Agenda item

To consider the planning application and recommendations of the Interim Head of Planning Services (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation of the report, Councillor Joanna Symons from Woodham Walter Parish Council and David Wallis, the Agent both addressed the Committee.

Councillor M F L Durham, a Ward Member, stated that in accordance with his previous declaration he had previously been one of the owners of the site.  Councillor Durham was of the opinion that, taking into account planning considerations and applying the relevant criteria, there were very few planning grounds to refuse this application.  Provided the nature conservation area that was secured under a Section 106 agreement remained, he proposed that this application be approved in accordance with the Officers’ recommendation.

Members debated this application in some depth and concern was raised regarding the occupation of the site for the majority of the year, excluding two weeks in January.  Some Members felt that this did not make the site for holiday accommodation only.  However, as other sites in the District had the same restrictions imposed, it was considered that it would be inconsistent to apply different restrictions to this site.  Furthermore, conditions could not be inconsistent relation to different accommodation on the same site. 

The Group Manager for Planning Services reiterated the need for fairness and consistency to be applied when imposing conditions.  There must be an assumption of reasonableness on the part of residents of these sites, otherwise it would make the provision of tourist accommodation very difficult.  The conditions proposed in this case were in line with Government guidance, consistent with the Authority and in line with conditions imposed by Planning Inspectors in the past.

Councillor Miss S White declared an interest as she worked partly in the tourist industry. 

In response to questions, the Group Manager for Planning Services advised:

·                       that procedures were already in place regarding checking booking registers to ensure that the accommodation was booked as holiday accommodation;

·                       that the Section 106 Agreement in place related to part of the land that was not subject to this application and would, therefore, be unaffected;

RESOLVED that this application be APPROVED subject to the following conditions:

1                    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2          The development hereby permitted shall be carried out in complete accordance with the approved Location Plan No: 15.3071/M002 dated 18.04.2016 and Site Plan No: 15.3071/P201 Revision B dated 24.07.2015 and Plans and Elevations No: 15.3071/P204 dated 26.08.2015 specifically referenced on this decision notice.

3          No holiday lodges shall be used as a person's sole or main place of residence and shall be used for holiday purposes only.

4          The holiday lodges shall not be used for human habitation between 15 January and 28 January (inclusive).

5          The owners / operators of the site shall maintain an up-to-date register of the names of all owners / occupiers of individual holiday accommodation units on the site, dates of arrival and departure from the site, their main home addresses and place(s) of employment. The register shall be made available at all reasonable times for inspection and copying by the Local Planning Authority for record keeping purposes.

6          With the exception of any building or structure required to be provided by conditions on a site licence issued under the Caravan Sites and Control of Development Act 1960, no structures, tents or similar items shall be erected or placed on the site without the prior approval in writing of the Local Planning Authority.

7          The use of the site for holiday purposes shall be undertaken only in conjunction with and ancillary to the use of The Warren Golf Club.

8          Notwithstanding the provisions of the Caravan Sites and Control of Development Act 1960, the location and siting of any timber holiday lodge shall only be in accordance with the layout plan which is attached to and forms part of this permission unless otherwise agreed in writing by the Local Planning Authority.

9          Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) no wall, fence, gate or other means of enclosure shall be erected within or around the site without the prior grant of planning permission by the Local Planning Authority.

10        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) no hardstanding, access road or similar hard surface shall be laid within or around the site other than shown on the Site Plan No: 15.3071/P201 Revision B dated 24.07.2015 without the prior approval in writing by the Local Planning Authority.

11        No trees within the site shall be felled, cut back, damaged or removed, unless otherwise first agreed in writing with the Local Planning Authority. Prior to the commencement of the development fencing to protect the trees shall be erected in accordance with British Standard 5837 (Trees in relation to construction) unless otherwise agreed in writing. The protective fencing shall be erected before the commencement of any clearing, demolition and building operations and shall be retained until all equipment, machinery and surplus materials have been removed from the site. Within the fenced protection zone nothing shall be stored or placed, no fires lit, no vehicle shall gain access, ground levels shall not be altered, no excavation shall be made and no structure shall be erected, unless otherwise first agreed in writing with the Local Planning Authority. If within five years from the completion of the development an existing tree is removed, destroyed, dies, or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective, a replacement tree shall be planted within the site of such species and size and shall be planted at such time, as specified in writing by the Local Planning Authority.

12.       Details of the means of refuse storage including details of any bin stores to be provided shall be submitted to and approved in writing by the local planning authority.  The development shall be carried out in accordance with the agreed details and provided prior to the first occupation of the development and retained for such purposes at all times thereafter.

Councillors J P F Archer and Miss S White left the Council Chamber at this point in the meeting.