Agenda item

To consider a report by the Head of Planning.

 

The Committee considered application 3/20/0269/FUL for the erection of five cabins with associated 'open' enclosures each to be occupied by a private collection of pet animals kept incidental to the enjoyment of Slough House (a dwelling-house) as such at Slough House, Slough Lane, Horton, Wimborne, the site being located within the Green Belt.

 

Officers explained that it was proposed to erect five wooden cabins, with adjoining enclosures, on land to the east of Slough House for use by the applicant’s pet animals, understood to be a collection of primates. The cabins and mesh enclosures varied in footprint. Whilst the cabins and outdoor enclosures conformed to the dimensions controlling permitted development, in the interests of the character of the area, it was proposed to site the structures in front of the dwelling house - where permitted development rights did not apply - in an area which was well screened by a mature hedge. Given the circumstances for having to find alternative and suitable accommodation for their family and pets in a relatively short space of time, due to the compulsory purchase of their current property and the necessity to do so, the applicant had chosen this property on the basis that it would be able to meet their particular practical and business needs and offered them an assured location to achieve this. This was the basis for their justification that very special circumstances existed.

 

With the aid of a visual presentation, officers provided context of what the main proposals, principles and planning issues of the development were; why it was necessary and what it was designed to achieve – in providing a practical means of meeting their need to rehome their pets; what benefits it would bring to the applicant; how it was to be managed; how it would look; and what this entailed. Plans and photographs provided an illustration of the location; what works were necessary to provide for the enclosures; their size, design and appearance; access arrangements; and its setting within the village of Horton and wider landscape - which was incorporated within the Green Belt. The characteristics and topography of the site was shown and its relationship with residential properties; amenities and the highway network. Views into the site and around it were shown, which provided a satisfactory understanding of what the application entailed.

 

The planning history of the site was explained in that a series of applications had been made previously on the basis of similar proposals, all of which had been refused as being inappropriate development in Green Belt. An appeal made to the Planning Inspectorate had also subsequently failed. This application was designed to be more modest and compatible with the provisions necessary for Green Belt development and was accompanied by supporting documentation which sought to confirm that very special circumstances existed.

 

The officer’s recommendation was for refusal of the application on the grounds that the proposed development lay within the South East Dorset Green Belt and, as such, only particular types of development, set out in the National Planning Policy Framework, could be permitted. The proposed outbuildings represented inappropriate development which would result in harm to the openness of the Green Belt contrary to the provisions of the National Planning Policy Framework - paragraphs 133-134 and 143-146. Moreover, it was the officer’s assessment that no very special circumstances had been demonstrated which would outweigh the potential harm to the Green Belt by reasons of inappropriateness and impact on the openness of the Green Belt. Overall, it was considered that the loss of openness, although reduced from that previously refused, would remain moderate. This held substantial weight against the proposal.

 

As the proposal was inappropriate development, it was then necessary to consider whether there was any other harm arising prior to considering whether very special circumstances existed. Although this application for 5 cabins and enclosures had, modestly, reduced the harm to the openness of the Green Belt since previous refusals, the proposal still remained inappropriate development in the Green Belt. The circumstances of the application had not demonstrably altered since the previous appeal was dismissed; additional information submitted in relation to the extensive nature of the search for an appropriate dwelling and a pending s192 lawful development certificate application were insufficient to

demonstrably alter the weight that could be given in favour of the proposal.

Without very special circumstances that would clearly outweigh the harm to Green Belt, the application failed to accord with national Green Belt policy. On that basis, officers were recommending refusal of the application.

 

Formal consultation had generated no objections, Knowlton Parish Council included. However, several third-party objections had been received on the grounds that the proposals would have an adverse impact on Green Belt, given that a very similar to previous application had been dismissed at appeal and there were no very special circumstances; there would be an adverse impact on neighbouring amenity and footpath users from disturbance, hygiene and pollution; the principle of the proposal and the welfare of the animals were of concern given the design, size and number of cabins proposed; and that there remained concern about security.

 

The Committee were then notified of those written submissions received and officers read these direct to the Committee - being appended to these minutes. Having heard what was said, officers responded to some of the pertinent issues raised, being confident that each one could be addressed by the provisions of the application and the assessments made.

 

The opportunity was given for members, and particularly the local Ward member – Councillor David Tooke - to ask questions of the presentation and what they had heard, so as to have a better understanding of what the application entailed.

 

Officers addressed the questions raised, providing what they considered to be satisfactory answers based on the assessments made, the material planning considerations applicable and for the reasons set out in their report and presentation.

 

Some members had reservations at what was being proposed, on the basis of the reasoning and recommendation made by officers in their report and in being reinforced by the presentation. Moreover, the Inspector’s judgement had not necessarily been made on the size of the development but on the principle of the development.

 

Other members – including the local ward Member - were of the opinion that the applicant had demonstrated very special circumstances in that given the necessity for them to identify a suitable, appropriate and practical site to be able to accommodate their pets and still be accessible to run their business successfully in a very short time scale, there appeared to be no practical alternative that could meet their needs or address their circumstances adequately. Moreover, in a practical sense, the materials to construct the cabins were in keeping and would not be permanent, their siting would not be intrusive or conspicuous, being modest in their dimensions and; demonstrable harm could not be afforded to the usage of the footpath on the perimeter of the site, with the cabins being well screen from view. Overall those members considered that the application could not be considered detrimental to the impact on the Green Belt and were necessary to meet the very particular needs of the applicant and the circumstances in which they found themselves.

 

However the Solicitor reminded members that the basis of the officer’s recommendation was that, after very careful assessment and thorough investigation of the evidence, it was established that the application did not meet any of the categories in the NPPF which could be considered very special circumstances in the Green Belt. The Planning Officer confirmed that the Inspector’s decision was also integral to the recommendation being made, and this application was of similar nature so it was essential to ask what was new that justified coming to a different view.

 

The local Ward Member attested that that decision and previous refusals had been made on a wholly different application in terms of numbers of cabins, their location and how they would be viewed. This more modest application addressed those issues and therefore overcame those concerns. A judgement was now being made on these circumstances.

 

Having had the opportunity to discuss the merits of the application, having understood what was being proposed and the reasoning for this; having taken into account the officer’s report and presentation, the written representations; and what they had heard at the meeting, particularly the views local ward Member, the Committee were satisfied in their understanding of what the proposal entailed and the reasoning for this.

 

The Committee considered that, notwithstanding the assessments made by

officers that the proposal represented inappropriate development in the Green Belt and that no very special circumstances had been demonstrated which outweighed the harm to the Green Belt, they could not agree to what was being recommended on the basis that, compared to the previous scheme that was dismissed at appeal, the impact on openness had been reduced following the removal of one of the proposed cabins/enclosures from the proposal and their rearrangement on the site and, given this, considered that the very special circumstances put forward by the applicant did now outweigh the harm to the openness of the Green Belt.

 

On that basis – and being proposed by Councillor David Tooke and seconded by Councillor Shane Bartlett, on being put to the vote, the Committee agreed by 5:4 that the application should be approved, subject to the following conditions:-

Commencement

-        Approved plans

-        Materials

-        Species of animal to be restricted to existing animals owned

-        No private viewings

-        No more than 5 enclosures for pets on the site

 

with Delegated Authority being given to officers to issue the decision following agreement on the final wording of the conditions with the Chairman, Vice-Chairman and the relevant legal representative, prior to issue.

 

Resolved

That planning permission be granted for application 3/20/0269/FUL, subject to conditions to control:-

-        Commencement

-        Approved plans

-        Materials

-        Species of animal to be restricted to existing animals owned

-        No private viewings

-        No more than 5 enclosures for pets on the site

 

Officers had Delegated Authority to issue the decision notice following agreement on the final wording of the conditions with the Chairman, Vice- Chairman and the legal representatives, prior to issue.

 

Reasons for Decision

That the very special circumstances put forward by the applicant did now outweigh the harm to the openness of the Green Belt.