Minutes:
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.
Supporting documents: