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The Committee considered report ES/0426 which gave details of the application for the change of use of land to give young people and adults with learning disabilities and/or needs/facing barriers to access services and opportunities to learn new skills and be involved in countryside activities on land at Rushmere Road and Chapel Road, Rushmere. The proposal included additional hedging, grass reinforced parking, mobility issues caravan, outdoor camping of four to six pitches, log cabins for toilets, showers, community activities, educational events including woodland and wildlife walks, wildlife, picnic benches, allotments, the replacement of existing sheds and match a new 3.6m by 6m shed.
The Planner advised that the permission sought was for the site itself. Any retail and a café was not included in the current application and would require separate consent on its own.
Members were shown the site location plan and an aerial photo of the site together with views along Blower’s Lane and Chapel Road, and views into the site from Chapel Road and Rushmere Road, and from the churchyard which showed the site was well screened. The existing block plan was compared to the proposed block plan and a further slide displayed the elevations of the proposed buildings.
The Planner outlined the material planning considerations and key issues explaining that the principle of the development was considered acceptable and compliant with the Local Plan. The site was well screened and the Council’s Conservation Officer and Historic England had no objection with regard to impact on the Grade I listed church. It was considered there would be no adverse effects on the local amenity and the social and economic benefits would be beneficial for job creation and employment potential for those with difficulty in getting jobs. There were no ecology issues and the site was in flood zone 1 which would not cause any great risk. The Planner made reference to the update sheet which had been published with additional comments and two additional conditions.
The Planner confirmed that the application was being recommended for approval subject to no new material planning considerations being raise within the further consultation period and subject to the conditions as set out in the report and update sheet.
The Chairman invited questions.
Members questioned the number of parking spaces for those attending the care farm and allotment holders, the conditions restricting to holiday use, and the impact on the Grade I listed building.
The Planner advised that the parking spaces would be sufficient for those working on the site; the users were likely to be transported by minibus. The holiday restriction in the proposed conditions was to stop people living on site. The Conservation Officer had initial concerns with regard to the listed church but they were now happy with the proposal.
The Chairman sought clarification as to possible future use for 20 tents if the land was sold. The Planning Manager advised that the permission, if granted, related to the land and the use was acceptable subject to the proposed conditions. Any changes would need to be considered separately in their own right and at a time any changes were proposed.
The Chairman invited public speakers to address the Committee.
Ms J Collen spoke on behalf of objectors in Rushmere and expressed concern that the proposal was a precursor to a much larger undertaking which would affect the Grade I Saxon church, contrary to the Conservation Officer’s views. Any acceptance of the proposal would be a violation to the church and the peace and tranquillity of the area. The access was bad, leading onto country lanes and using land for this purpose in the countryside would set a precedent. Consideration had been given to the use and for whom and the applicant would make money out of the site. There was no evidence of support from the community and an increase in noise levels would only get worse. Trust in the applicant and planners had been broken; sadly this proposal was in the wrong place and wholly unacceptable for this site. Ms Collen urged the Committee to refuse the application.
In response to a question raised by a Member who knew the area well and had never seen another vehicle when in the vicinity, Ms Collen stated that the country roads were used by horse riders and as a short cut from Carlton Colville to Kessingland and the A12, very often causing much congestion. The roads were a single lane carriageway with a 60mph limit and being of a very hazardous nature. The high increase in traffic and users compared to what was previously on the site would be unacceptable.
On behalf of the Parish Council, Ms D Sherman was of the opinion that the long standing scheme had been rushed to Committee before the heritage impacts had been considered. The proposal was legally unsound assessed on community credentials. Involve Active could wind up any time and Rushmere would be left with a campsite causing high level impact on the church. The site had no commercial status; various activities from 30 people plus staff 24 hours a day nine months of the year would cause unacceptable noise and disturbance in a tranquil unspoilt area. A noise impact assessment was too late once permission had been granted. Parking was inadequate and it appeared there would be no adequate controls in place. There was no support from the community and she urged Members to refuse the application.
Ms B Patnell explained that she was CEO from Involve Active, a not for profit small organisation supporting people with learning difficulties. Their intention was not to build on site but replace buildings, plant trees not cut them down, provide bird and bat boxes. By listing to their young people, this would give them the opportunity to achieve aspirations for future opportunities and provide respite by working in the garden nursery. It would also provide respite for families with a child with learning disabilities. Meeting others would stop isolation and the site would provide opportunities to increase life skills and horticultural experiences for those who needed them. There was support from lottery funding, County Council respite opportunities, social care and families wanting to stay. Any café on site would be for those working on the site and for the families with special needs, not for public use.
Members raised questions regarding:
- Funding.
- Scale of camping.
- Consultation with the Parish Council and local residents.
- Visitors from elsewhere in the county.
- Noise and overall control of the site.
Ms Patnell explained that a lottery grant had been received and they had been on site for two years cleaning the site. An application for further funding from “Mind the Gap” project had been submitted. There was a high need for respite. She explained that it was not going to be a big commercial campsite; a tepee tent had been donated for a activities and the pitches would be from one to a maximum of four people. There had been limited contact with local residents whilst she was off work and further consultation with parents and carers. Leaflets had been produced for circulation but that had not occurred due to the Covid shut down. The campsite would be open to all, say from Norfolk, and possibly families from elsewhere in the country. The purpose of the site was to offer a holiday for people with special needs in a place where they would feel comfortable. A noise management policy would be out in place and manned by her team supporting the respite holidays. Cut off time would be 9.30pm.
The Chairman invited questions to the officers.
Members’ specific questions related to:
- If the site could be taken over as a campsite and increase the number of units.
- An increase in the number of tents for holiday purposes.
- Permitted development rights on the site.
- Bus and cycle routes to get to local services, for example shops.
- Tourism or educational use.
The Planning Manager confirmed that the application was for the use of the land. Consultation had all been undertaken within the planning requirements including the press advert and site notice. Any subsequent application for additional units would be considered on its own merits and in accordance with planning policies and the setting of the listed building. Members were considering the application before them which was for four to six pitches.
The Committee was assured that if it was minded to approve the application, any further applications would come back to Committee for consideration and take into account the nearby listed church. It was confirmed there were no permitted development rights for the proposal; some tourism was encapsulated in the educational proposal. The roads in the vicinity were light on traffic so there should not be an issue with cycling.
Note: At this point in the meeting, there was an adjournment from 5.45pm to 5.50pm.
Members discussed the proposal giving differing views on rejecting the application on heritage grounds although it was noted that English Heritage had no objection and the church was completely screened by trees. The view was that it should not turn into a big campsite in the countryside and concern was expressed that there appeared to have been little consultation within the local community. Consideration could be given to deferral to allow that consultation to take place. The Planning Manger explained that the NPPF encouraged pre-application consultation but it was not a requirement; however, it should be noted that consultation responses were contained in the officer’s report. Members were assured that any additional applications for the site would come direct to Committee for consideration.
Subject to the addition of an informative to ensure that consultation with local residents was undertaken, on a proposal to approve the application, which was duly seconded, it was
RESOLVED
That permission be granted, subject to no new material planning considerations being raised within the further consultation period and the following conditions:
1. The development hereby permitted shall be begun within a period of three years beginning with the date of this permission.
Reason: In accordance with Section 91 of the Town and Country Planning Act 1990 as amended.
2. The development hereby permitted shall be completed in all respects strictly in accordance with:
- Site Location Plan, Existing Site Plan, and Proposed Site Plan, 2513.19.2A, received 03/12/2019
- Site Details, INVOLVE - Project Gold Crest - Rev. A, received 03/12/2019;
for which permission is hereby granted or which are subsequently submitted to and approved by the Local Planning Authority and in compliance with any conditions imposed by the Local Planning Authority.
Reason: For the avoidance of doubt as to what has been considered and approved.
3. Development must be undertaken in accordance with the ecological avoidance, mitigation, compensation and enhancement measures identified within the Preliminary Ecological Appraisal (PEA) (Greenlight Environmental, November 2019).
Reason: In the interests of nature conservation.
4. No removal of hedgerows, trees or shrubs or works to or demolition of buildings or structures that may be used by breeding birds shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority.
Reason: In the interests of nature conservation.
5. Prior to the installation of any lighting on site, a "lighting design strategy for biodiversity" and lighting details to protect the setting of nearby heritage assets, shall be submitted to and approved in writing by the local planning authority. The strategy shall:
a) identify those areas/features on site that are particularly sensitive for biodiversity likely to be impacted by lighting and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and
b) show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places, and protects the setting of nearby heritage assets.
All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.
Reason: To protect protected species and the setting of nearby heritage assets.
6. The use shall not commence until the area within the site shown on 2513.19.1A for the purposes of manoeuvring and parking of vehicles have been provided and thereafter it shall be retained and used for no other purposes.
Reason: To ensure that sufficient space for the on site parking of vehicles is provided and maintained in order to ensure the provision of adequate on-site space for the parking and manoeuvring of vehicles where on-street parking and manoeuvring would be detrimental to highway safety to users of the highway.
7. The caravans and tents within the application site area shall be occupied for holiday purposes only and shall not be occupied as a person's sole or main place of residence. No unit shall be occupied in the months of December, January and February. The owners/occupiers shall maintain an up-to-date register of all owners/occupiers of individual lodges on the site, and of their main home addresses and shall make this information available at all reasonable times to the local planning authority.
Reason: To reduce the impact on the character of the wider area, and the proposed unit(s) are suitable for holiday accommodation but not suitable for residential use.
8. The holiday accommodation on the site shall be restricted to; one caravan, and up to six tent pitches, at any one time. The caravan hereby approved, shall only be positioned on the area as set out within drawing 2513.19.1A, and shall fit within the definition of a caravan as set out in Caravan Sites Act 1968 (as amended).
Reason: To protect the amenity of area, the setting of the Grade I Listed Church, and the important biodiversity of the area.
9. Prior to the first use of the site development, a scheme of hard and soft landscaping works for the site, which shall include a proposed planting plan, shall be submitted and approved, in writing, by the Local Planning Authority. The details thereby approved, shall be implemented in full within 6 months of first use.
Reason: In the interests of visual amenity and the character and appearance of the area.
10. Prior to first use of the site as hereby approved, details on the bridleway access, including engineering work, surface detailing, and boundary treatments, shall be submitted and approved in writing by the Local Planning Authority. The bridleway access, as detailed on drawing 2513.19.1A, shall then be installed in accordance within the approved detail, within 6 months of first use of the site as approved.
Reason: To ensure that the proposed bridleway does not have an adverse impact on the character and appearance of the surrounding area, and is installed to improve connectivity to the site.
11. Prior to the development hereby permitted being first occupied, the vehicular access onto the highway shall be properly surfaced with a bound material for a minimum distance of 5 metres from the edge of the metalled carriageway, in accordance with details previously submitted to and approved in writing by the local planning authority.
Reason: To secure appropriate improvements to the vehicular access in the interests of highway safety.
12. No activities except for those in relation to the camping and/or overnight stays on the site shall take place outside of the hours of 8:30am and 6:30pm Mondays to Sundays (including bank holidays). All activities except for camping and/or overnight stays shall cease between the hours 9:30pm and 7:00am.
Reason: To protect the amenity of the area.
13. Prior to commencement of the permitted use a Noise Management Plan shall be submitted to the local planning Authority for their written approval.
The noise management plan, to prevent disturbance to local residents resulting from the hereby permitted use of the land, shall include undertakings and procedures for:
- The name(s) of the onsite supervisor responsible for the behaviour of guests and liaison with local residents;
- The control of outside areas;
- The control of noise out break from within buildings, caravans and tents;
- Access and egress from the site;
- Recording of complaints and response to those complaints;
- Deliveries and collections to and from the site;
- The annual review of the approved Noise management Plan and, if necessary, the submission and approval of a revised noise management plan;
- Any other matters that are reasonably required by the local planning authority.
The approved Noise Management Plan shall be followed and/or implemented at all times.
Reason: To protect the amenity of the surrounding area from excessive noise.
14. In the event that contamination which has not already been identified to the Local Planning Authority (LPA) is found or suspected on the site it must be reported in writing immediately to the Local Planning Authority.
Unless agreed in writing by the LPA no further development (including any construction, demolition, site clearance, removal of underground tanks and relic structures) shall take place until this condition has been complied with in its entirety.
An investigation and risk assessment must be completed in accordance with a scheme which is subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and conform with prevailing guidance (including BS 10175:2011+A1:2013 and CLR11) and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. Where remediation is necessary a detailed remediation method statement (RMS) must be prepared, and is subject to the approval in writing of the Local Planning Authority. The RMS must include detailed methodologies for all works to be undertaken, site management procedures, proposed remediation objectives and remediation criteria. The approved RMS must be carried out in its entirety and the Local Planning Authority must be given two weeks written notification prior to the commencement of the remedial works.
Following completion of the approved remediation scheme a validation report that demonstrates the effectiveness of the remediation must be submitted to and approved in writing by the LPA.
Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.