DEVELOPMENT MANAGEMENT COMMITTEE 17 OCTOBER 2018 Case No: 18/01461/FUL (FULL PLANNING APPLICATION) Proposal: ERECTION OF EQUESTRIAN BUILDING TO HOUSE

HORSES, PONIES AND ASSOCIATED EQUIPMENT AND FEED, AN AREA OF HARDSTANDING AND CHANGE OF USE FROM AGRICULTURAL LAND TO EQUESTRIAN

Location: LAND EAST OF BRINGTON GORSE BRINGTON ROAD

CATWORTH Applicant: MRS B DAVIS Grid Ref: 508573 274997 Date of Registration: 06.08.2018 Parish: CATWORTH

RECOMMENDATION - APPROVE This application has been referred to Development Management Committee as Catworth Parish Council’s recommendation to refuse the application is contrary to the officer recommendation to approve the application. 1. DESCRIPTION OF SITE AND APPLICATION 1.1 The application is for development proposed by an occupier of the

residential caravan gypsy and travellers pitches at Brington Gorse. The residential caravan site was approved under reference 1201230FUL. The proposed development is in the countryside and lies in Catworth Parish and is immediately south of the Brington Parish boundary.

1.2 The proposal entails the change of use of part of an agricultural field

for keeping horses and ponies and the erection of a building and construction of an area of hardstanding at the south end of the site.

1.3 The field is currently predominantly of grass with a small area of

earthworks and rubble (engineering operations) at the south end. The application follows the serving of a temporary stop notice (reference 18/00096/ENENG – see ‘Planning History’ section below) on 4th May 2018 for the engineering operations.

1.4 The proposed building is to over-winter the horses and ponies, and

for use during foaling as well as to store feed and equestrian related equipment such as a horsebox. The building would be enclosed on 3 sides and open to the west elevation. The building would be of olive green coloured metal cladding on a steel frame. The building would be approximately 6m high to the ridge and 4.5m high to the eaves and have a floor area of 18.3m x 9.14m. It is understood that the horses and ponies are kept for shows and to pull carts for recreation use.

1.5 The field has already been enclosed with post and rail fencing to the east and the use for keeping horses and ponies has begun.

1.6 The access to the site is by means of an existing access to, and

driveway through, the residential caravan site. The driveway continues over an area of land south of the residential pitches to an area of recently deposited rubble and earthworks for a new driveway onto the field.

1.7 The site slopes down from Brington Road/ the south to the north/ a

brook. 1.8 Views of the site are obscured by a block of landscaping south of the

site, by mature hedging on the south edge of the field east of the site and by a high closeboarded fence and hedging on the south edge of the land south-west of the site.

2. NATIONAL GUIDANCE 2.1 The National Planning Policy Framework (24th July 2018) (NPPF

2018) sets out the three economic, social and environmental objectives of the planning system to contribute to the achievement of sustainable development. The NPPF confirms that ‘So sustainable development is pursued in a positive way, at the heart of the Framework is a presumption in favour of sustainable development. The NPPF sets out the Government's planning policies for: * delivering a sufficient supply of homes; * achieving well-designed places; * conserving and enhancing the natural environment; * conserving and enhancing the historic environment.

2.2 Whilst the NPPF 2018 has now been published and replaces the

NPPF 2012, transitional arrangements are in place for authorities who have submitted Local Plans submissions prior to the 29 January 2019 and to ensure consistency, the 2012 framework policies will continue to be relevant. For clarity HDC submitted their Local Plan on 29 March 2018.

2.3 The National Planning Policy Framework (NPPF 2012) sets out the

three dimensions to sustainable development - an economic role, a social role and an environmental role - and outlines the presumption in favour of sustainable development. Under the heading of Delivering Sustainable Development, the Framework sets out the Government's planning policies for: * promoting sustainable transport; * delivering a wide choice of high quality homes; * requiring good design; * conserving and enhancing the natural environment; * conserving and enhancing the historic environment.

2.4 In this report, reference to both NPPF 2012 and 2018 from here-on is

referred to as ‘the NPPF.’ 2.5 Planning Practice Guidance

For full details visit the government website https://www.gov.uk/government/organisations/department-for-communities-and-local-government 3. PLANNING POLICIES 3.1 Saved policies from the Huntingdonshire Local Plan (1995)

• En17: "Development in the Countryside" • En20: "Landscaping Scheme" • En25: "General Design Criteria" • T18: "Access requirements for new development" • R2: "Recreation and Leisure Provision" • CS8: "Satisfactory surface water drainage"

3.2 Saved policies from the Huntingdonshire Local Plan Alterations

(2002) • none relevant.

3.3 Adopted Huntingdonshire Local Development Framework Core

Strategy (2009) • CS1: "Sustainable development in Huntingdonshire."

3.4 Huntingdonshire’s Local Plan to 2036: Proposed Submission 2017

(as amended March 2018 for submission) • LP1: Amount of Development • LP2: Strategy for Development • LP11: The Countryside • LP12: Design Context • LP13: Design Implementation • LP15: Amenity • LP16: Surface Water • LP17: Sustainable Travel • LP18: Parking Provision and vehicle movement • LP24: Tourism and Recreation • LP32: Biodiversity and Geodiversity.

3.5 Supplementary Planning Documents (SPD):

• Huntingdonshire Design Guide SPD 2017: * Placemaking Principles - Building Form, parking

• Huntingdonshire Landscape and Townscape Assessment SPD 2007.

Local policies are viewable at https://www.huntingdonshire.gov.uk 4. PLANNING HISTORY 4.1 A temporary stop notice reference 18/00096/ENENG was served on

04.05.2018 for engineering operations on the site entailing the excavation of earth, deposit of rubble for the driveway/ hardstanding on the southern part of the site and associated earth mounds.

4.2 0702731FUL Change of use of land to gypsy caravan site with

associated service road, hardstanding and utility buildings refused 21.11.2007 and allowed on appeal 15.08.2008.

4.3 1201230FUL Use of land for the stationing of caravans for residential purposes for 10 gypsy pitches together with the formation of additional hard standing and utility/dayrooms ancillary to that use approved 2.1.2013.

5. CONSULTATIONS 5.1 Catworth Parish Council: Recommend refusal (COPY ATTACHED) 5.2 Adjoining Brington and Molesworth Parish Council: Any

response will be reported to Committee. 5.3 Cambridgeshire County Council (CCC) Highways: No objections. 5.4 HDC Environmental Protection: No objection subject to conditions relating to manure and stable waste. 6. REPRESENTATIONS 6.1 None received 7. ASSESSMENT 7.1 The report assesses the following principal, important and

controversial issues:

• the principle of the change of use of the field and the erection of the building and provision of associated hardstanding in the countryside outside the built up area,

• the effect of the proposals on the character and appearance of the countryside,

• highway safety and • impact on residential amenity of the adjoining neighbours.

Principle of development outside the built up area 7.2 The NPPF 2018 seeks sustainable development and developments

that recognize the intrinsic character and beauty of the countryside (paragraph 170).

7.3 The site is considered in the countryside where planning policies such

as En17 of the Saved Local Plan 1995, broadly aim to restrict non-essential development to protect it for its own sake. It is considered that the use of land for keeping horses and ponies and the erection of the building is not necessarily ‘essential’ as set out in policy En17. However, the keeping of horses and ponies for shows and to pull carts, could reasonably be described as a suitable ‘outdoor recreation’ use as set out in policy En17, and the proposed use for keeping horses and ponies can reasonably expected to be in a countryside location. It is also considered that the proposals for the associated erection of the building and provision of hardstanding are reasonable.

7.4 Development outside the built up area is restricted by policy LP11 of

Huntingdonshire’s Local Plan to 2036: Proposed Submission 2017 (as amended March 2018 for submission). Policy LP11a seeks the use of land of lower agricultural value, avoiding the use of Grades 1

to 3a and avoiding Grade 1 agricultural land except in exceptional circumstances. The area is Grade 3 land but the Council does not have details of Grade 3a and other Grade 3 land and so it is uncertain if Grade 3a land is being affected or not. However, it is considered that the loss of a small part of the agricultural land to hardstanding and a building would not on its own amount to a reasonable reason for refusal in this case, and would certainly be very difficult to sustain on appeal. It is also relevant to note that the majority of the site, north of the proposed hardstanding could readily be returned to agriculture by the removal of the new eastern fence.

7.5 There is no reason why the proposal should give rise to undue noise,

odour, obtrusive light or other impacts that would adversely affect the use and enjoyment of the countryside by others, as required by LP11c.

7.6 Emerging Policy LP 24 of Huntingdonshire’s Local Plan to 2036:

Proposed Submission 2017 (as amended March 2018 for submission) is more permissive about new recreation buildings/ development than the 1995 Local Plan.

7.7 Policy LP 24 states that a proposal for a new leisure use in the

countryside ‘will be supported where it can be demonstrated that: a. it is well-related to a defined settlement unless there are robust operational or sustainability reasons why it needs to be located elsewhere; b. it does not cause harm to, and where appropriate, enhances the ecological, landscape and heritage significance of the proposed location; c. the impact of the scale, character and location of the development on both its immediate surroundings and the wider landscape are minimised as far as possible; d. adequate servicing can be provided, including water supply, electricity and for sewage and waste disposal; and e. it will not have an adverse impact on any internationally or nationally designated wildlife site through increased visitor pressure.’.

7.8 The development is not ‘well-related to a defined settlement’ as

sought by policy LP24a but it is considered that it is reasonable for operational reasons, for the development to be immediately east of the applicant’s home and the group of residential caravan plots at Brington Gorse so the horses, ponies and access to them can be readily supervised from the home.

7.9 Policy LP24 c is considered in the ‘Character and appearance of the

countryside’ section of the report. 7.10 A waste disposal arrangement has been agreed with the Council’s

Environmental Protection Officer (this will be secured by condition), and as such, it is considered that Policy LP24d has been satisfied. . The waste disposal will entail no burning of waste on site and the storage of waste on a trailer and removal of waste at intervals of no less than 2 weeks.

7.11 It is concluded that, in principle, the change of use and associated

building and hardstanding amount to acceptable development in the countryside, subject to the other aspects, such as the impact on the

character of the area being satisfactorily addressed. The proposal is considered to comply with policy LP24a and d of Huntingdonshire’s Local Plan to 2036: Proposed Submission 2017 (as amended March 2018 for submission).

7.12 Catworth Parish Council’s concerns about the development have

been taken into account but it is considered that, for the reasons set out above in this report, it would be unreasonable to refuse the application. The Parish Council’s suggestion that conditions would need to be imposed on three aspects: the use, intensity of use and additional structures have been considered.

7.13 A condition can be imposed to ensure that the field (extending north

from the highway verge and tree belt) and the associated building and hardstanding which is the subject of this application is only used for keeping horses and ponies and for equipment and feed incidental to the use for keeping horses and ponies as such and for no other purpose unless otherwise approved in writing by the local planning authority.

7.14 However, it is unreasonable to impose a planning condition to control

the density of horses and ponies at the site. Such a condition will not meet the statutory tests.

7.15 It is unnecessary for a planning condition to control further structures

on the site as planning applications are required for new structures and if applications are submitted for further developments, they will be considered on their own merits.

Character and appearance of the countryside 7.16 The NPPF seeks sustainable development which has three roles:

economic, social and environmental. The environmental role of any development is to contribute to protecting and enhance the natural, built and historic environment. The NPPF 2018 makes it clear that ‘Good design is a key aspect of sustainable development’ (paragraph 124), developments should be ‘visually attractive as a result of good architecture, layout…’ (paragraph 127b and ‘sympathetic to local character and history’ (paragraph 127c).

7.17 As the proposed keeping of horses and ponies is considered to be a

recreation use, saved policy R2 of the Huntingdonshire Local Plan (1995) applies. This advises that the Council will consider several aspects including the effect on landscape, visual amenity and the siting, design and materials of any building. Policies En25 of the Local Plan 1995, CS1 of the Core Strategy, and LP12 and LP13 of Huntingdonshire’s Local Plan to 2036: Proposed Submission 2017 (as amended March 2018 for submission). ‘seek a high standard of design and developments that fit in well with their surroundings.’

7.18 Policy LP11b of the emerging Local Plan to 2036 requires the intrinsic

character and beauty of the land to be protected. 7.19 Policy LP24b and c of the emerging Local Plan to 2036 seek

developments that do not cause harm to, and where appropriate, enhances the landscape significance of the proposed location and to minimise the impact of the scale, character and location of the

development on both its immediate surroundings and the wider landscape.

7.20 The Design Guide (2017) also makes it clear that developments

should harmonise with their surroundings as set out in the NPPF. 7.21 The keeping of horses and ponies on the land and new eastern post

and rail fence are considered to be entirely in keeping with the character and appearance of the countryside.

7.22 The lower part of the building and the hardstanding will be obscured

from views from Brington Road by the offsite landscaping and fences. The upper part of the building will be visible from the road. However, the building is considered to be of a suitable appearance/design for its intended purpose and the rural nature of the site. The building is considered to be of a suitable scale and height, subject to a condition to secure suitable levels for the building and adjoining grounds. The external materials for the building are to be an olive green coloured cladding which is acceptable and can be secured by condition.

7.23 It is concluded that the development would appear typical within its

context and will preserve the character and appearance of the countryside.

7.24 As such, it is considered that the proposal would be in keeping with

the character and appearance of the countryside in accordance with the aims of the National Planning Policy Framework (2012) and saved policies En25 and R2 of the Huntingdonshire Local Plan (1995), policy CS1 of the Adopted Huntingdonshire Local Development Framework Core Strategy 2009, policies LP11b LP12 and LP13 and LP24b and (and the guidance of the Huntingdonshire Design Guide Supplementary Planning Document 2017.

Highway safety 7.25 The existing tarmac access to the site from Brington Road is wide

and in good condition. The location of the driveway and proposed hardstanding on the site is acceptable. No traffic information has been submitted but the use has already begun and is understood to have not caused hazards or traffic problems. The applicant advises that the change of use has enabled her to keep the animals safely on site instead of the highway verges which is likely to be safer, if for example the tethers in the highway were loosened.

7.26 CCC Highways does not object to the proposal. 7.27 It is concluded that the proposal is acceptable in terms access and

highway safety. Residential amenity 7.28 The main issue is the effect of the change of use on the neighbouring

occupiers at Brington Gorse, whose residential caravan plots back onto the land used for keeping horses and ponies.

7.29 It is considered that the proposed building and hardstanding is far enough from these neighbours to avoid harmful impacts such as undue harm to outlook or undue activity or disturbance.

7.30 The Environmental Health Officer has no amenity objections to the

horse-related activity on the site and conditions have been agreed with the applicant to address manure and waste on site, including the storage of manure and stable waste on a trailer to be clearer at no less than 2 weeks intervals, unless otherwise approved in writing, in the interests of residential amenity and to avoid site pollution.

7.31 It is concluded, that subject to conditions, the proposal will have no

significant harmful effect on the amenities of neighbouring properties. The scheme therefore accords with policy R2 of the Huntingdonshire Local Plan 1995 and policy LP15 of the Huntingdonshire’s Local Plan to 2036: Proposed Submission 2017 (as amended March 2018 for submission).

Conclusion 7.32 The proposal is considered to be in accordance with the relevant

Development Plan policies and emerging Local Plan policies, and is therefore an acceptable development for the reasons set out in the main body of this report.

7.33 Taking national and local planning policies into account and having

regard for all material considerations, it is recommended that planning permission be granted for the development as proposed for the reasons set out above.

8. RECOMMENDATION - APPROVAL subject to

conditions to include the following

• Standard time limit • Development as approved plans • Drainage of the building and hardstanding • Levels of site and building • Manure and stable waste • No burning waste • Restrict use of land and building • External colour of building

If you would like a translation of this document, a large text version or an audio version, please contact us on 01480 388388 and we will try to accommodate your needs. CONTACT OFFICER: Enquiries about this report to Sheila Lindsay Senior Development Management Officer 01480 388247

HuntingdonshireD I S T R I C T C O U N C I L

Pathfinder House St Mary’s Street Huntingdon PE29 3TN

Tel 01480 388388 Fax 01480 388099 mail@huntsdc.gov.uk www.huntsdc.gov.uk

Head of Planning ServicesPathfinder HouseSt. Mary’s StreetHuntingdonCambridgeshire PE 29 3TN

APPLICATION NUMBER: 18/01461/FUL CASE OFFICER: Sheila Lindsay

PROPOSAL: Erection of equestrian building to house horses, an area of hardstanding and change of use from agricultural land to equestrian

LOCATION: Land East Of Brington Gorse Brington Road Catworth

OBSERVATIONS OF CATWORTH PARISH COUNCIL

REFUSE

Recommend refusal:

The traveller site originally was granted on an exceptional basis for a temporary period. This then became a permanent site due to the district failure to find other potential sites.

Catworth Parish Council recommend refusal of this application as it represents an unacceptable expansion of the original site. Creating buildings in what is otherwise open countryside is not acceptable.

If Huntingdonshire District Council are minded to approve this site against our recommendation we believe that conditions would need to be imposed on the use and intensity of use. For example, only to be used for horses at a density suitable for this area and no further structures.

Ms Ramune Mimiene, Clerk to Catworth Parish Council.

Date: 12 Sep 2018 Failure to return this form within the time indicated will be taken as an indication that the Town or Parish Council do not express any opinion either for or against the application.

PLANNING SERVICES dcparish.rtf

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Application Ref:18/01461/FULo © Crown copyright and database rights 2018 Ordnance Survey HDC 100022322

1:2,500Scale = Date Created: 01/10/2018

Development Management Committee

Location: Catworth

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KeyThe Site

Listed Building

Conservation Area