DONCASTER METROPOLITAN BOROUGH COUNCIL by 74BvJ1

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									               DONCASTER METROPOLITAN BOROUGH COUNCIL


                         PLANNING COMMITTEE - 19th July 2011


Application         02

Application     11/01398/4FUL            Application      22nd July 2011
Number:                                  Expiry Date:

Application     Planning FULL (DMBC Reg 4)
Type:

Proposal        Change of use of land for siting of 4 relocatable buildings (12.2m x 2.5m
Description:    approx.), 2 relocatable buildings (6.1m x 2.5m approx.) and 1 mobile
                home (being application under Regulation 4 Town and Country Planning
                (General) Regulations 1992)

At:             Carcroft Motorcycle Park Bentley Moor Lane Carcroft Doncaster

For:            Mr Eddie Todd


Third Party Reps:        0                  Parish:

                                            Ward:         Adwick

Author of Report                Teresa Hubery

MAIN RECOMMENDATION:            REFUSE
1.0 Reason for Report

1.1 The application is presented to Planning Committee due to the land being within the
ownership of Doncaster Council. Also, the proposal, if approved, represents a departure
from the Development Plan due to the sites location within the Green Belt.

2.0 Proposal and Background

2.1 The application seeks permission to change the use of land to site one mobile home
and six re-loctable buildings in connection with the existing use of land as a motorcycle
park.

2.2 The application has been submitted by the tenant of the land, which is managed by
the Council’s Communities Directorate.

2.3 The land is a former landfill site and was identified as being a suitable location to
develop a motorcycle park and planning permission was approved (01/01/1731/P) on 16th
September 2002 for the use and a storage building. The storage building was never
developed however, an application was submitted in 2005 and approved on 11th February
2011 for the retention of office accommodation, storage building and toilet block used in
connection with the motorcycle park.

2.4 The area of land including the access, track and woodland totals 7.8 hectares.
Vehicular access is served off Bentley Moor Lane using the same access as the waste
and recycling centre. The site is bounded by green palisade fencing and storage
containers are on site along the southern boundary.

3.0 Relevant Planning History

05/02832/3RET - Granted 11th February 2011.
Retention of office accommodation, two industrial storage containers (10m x 20m) and
one toilet block used in connection with Motorcycle Park (Being application under
Regulation 3 Town & Country Planning (General) Regulations 1992).

01/1731/P - Granted 16th September 2002.
Change of use of land from landfill site to off-road motorcycle training and sports facility
with erection of storage building (10.0m x 20.0m).

4.0 Representations

4.1 No third party responses have been received.

5.0 Parish Council

5.1 There is no Parish Council for this area.

6.0 Relevant Consultations

6.1 Environment Agency has not objected to the proposal. However, they have offered
informative advice on the drainage, groundwater and land contamination.
6.2 The Council’s Environmental Health Pollution Control officer has commented stating
that as the as land lies on a landfill site standard informatives are requested with regards
disposal of contaminated materials if found on site and any developments near landfill
sites.

6.3 Dun Drainage Commissioners has raised no objections but has commented that the
Authority must be satisfied that the drainage systems will operate satisfactory.

6.4 South Yorkshire Fire & Rescue Service has no objections.

6.5 Yorkshire Water has raised no objections.

6.6 The Council’s Drainage Engineer’s have been consulted and have no comments to
make as the site is within the Operating Authority boundary of Internal Drainage Board.

6.7 The Council’s Trees and Hedgerow’s officer have no objections but have suggested
that some boundary landscaping may be appropriate to soften views across the flat land
from Bentley Moor Lane itself.

7.0 Relevant Policy and Strategic Context

7.1 National Planning Policy relevant to the consideration of this application includes:-
PPS 1: Planning Policy Statement 1: Delivery Sustainable Development
PPG 2: Planning Policy Guidance 2: Green Belts
PPS 7: Planning Policy Statement 7: Sustainable development in Rural Areas
PPS 25: Planning Policy Statement 25: Development and Flood Risk

7.2 Local Planning Policy relevant to the consideration of this application includes:-
Unitary Development Plan (Adopted July 1998) (UDP)
ENV 1 - Green Belt Designation
ENV 3 - Development in Green Belt
ENV 7 - Recreation and Leisure Developments

8.0 Planning Issues and Discussion

8.1 The main issues relate to (i) whether the development forms inappropriate
development and encroaches into and detracts from the openness to the Green Belt (ii)
whether the changes to the enterprise demonstrate a functional need for a dwelling and
(iii) Flood Risk.

Development in Green Belt

8.2 The site is within designated Green Belt as allocated in the Doncaster Unitary
Development Plan (Adopted 1998). Within the Green Belt there are very strict controls
over new development to prevent urban sprawl and keep land permanently open. Local
and national policies advocate a presumption against inappropriate development in the
Green Belt. Development in Green Belt is therefore not normally permitted, except in very
special circumstances.
8.3 Paragraph 3.12 of Planning Policy Guidance Note 2: Green Belts, indicates that the
making of any material change in the use of land is inappropriate development unless
openness is maintained and there is no conflict with the purpose of including land in the
Green Belt.

8.4 Local Policy ENV 3 of the UDP supports and reinforces this, stating that development
will not be permitted for purposes other than those set out in criteria a-f. Criteria a-f relate
to agriculture, forestry uses; outdoor recreation and leisure uses; cemeteries and other
uses of land; limited infilling in existing villages; re-use of existing buildings; and the
replacement, limited extension, alteration or replacement to an existing dwelling. The
proposal could be regarded as falling within criteria (b), which states that outdoor sport
and outdoor recreation including essential facilities are acceptable subject to the
limitations in ENV 7, any appropriateness would be limited to the essential facilities. ENV
7 states that within Green Belt the development of essential facilities for outdoor sport and
outdoor recreation including small ancillary buildings and other essential facilities will be
permitted provided the development is genuinely required.

8.5 This site has an existing permission to operate as the motorcycle park and was
considered acceptable due to the restoration and regeneration of the site. A long standing
application was recently approved for the retention of storage buildings; office and toilet
block to be used in connection with the site when it was a Council run site. These
buildings were justified in connection with the recreational use of the site and did not have
a harmful effect on the openness of the Green Belt.

8.6 This site is now leased to a tenant, who is proposing to regenerate the existing use to
include outdoor activities and recreation facilities such as camping, cycling, horse riding,
boot camp training, and leisure courses, such uses may require a separate consent. Due
to on-site security issues, the tenant is also proposing a mobile home. The mobile home
has a chalet type appearance and measures 11.6m x 6.0m. The proposal also includes
the siting of 6 re-locatable buildings, 4 measuring 12.2m x 2.5m and 2 measuring 6.1m x
2.5m to be used for office, storage, toilet/changing facilities and the use of an on-site café
all in connection with the established use.

8.7 The siting of additional cabins may be regarded as reducing the openness of the
Green Belt, however, due to their temporary nature and the connection with the existing
use, they are considered to be acceptable. The visual impact of the storage containers is
lessened due to their position and appropriate screening could also lessen this impact.

Functional Need for the Mobile Home

8.8 The principle of siting a mobile home within the Green Belt may be appropriate within
the Green Belt subject to the limitations outlined in Policy ENV 3 and ENV 5. ENV 5
concerns agricultural dwellings generally. Policy ENV 5 states that new dwellings in the
Green Belt will be permitted where a genuine agricultural or forestry reason can be
demonstrated and wherever possible the dwelling is located within the curtilage of the
source of employment and is adjacent to existing buildings. New dwellings shall also be
subject to an appropriate occupancy condition. New dwellings will only be acceptable in
principle where they would not be visually detrimental by reason of their siting, materials,
or design, and would not give rise to unacceptable highway or amenity problems and
would not conflict with other policies of the UDP.

8.9 There may be instances where special justification exists for new isolated dwellings
associated with rural based enterprises. In these cases, the enterprise itself, including
any development necessary for the operation of the enterprise, must be acceptable in
planning terms and permitted in that rural location, regardless of the consideration of any
proposed associated dwelling. Local Planning Authorities should apply the same stringent
levels of assessment to applications for non agricultural or forestry related occupational
dwellings as they apply to applications for agricultural and forestry workers’ dwellings.

8.10 The issue is whether there is need for a new dwelling on the site demonstrated
against the criteria outlined as follows in the annex that accompanies Planning Policy
Statement 7 (PPS7), PPS7 does allow for ‘other’ occupancy dwellings to support nes
business. i) There is a clearly established existing functional need, ii) The need relates to
a full-time worker, or one who is primarily employed at the activity and does not relate to a
part-time requirement; iii) The unit and the activity concerned have been established for at
least three years, have been profitable for at least one of them, are currently financially
sound, and have a clear prospect of remaining so; iv) The functional need could not be
fulfilled by another existing dwelling on the unit, or any other existing accommodation in
the area which is suitable and available for occupation by the workers concerned; and v)
Other planning requirements, e.g. in relation to access, or impact on the countryside, are
satisfied.

8.11 In this proposal, the only claim for a need is generated from on site
supervision/security. The protection of equipment stored on site from theft by intruders
may contribute to the need for a new dwelling, although it will not by itself be sufficient to
justify a dwelling, security maybe a contributing factor. In the design and access
statement the case has been made for the need to protect the site given the value of the
machines, this is not a sufficient reason on its own for the need of a dwelling. The site
could be protected via CCTV or an on site evening/night security guard and/or security
dogs when the site is not in use, in which case a mobile touring caravan could be
acceptable. The full time residential use is therefore not acceptable and warrants refusal.

8.12 The security functional need is noted, however this alone is an insufficient
justification and therefore not considered as a very special circumstances. The
application is therefore considered to be contrary to Policy ENV 3 of the Doncaster Unitary
Development Plan (adopted 1998) and Planning Policy Guidance Note 2: Green Belts.

Flooding

8.13 The application site lies within Flood Risk Zone 3 as identified on the Environment
Agency Flood Risk Maps. Within such areas, a Sequential Test must be carried out. A
Sequential Test consists of information gathered to identify if other reasonably available
sites exist which are currently on the market and are at a lower risk of flooding (i.e. are
within Zones 1 or 2). It is the responsibility of the applicant to provide the necessary
information.
8.14 A residential dwelling in a Flood Risk area would normally be subject to a sequential
test and given the availability of Housing Land in Zone 1, this covers the current five year
period and the test would undoubtedly fail. However, if a functional need was proven then
the test may not be applied. The application does not, in this case, demonstrate a
functional need and fails the sequential test.

9.0 Summary and Conclusion

9.1 The application site is located in an area designated as Green Belt in the Doncaster
Unitary Development Plan (Adopted July 1998). Although, the use is established and the
siting of additional buildings are acceptable, the proposed residential mobile home is not
considered an appropriate use within the Green Belt and insufficient justification has been
demonstrated to show very special circumstances for the development. As such the
proposed development is considered to be inappropriate development and contrary to
Policy ENV3 of the Unitary Development Plan and PPG2: Planning Policy Guidance 2:
Green Belts. As the application is all interconnected, the refusal of one element i.e. the
mobile home, means that the application in its entirety is refused, as the applicant is
unwilling to separate the uses.

The above objections, considerations and resulting recommendation have had
regard to Article 8 and Article 1 of the First Protocol of the European Convention for
Human Rights Act 1998. The recommendation will not interfere with the applicant’s
and/or objector’s right to respect for his private and family life, his home and his
correspondence.


RECOMMENDATION

Planning Permission REFUSED

In the opinion of the Local Planning Authority, the proposed mobile home is regarded as
being inappropriate development within the Green Belt. The application has failed to
demonstrate sufficient very special circumstances through the functional need in order to
out weigh the harm caused by inappropriateness. The application is therefore contrary to
ENV3, ENV 5 of the Doncaster Unitary Development Plan (Adopted July 1998) and PPG2:
Planning Policy Guidance 2: Green Belts and PPS7: Planning Policy Statement 7:
Sustainable development in Rural Areas.
Appendix 1 – Google Earth Location Plan




Appendix 2 – Site Plan (1:500)




Appendix 3 – Site Plan (Arrangement of Cabinets and Mobile Home)
Appendix 4 – Elevations of Mobile Home




Appendix 5 – Elevations of Re-locatable Cabins

  2 proposed - (6.1m x 2.5m)                     4 proposed - (12.2m x 2.5)




Appendix 6 – Site Photographs
View of site from Bentley Moor Lane




View from inside the site looking back towards entrance




View from inside site looking north at circuit track

								
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