B - Camping Exemption Certificate, Woodcraft Folk, Park Farm by Anarbor


									                          Chichester District Council
                Area Development Control Committee (North)
                            14 December 2005

                       Camping Exemption Certificate
                    Woodcraft Folk, Park Farm, Lurgashall

1.    Contact(s)

      Steve Carvell Head of Development and Building Control Services. Direct Line:
      01243 534569. E-mail: scarvell@chichester.gov.uk

2.    Recommendation

2.1   That Members note the current position and possible future scenarios.

3.    Main Report

3.1   Members are referred to the report to Committee on 13 April 2005 which advised of
      the intention by DEFRA to withdraw the Certificate of Exemption held by the
      Woodcraft Folk.

3.2   Confirmation has now been received that the Certificate is withdrawn as from 23
      November 2005 (see attached letter from DEFRA dated 23 November 2005) leaving
      the position on this site generally as follows:

      The Land (outlined in black on the attached plan)

         A tented camping site licence under S 269(1) of the Public Health Act 1936 is not
          required for the use of the site as a camp site for up to 42 days consecutively or 60
          days in total in any twelve consecutive moths. At the time of writing this report,
          officers in Environmental Health have not received an application for a site
         In planning terms the use of the land as a camp site for 28 days or less in any
          calendar year does not require a grant of planning permission by the Council and
          may take place as a temporary use of land (Schedule 2, Part 4 – General Permitted
          Development Order 1995).

      The Buildings and Curtilage (shown hatched on attached plan)

         The buildings and curtilage have not previously been the subject of formal action
          by the Council and whilst this part of the site does not benefit from temporary use
          of land permitted development the Council has accepted that through time, some
          development of the buildings and use of the curtilage (including the swimming
          pool) have become immune from planning enforcement action.

3.3   The decision by DEFRA to withdraw the Exemption Certificate does not necessarily
      mean therefore that tented camping or Woodcraft Folk activities at the site will cease.
      In planning terms the organisation will be able to take advantage of the 28 day
      temporary use of land rights set out above and it is for the Woodcraft Folk to consider
      whether a site licence or planning permission is required.

3.4   Officers have contacted the Woodcraft Folk to establish their intentions but in the
      current absence of any clear information, the following planning scenarios are

         The Woodcraft Folk cease using the site and the Council takes no further action.
         The Woodcraft Folk continue to use the buildings and curtilage and on the basis
          that such development is immune, the Council takes no further action.
         The Woodcraft Folk rely upon 28 day permitted development rights to use the
          land for tented camping and the Council monitors the position and takes no further
          action unless the limitation is exceeded.
         The Council decides that notwithstanding permitted development rights it wishes
          to control tented camping uses at the site and resolves to issue a Direction under
          Article 4 of the General Permitted Development Order. This will mean in effect
          that planning permission will be required even for the 28 day use of land.
          Members should be aware that the Council was unsuccessful in 1989 when the
          Secretary of State refused to confirm an Article 4 Direction on the grounds of
          insufficient evidence.
         The Woodcraft Folk make a new application for an Exemption Certificate and
          unless the Council’s concerns are addressed satisfactorily, an objection be

3.5   Officers hope to have further dialogue with the Woodcraft Folk prior to the
      Committee meeting when an update will be provided.

4.    Background Papers

4.1   Letter from DEFRA dated 23 November 2005

5.    Appendices

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