as main places of residence for many years.

8.0 Evaluation

8.1 The applicant has submitted that the permission granted under SK.95/0789/75/32 did not restrict the use of the site/caravans as permanent place of residence as the permission did not include any condition to that effect. Notwithstanding the absence of relevant conditions restricting the occupation of the touring caravans to holiday purposes only, it should be noted that the permission was for a touring caravan site and touring caravans by design are unlikely to be used for permanent occupation.

8.2 With regard to location of development, Core Strategy Policy SP1 (Spatial Strategy) sets out a framework guiding the location of new development throughout the district and provides that the majority of all new development should be focused upon Grantham to support and strengthen its role as a Sub-Regional Centre. The policy also provides that new development which helps to maintain and support the role of the three market towns of Stamford, Bourne and the Deepings, will also be allowed. Priority will be given to sustainable sites within the built up part of the town where development would not compromise the nature and character of the town and sites which are allocated in the Site Specific Allocations and Policies DPD.

8.3 With specific regard to development in the countryside, Policy SP1 provides that:

8.4 In all other villages and the countryside development will be restricted. Proposals will only be considered acceptable if they are sites for:

A. affordable housing (rural exception or allocated sites)B. agriculture, forestry or equine developmentC. rural diversification projectsD. local services and facilitiesE. replacement buildings (on a like for like basis); orF. conversions of buildings provided that the existing building(s):

contribute to the character and appearance of the local area by virtue of their historic, traditional or vernacular form; are in sound structural condition; and are suitable for conversion without substantial alteration, extension or rebuilding, and that the works to be undertaken do not detract from the character of the building(s) or their setting.

8.5 In addition, Core Strategy Policy SP1 provides that:

'In all cases planning permission will only be granted on a less sustainable site where it has been proven that there are no other more sustainable options available or there are other overriding material considerations'.

8.6 Further on the location of homes in the countryside, Para 55 of the NPPF provides that:

8.7 Local planning authorities should avoid new isolated homes in the countryside unless there are special circumstances such as:

i. the essential need for a rural worker to live permanently at or near their place of work in the countryside; or

ii. where such development would represent the optimal viable use of a heritage asset or would be appropriate enabling development to secure the future of heritage assets; or

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iii. where the development would re-use redundant or disused buildings and lead to an enhancement to the immediate setting; or

iv. the exceptional quality or innovative nature of the design of the dwelling

8.8 In the same vein, Core Strategy Policy H1 (Residential Development) provides a framework guiding the location of residential development within the district and with regards to residential development outside the main towns and Local Service Centres, the policy objective is to:

'Restrict new housing development in all other areas to affordable local need housing, agricultural / forestry workers accommodation and conversions in accordance with policy SP1 spatial strategy'.

8.9 Tallington is not identified as a Local Service Centre under Policy SP2 (Sustainable Communities) of the Core Strategy. Development outside the main towns and Local Service Centres is restricted to certain categories of development as set out in the above policies. The proposal does not fall within any of the identified categories and no exceptional circumstance to support the proposal has been demonstrated. Accordingly, the proposal is not considered acceptable in principle as it would be contrary to relevant local and national policies.

8.10 In addition to the proposal not being in accordance with local and national policies relating to location of dwellings in the countryside, it is considered that there are some amenity issues relating to the proposal.

8.11 Paragraph 17 of the National Planning Policy Framework sets out core land-use planning principles which should underpin both plan-making and decision-taking. One of such principles is that planning should always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings. Similarly, Core Strategy Policy EN1 (Protection and enhancement of the character of the district) provides a set of criteria against which development proposals should be addressed and one of these relates to noise and light pollution.

8.12 It is noted that whilst there are dwellings located close to main rail lines within the district, such dwellings are designed and constructed using materials that would prevent any noise impacts. In this instance, the use of caravans as permanent dwellings in close proximity to a main rail line would be harmful to the residential amenity of the occupiers of such caravans through noise pollution. The development would therefore be contrary to the relevant provisions of paragraph 17 of the National Planning Policy Framework and Policy EN1 of the Core Strategy.

8.13 Impact of the use on the character of the area

8.13.1 The site is an approved touring caravan site with subsequent permission for ten static caravans on site. The proposal does not include any new structures and from this perspective, it is considered that the proposal would not lead to any significant adverse impact on the character of the area.

8.14 Impact on the neighbouring properties

8.14.1 Having regard to the nature of the proposed development, as well as the nature of the neighbouring public house, it is considered that the proposal would not lead to any significant adverse impact on the amenities of the occupiers of neighbouring properties.

8.15 Highway issues

8.15.1 The local Highways Authority has raised no objection to the proposal and accordingly, it is considered that there would be no detrimental highway issues resulting from the proposal.

8.16 Other Matters

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8.16.1 It is noted that a Caravan Site Licence for the site was issued on 21/12/2005. The licence provides that the site be operated in accordance with a number of conditions. One of such conditions relates to period of use and a requirement that suitable hardstandings be provided if the site is used between 31st of October and 15th March. The applicant has submitted that the caravans are in use as permanent places of residence, on an all year round and therefore, it is expected that, in compliance with the conditions of the Site Licence, suitable hardstanding should be provided. It is noted that this has not been provided and accordingly, it is considered that the site is not operating in accordance with the terms of the licence.

8.16.2 The application has been requested to be considered by the Development Control Committee due to compliance with Policies H1 and H4 of the Core Strategy. Assessment in relation to Policy H1 is discussed above. Policy H4 however relates to Gypsies and Travellers and as such, the policy is not considered relevant as the application is not for use of the site by Gypsies and Travellers.

8.17 Conclusion

8.17.1 The purpose of this application is not to examine any evidence that the caravans have or have not been used as permanent residential accommodation but to assess the suitability of the proposals against current planning policy.

8.17.2 In planning terms, the lawful use of the site is for touring caravans only or for 10 static caravans for holiday purposes. Government guidance advises local planning authorities against attaching planning conditions which duplicate other legislation. In this case, there is alternative legislation under the Caravan Sites and Control of Development Act 1960 which controls the nature and number of caravans on site. It restricts the number of touring caravans to 18 and prevents them from remaining on site for a period exceeding 28 days - no permanent occupancy is allowed under the site licence.

8.17.3 The planning history of the site demonstrates that the Planning Authority has been consistent in granting permission for caravan uses, whether touring or static, that seek to ensure that the site is not used for permanent residential occupation given its location in the open countryside.

8.17.4 Therefore, having regard to the location of the site in the countryside where the establishment of new dwellings would not normally be considered acceptable except in certain circumstances, it is considered that the proposal would be contrary to the provisions of Core Strategy Policies H1 and SP1 and the relevant provisions of para 55 of the NPPF. Accordingly, it is recommended that the proposal be refused.

9.0 Section 106 Heads of Terms

9.1 Not applicable.

10.0 Crime and Disorder

10.1 It is considered that the proposal would not result in any significant crime and disorder implications.

11.0 Human Rights Implications

11.1 Articles 6 (Rights to fair decision making) and Article 8 (Right to private family life and home) of the Human Rights Act have been taken into account in making this recommendation.

11.2 It is considered that no relevant Article of that act will be breached.

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12.0 RECOMMENDATION: that the development is refused for the following reasons

1 The proposal would lead to the establishment of new isolated homes in the countryside in a location not identified within Core Strategy Policy H1 as appropriate location for residential development. The proposal would not comply with relevant exceptions criteria set out within Core Strategy Policy SP1 and paragraph 55 of the National Planning Policy Framework relating to new homes in the open countryside. The development would therefore lead to an unsustainable pattern of development contrary to relevant provisions of Core Strategy Policies SP1, H1 and paragraph 55 of the National Planning Policy Framework.

2 Having regard to the location of the site adjacent a main rail line, it is considered that the proposal would be harmful to the residential amenities of the future occupiers of the caravans through noise pollution. The proposal would therefore be contrary to relevant provisions of Core Strategy Policy EN1 and paragraph 17 of the National Planning Policy Framework.

Note(s) to Applicant:

1 There is a fundamental objection to the proposal and it is considered that this cannot be overcome. Consideration has not been delayed by discussions which cannot resolve the reasons for refusal. The decision therefore accords with paragraphs 186 - 187 of the National Planning Policy Framework.

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Site Location Plan