Agenda item

The Committee considered application P/FUL/2002/01864 for a seasonal change of use for parking of catering vehicles, providing a dining area and siting of associated temporary at Kimmeridge Car Park, Kimmeridge Bay.

 

With the aid of a visual presentation, and taking account the detail in the report, officers provided context of what the main proposals, principles and planning issues of the development were, taking into account the policies against which this application was being assessed.

 

Plans and photographs provided an illustration of how the development was to look – including its design, dimensions, configuration and appearance; the characteristics of the locality; access, rights of way and highway considerations; environmental and land management considerations; landscaping and screening issues; and the development’s setting within that part of Kimmeridge. The development would create 15 seasonal jobs and make a valued contribution to the local economy. Contrasting and comparative photographs showed the site, and its use, both inside and outside of the holiday/tourist summer season.

 

Officers showed the development’s relationship with Kimmeridge village, the coast, shoreline and countryside, with the characteristics and topography of the site being shown, particularly the openness and isolation of the site and its relatively pristine state. Views around the site – and from where the development could and could not be seen - were shown, which provided a satisfactory understanding of all that was necessary. The site had previously been used for such purposes as being proposed but only on a temporary and largely informal basis, under permitted development rights.

 

Particular environmental considerations and constraints were that the site was within the Purbeck Heritage Coast; near Grade II listed buildings; adjacent to UNESCO World Heritage Site; within the Dorset AONB; within a Minerals and Waste Safeguarding Area and had a series of Public Rights of Way across the site. These considerations about a locally and nationally important natural landscape, were integral to the recommendation being made by officers.

 

The Council’s Landscape Architect explained that the scale of the development and its duration would materially impact on how the landscape was experienced: in seriously compromising the openness and isolation of this environmentally sensitive and distinctive, yet popular, area the proposal would adversely affect its natural attractiveness. Moreover, there were no readily available screening measures which could be used to diminish its visual impact. On that basis there was an objection to the proposal due to the reduced tranquillity and formalisation of the area; that it failed to maintain the character of the undeveloped coast and failed to protect a valued landscape.

 

The assessment made by officers in coming to their recommendation – and in taking into account the County Landscape Officer’s views - were drawn to the attention of the Committee, with the proposal being considered to be unacceptable in relation to material planning considerations as the proposed development was considered to result in harm to the local character of the site and the character of the Area of Outstanding Natural Beauty by virtue of developing a piece of land in a sensitive location that was otherwise characterised by its isolation and openness. The benefit arising from the creation of part-time seasonal employment was not seen to be sufficient to outweigh the harm. These assessments formed the basis of the officer’s recommendation to refuse the application.

 

The opportunity was provided for speakers to address the Committee.

Emma Vearncombe, owner and operator of Clavell Restaurant, who made the case for the application being approved in that it would create jobs and benefit the local economy – not only by those using the facility but in that the produce supplied would be locally sourced and produced. It was designed to enhance the experience of those visiting the bay in providing what they might well expect from a venue such as that.

 

A statement by the Chairman of Kimmeridge Parish Council was drawn to the attention of the Committee extoling the virtues of the proposal in the same terms as the applicant had described. It considered that an amenity such as this would be welcomed and appreciated by those visiting and meet a need that was readily acknowledged.

 

Brett Spiller, the agent, reinforced what the applicant had said in that the development would provide a much needed facility at this busy and popular area.

 

The local Ward member, Councillor Cherry Brooks, was supportive of the application too in its benefits to the local economy, had the necessary facilities nearby and had the support of the Parish council and the Estate landowner. On that basis, she asked that the application be approved.

 

Having heard what was said, officers responded to some of the pertinent issues raised, being confident that each could be addressed accordingly. Members were reminded that beyond the physical arrangements, the nature of the operation, such as the provenance of produce, could not reasonably be controlled.

 

 

The opportunity was then given for members to ask questions of the presentation and what they had heard, in seeking clarification of aspects so

as to have a better understanding in coming to a decision.

 

Some of the important points raised and what conditions should be imposed in any grant of permission, the majority of which they considered still required clarification, were:-

·        the need for such a facility and how it was to be managed

·        how visable would it be from various viewpoints

·        what would be the configuration of the site

·        what would its footprint be

·        whether there would be a need for a service column on site

 

·        what landscaping and screening could be achieved and what were the limitations of this

·        what nuisance or disturbance impact there could be

·        what would be the colour of the canopy

·        how traffic would be managed, access and parking arrangements and how the car park would be used

·        what arrangements there were for the erection and dismantling of any fencing so that the site was returned to its pristine state between seasonal use

·        how long any permission would be limited to, so as to be able to assess how it was being managed

·        what the period would be in which activities were able to take place i.e 1st May to 30th September each year. 

·        what the hours would be in limiting the serving of food or drink i.e between 10.00am to 6.00pm.

·        how power to the facility would be provided and that there should be no generators permitted

·        what facilities would be on site - in that this should be limited to no more than 4 no. service trailers, one service box and one toilet structure on site – and the materials used i.e. all structures should be clad in wood.

·        what the positioning of the structures and covers for the restaurant should be and the numbers anticipated

·        confirmation that only one canopy should be erected on the site with its size and positioning within the site being determined.

·        what the use of the site should be limited to i.e. use as a restaurant within Class E(b) only and for no other purposes – with no takeaway provision permitted.

·        confirmation that no music should be performed or broadcast on the site

·        what provision there was for the disposal of waste and foul water 

·        what provision there was of facilities for the storage and removal of refuse.

 

Officers addressed the questions raised – and provided what clarification was needed - providing what they considered to be satisfactory answers, which gave the Committee a clear understanding of what this entailed.

 

Whilst acknowledging the officer’s recommendation and the input from the Landscaping officer and the reasoning for this, from debate, the majority of the Committee considered the proposal would provide an economic benefit to the locality, provide employment opportunities and would provide a facility that those visiting the bay might well appreciate and would naturally come to expect, as was the case elsewhere. Members considered that the cumulative effect of these benefits outweighed the seasonal harm to the landscape quality which had been identified by officers.

 

The Committee also agreed the general conditions which they considered would make the proposal acceptable, with the precise wording of these being delegated to officers – after consultation with the Chairman and Vice-Chairman – to formalise and finalise. The temporary nature of the permission- for two years- was judged necessary to allow the Council, as the Local Planning Authority, to further assess the visual impact on the AONB, noise impacts and traffic displacement following the commencement of the business in the form proposed. An informative note would cover signage and the assurance that the footpaths and road to the oilwell remained unobstructed.

 

Having had the opportunity to discuss the merits of the application and an

understanding of all this entailed; having taken into account the officer’s report

and presentation; the written representation; and what they had heard at the

meeting, in being proposed by Councillor Shane Bartlett and seconded by Councillor David Morgan on being put to the vote, the Committee agreed – unanimously - to grant temporary permission subject to appropriate conditions - to be assessed, determined and agreed by officers after consultation with the Chairman and Vice-Chairman.

 

Resolved

That planning application P/FUL/2022/01864 be granted permission subject to appropriate conditions – assessed, determined and agreed by officers after consultation with the Chairman and Vice-Chairman – these being:-

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

    Reason: This condition is required to be imposed by Section 91 of the Town and Country Planning Act 1990 (as amended).

2. The development hereby permitted shall be carried out in accordance with the following approved plans: 3180_L_LP_0_01, 3180_L_SLO_02, 3180_L_ELE_0_01 rev B, 3180_L_ELE_0_01 rev C and 3180_L_SL_0_01 rev C

    Reason: For the avoidance of doubt and in the interests of proper planning.

3. Within four weeks of commencement, the applicants shall provide written notice to the Local Planning Authority of the date that the operation commenced.

    Reason: To enable the use to be controlled in the interests of the Dorset Area of Outstanding Natural Beauty.

4. This permission is limited to a period of 2 years from the date of commencement of the approved development after which the use hereby permitted shall cease and the land reinstated to grassland.

    Reason: To reserve to the Local Planning Authority control over the long term use of the land in the interests of the Dorset Area of Outstanding Natural Beauty and to monitor the noise impact and the impact of the displacement of traffic.

5. This use hereby granted shall only take place from 1st May to 30th September each year.  Outside of this period the use shall cease and all associated structures and vehicles shall be removed from the site. Sufficient fencing will be removed to allow the land to be used as a car park. The land shall be reinstated to its previous condition by means of seeding any areas damaged by the structures and vehicles.

    Reason: To protect the character of a sensitive landscape and ensure that it is restored at the end of each season

6. The premises shall not serve food or drink outside the hours of 10.00am to 6.00pm.

Reason: To safeguard the character and amenity of the area and living conditions of any surrounding residential properties.

7. No generators shall be installed on the site in connection with the approved development at any time.

    Reason: To protect the character and amenity of the area and to safeguard the amenity of neighbouring residents.

8. There shall be no more than 4 no. service trailers, one service box and one toilet structure on site. All these structures shall be clad in wood. All structures and covers for the restaurant shall be positioned within the area shown in drawing ref. 3180_L_SL_0_01 rev C, demarcated by the post and rope fencing and shall not be placed anywhere else within the application site.

    Reason: In the interests of protecting the character of a sensitive landscape.

9. Only one canopy shall be erected on the site. Its size and positioning within the site shall be in accordance with the details provided in drawing 3180_L_SL_0_01 rev C. The colour and material shall be in accordance with the details submitted with the application.

    Reason: To safeguard the character of the site, which is in a sensitive location.

10. The use of the site hereby approved shall be limited to use as a restaurant within Class E(b) only and for no other purposes. The restaurant must not offer a takeaway service.

    Reason: To protect the character of the sensitive landscape and to prevent litter from a takeaway use damaging the surrounding environment.

11. No music shall be performed on the site, nor shall an amplified sound system be used within the site.

    Reason:  In order to protect the living conditions of surrounding residential properties.

12. Prior to the first use of the restaurant details of the disposal of waste and foul water for the site shall have been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented prior to the first use of the development and thereafter maintained.

    Reason: To ensure adequate facilities are provided in the interests of flooding and pollution.

13. Prior to the first use of the restaurant details of facilities to be provided for the storage and removal of refuse from the premises shall be submitted to and approved by the Local Planning Authority.  These facilities shall be provided before the restaurant is first open and shall be provided whenever the restaurant is in operation thereafter.

Reason:  In the interests of the amenities of the area

 

Reasons for the Decision

1) The development proposal, subject to appropriate conditions, would provide a seasonal catering facility improving visitors’ experience and contributing to the local economy. These benefits outweigh the limited harm that is anticipated to landscape quality.2) A temporary permission for two years will provide the necessary control to enable the Local Planning Authority to assess the impacts of the proposal on the AONB, any noise impacts and issues with parking displacement should the applicants wish to continue their operations.