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Agenda item

APP/19/01131 - Land Adjacent to Mandai, St Peters Road, Hayling Island

Proposal:           Use of Land for touring holiday/tourism caravan site and erection of utility block (Resubmission)

 

Additional Information

 

 

Minutes:

(The site was viewed by the Site Viewing Working Party on 30 August 2018)

 

Proposal:       Use of land for touring holiday/tourism caravan site and erection of utility block (resubmission)

 

The Committee considered the written report and recommendation from the Head of Planning to grant permission.

 

The Committee was addressed by Councillor Turner who objected to the proposal for the following reasons:

 

a)               the proposal would be out of keeping with the character and appearance of the village;

 

b)           the proposal was contrary to Local Plan Policies CS16 and CS17 and the National Planning Policy Framework;

 

c)           there were sufficient caravan sites nearby;

 

d)           the proposal would be detrimental to the rural character and the visual amenities of the area; and

 

e)           the area frequently flooded and was defined as a flood risk area by the Environment Agency

 

Councillor Turner requested that, if the Committee was minded to grant permission, it impose an additional condition requiring the removal of all caravans from the site during the period October to April in any year to prevent the permanent siting of caravans in this locality.

 

In response to questions from the Committee, officers advised that:

 

·                         The utility block would include a shower and toilet.

 

·                         restricting the time a caravan could remain on the site (Condition 3) was considered more appropriate that imposing a seasonal restriction on the site.

 

·                         Arrivals and departures would be recorded in a register.

 

·                         The site was connected to the public drainage and electricity networks.

 

The Committee discussed the application in detail together with the views raised by deputees.

 

The Committee noted with regret that the Inspector had rejected their previous reasons for refusal for the proposed use and acknowledged that, in view of this decision, it could not justify refusing the application for these reasons.

 

The Committee discussed the possibility of only granting a temporary permission, however, it acknowledged that there were no reasonable grounds for granting such a permission.

 

With regard to imposing a seasonal restriction, the Committee considered that Condition 3 was more appropriate in this case.

 

A majority of the Committee considered that:

 

(i)           in view of the appeal decision;

 

(ii)          the presumption to grant permission for sustainable development; and

 

(iii)         as Condition 11 overcame the Inspector’s decision to refuse the previous application for development of this site

 

there were no planning reasons for refusing this application. It was therefore,

 

RESOLVED that the Head of Planning be authorised to grant permission for application APP/19/01131 subject to the following conditions:

 

1            The development must be begun not later than three years beginning with the date of this permission.

 

              Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

             

2            The development hereby permitted shall be carried out in accordance with the following approved plans and details:

 

              PROPOSED BLOCK PLAN   HAYLING 02 

              SITE PLAN - HAYLING 03 Rev D

              LOCATION MAP - HAYLING 04 Rev D

              Proposed elevations of utility block HAYLING 05

              Flood Risk Assessment dated 21 December 2017

              Transport Statement

              Ecological Assessment of Impacts on Brent Geese Report - January 2018

              Planning statement

 

              Reason: - To ensure provision of a satisfactory development.

             

3            The holiday accommodation hereby approved shall not be occupied by any person, group or their dependants, for a period of more than four calendar weeks in any twelve month period. A register of the occupancy of the unit shall be maintained and kept up-to-date by the operator of the units, that shall be made available to the Local Planning Authority upon request (within 14 days of a written request being made). The register shall record the arrival and departure dates of all occupiers..

 

              Reason: To ensure that control over the development and that the caravans do not become separate residential dwellings in accordance with policy DM4 of the Havant Borough Local Plan (Core Strategy) 2011 and NPPF.

             

4            There shall be no more than 3 touring caravans (as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968) stationed on the site at any time,

 

              Reason: To ensure that control over the development and that level of development on the site, given its sensitive location in accordance with policies DM4, DM8 of the Havant Borough Local Plan (Core Strategy) 2011 and policies AL1 and AL2 of the Havant Borough Local Plan (Allocations) 2014.

 

             

5            No development shall take place until a Site Development Scheme has been submitted to and approved in writing by the Local Planning Authority. Notwithstanding the details shown on any of the previously submitted plans, the Site Development Scheme shall include details of:

 

              (a)         the positioning of the proposed touring caravans;

              (b)         all boundary treatments;

              (c)         all parking and hardstanding areas;

              (d)         all external lighting;

              (e)         any proposed new landscaping, planting, seeding or turfing;

              (f)          the proposed means of foul water disposal; and

              (g)         a timetable for the implementation of the above works.

 

              The approved Scheme shall have been carried out in full, and completed in accordance with the approved timetable. unless otherwise agreed in writing by the Local Planning Authority. Following the implementation of the approved Site Development Scheme specified in this condition, the works thus carried out shall thereafter be retained and maintained and shall remain in use throughout the lifetime of the development.

 

              Reason: To achieve an appropriate landscaping scheme to integrate the development into the landscape and mitigate any impact upon the amenities of neighbouring properties, in accordance with policies CS12 and CS16 of the Havant Borough Local Plan (Core Strategy) 2011 and the NPPF.

           

6            Prior to the use commencing any gates or other obstruction to the passage of vehicles on the access shall be a minimum of 12m measured from the nearside edge of carriageway of the adjacent highway.

 

              Reason: To safeguard the amenities of the locality and in the interests of traffic safety and having due regard to policies CS16 and DM10 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

 

7            Prior to the use hereby permitted commencing the access shall be improved as indicated on the approved plan HAYLING 03 REV D by the provision of a 4m. radius on the north side and visibility splays of 2.4m. x 33m. to the north and 43m. to the south. Anything other than street furniture shall be removed from the splays and they shall be maintained at all times thereafter.

 

              Reason: To safeguard the amenities of the locality and in the interests of traffic safety and having due regard to policies CS16 and DM10 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

 

8            Development shall proceed in accordance with the ecological mitigation measures detailed within the Ecological Assessment of Impacts on Brent Geese Report (HES, January 2018) unless otherwise agreed in writing by the Local Planning Authority. All avoidance and mitigation features shall be permanently retained and maintained in accordance with the agreed details

 

              Reason: To protect biodiversity in accordance with the Conservation Regulations 2010, Wildlife & Countryside Act 1981, the NERC Act (2006), NPPF and Policy CS 11 of the Havant Borough Local Plan (Core Strategy) 2011, in order to provide ecological protection and enhancement in accordance with the Wildlife & Countryside Act 1981, NERC Act 2006, NPPF, Policies DM23 and DM24, CS21 of the Havant Borough Local Plan (Allocations) 2014, and the NPPF.

             

9            Prior to the occupation of any relevant part of the permitted development, a Flood Warning and Evacuation Plan to ensure the safety of residents/occupiers in the event of a flood or tidal occurrence shall be submitted to and approved in writing by the Local Planning Authority. The Flood Warning and Evacuation Plan shall be implemented in accordance with the approved details. 

 

              Reason: To ensure the safe evacuation of residents in accordance with Section 9 of the Planning Practice Guidance to the National Planning Policy Framework (NPPF) for Flood Risk and Coastal Change and Policy CS15 Flood and Coastal Erosion Risk of the Havant Borough Local Plan (Core Strategy) 2011.

           

10          Prior to the commencement of development, details including methods of protection in order to protect the public sewer which runs across the site shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details. 

 

                 Reason: To ensure adequate provision for drainage in accordance with the NPPF and in accordance with policy CS15 of the Havant Borough Local Plan (Core Strategy) 2011.

 

11          The development hereby permitted shall not be occupied until:

 

              a)          A water efficiency calculation in accordance with the Government's National Calculation Methodology for assessing water efficiency in new dwellings has been undertaken which demonstrates that no more than 110 litres of water per person per day shall be consumed within the development, and this calculation has been submitted to, and approved in writing by, the Local Planning Authority;

 

              b)          A mitigation package addressing the additional nutrient input arising from the development has been submitted to, and approved in writing by, the Local Planning Authority. Such mitigation package shall address all of the additional nutrient load imposed on protected European Sites by the  development when fully occupied and shall allow the Local Planning Authority to ascertain on the basis of the best available scientific evidence that such additional nutrient loading will not have an adverse effect on the integrity of the protected European Sites, having regard to the conservation objectives for those sites; and

 

              c)           All measures forming part of that mitigation package have been provided to the Local Planning Authority.

              Reason: There is existing evidence of high levels of nitrogen and phosphorus in the water environment with evidence of eutrophication at some European designated nature conservation sites in the Solent catchment. The PUSH Integrated Water Management Strategy has identified that there is uncertainty as to whether new housing development can be accommodated without having a detrimental impact on the designated sites within the Solent. Further detail regarding this can be found in the appropriate assessment that was carried out regarding this planning application. To ensure that the proposal may proceed as sustainable development, there is a duty upon the local planning authority to ensure that sufficient mitigation for is provided against any impacts which might arise upon the designated sites. In coming to this decision, the Council have had regard to Regulation 63 of the Conservation of Habitats and Species Regulations 2017, Policy CS11 of the Havant Borough Local Plan (Core Strategy) 2011 and Policy E14 of the Pre-Submission Havant Borough Local Plan 2036.

 

Supporting documents: