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PLANNING BOARD – 30 OCTOBER 2008 ORGANFORD MANOR CARAVAN AND

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PLANNING BOARD – 30 OCTOBER 2008 ORGANFORD MANOR CARAVAN AND Powered By Docstoc
					      PLANNING BOARD – 30 OCTOBER 2008

      ORGANFORD MANOR CARAVAN AND CAMPING PARK – UNAUTHORISED STATIONING OF
      TWO STOREY STRUCTURE

1.    PURPOSE OF REPORT

      To consider serving an Enforcement Notice requiring the removal of an unauthorised two storey
      structure at Organford Manor Caravan and Camping Park

2.    THE SITE

2.1   The site is located at Organford Manor which is a manor house situated on the northern side of an un-named
      road which leads, from its junction with Wareham Road Organford (125m metres north of Organford Bridge),
      to the A35 (approximately 450 metres WNW of the Bakers Arms roundabout). The site, which falls from north
      to south, is screened from the road by a belt of trees between 10 and 15 metres in width. The caravan and
      camping park comprises two distinctive sites, Site B is located to the west of Organford Manor, and is not the
      subject matter of this report, site A is located to the south of Organford Manor and forms the subject of the
      current report.

2.2   The Camping and Caravan Park site lies within open countryside and within the South East Dorset Green
      Belt.

2.3   A plan of the property is attached as an Appendix showing the land edged in black.

3.    RECOMMENDATION

      It appears to the Board, having regard to the matters set out in the report, that there has been a breach
      of planning control, and that it is expedient, having regard to the provisions of the development plan
      and to other material considerations, to issue an Enforcement Notice requiring the permanent
      removal of the two-storey structure known as a “Mackworth Lodge VT” from Organford Manor
      Caravan and Camping Park within 3 months of the date upon which the Notice takes effect.

4.    BACKGROUND

4.1   In August 2008 the Planning Enforcement Officer received a complaint that a two-storey structure had been
      stationed at Organford Caravan and Camping Park a site for which planning permission had been granted on
      15 July 1976 to “Retain existing caravan site (Area ‘A’ on the submitted plan) for 45 static holiday
      caravans and up to 10 touring caravans and an area (shown ‘B’ on the submitted plan) for use by touring
      caravans and tents” (in this report referred to as the “1976 approval”).

4.2   The current report relates to an un-authorised structure within Site A of the planning approval detailed above.

4.3   The legal definition of a caravan was first formalised under Section 29(1) of the Caravan Sites and Control of
      Development Act 1960 (in this report referred to as the “1960 Act”) as:

      ‘any structure designed or adapted for human habitation which is capable of being moved from one place to
      another (whether by being towed or by being transported on a motor vehicle or trailer) and any motor vehicle
      so designed or adapted, but does not include:
      a) any railway stock which is for the time being on rails forming part of a railway system; or,
      b) any tent.’

4.3   Section 13 (1) of the Caravan Sites Act 1968 (in this report referred to as the “1968 Act” ) expands on the
      definition provided within the 1960 Act indicating that “caravan” may include:

      1.      A structure designed or adapted for human habitation which:

              a)       is composed of not more than two sections separately constructed and designed to be assembled on
                       a site by means of bolts, clamps or other devices, and

      (CF)(SB)(im) PB 301008 ORGANFORD MANOR CARAVAN AND CAMPING PARK
                                                                        1
              b)       is, when assembled, physically capable of being moved by road from one place to another (whether
                       by being towed, or by being transported on a motor vehicle or trailer), shall not be treated as not
                       being (or as not having been) a caravan within the meaning of the Caravan Sites and Control of
                       Development Act 1960 by reason only that it cannot lawfully be so moved on a highway when
                       assembled.

      2.      For the purpose of Part 1 of the Caravan Site and Control of Development Act 1960, the expression
              ‘caravan’ shall not include a structure designed or adapted for human habitation which fails within
              paragraphs (a) and (b) of the foregoing subsection if its dimensions when assembled exceed any of the
              following limits, namely:

              a)       Length (exclusive of any drawbar): 60 feet (18.288 metres).
              b)       Width: 20 feet (6.096 metres).
              c)       Overall height of living accommodation (measured internally from the floor at the lowest level to the
                       ceiling at the highest level: 10 feet (3.048 metres).

4.4   The definition of “caravan” has been further amended by the Social Landlords (Permissible Additional
      Purposes) (England) Order 2006 (Definition of Caravan) (England) Order 2006 (SI2006/2374) (in this report
      referred to as the “2006 Order”) which came into force on 1 October 2006. This order provides specific
      clarification on the maximum permitted dimensions for a caravan, indicating that a structure should not exceed
      a length of 65.616 feet (20 metres) or a width of 23.089 feet (6.8 metres). The floor to ceiling height of the
      internal living accommodation should not exceed a height of 10.006 feet (3.05 metres).

4.5   The site was investigated by the Planning Enforcement Officer in August 2008. A two-storey structure,
      hereafter referred to in this report the “Mackworth Lodge VT”, has been stationed within the confines of Site A
      of the Caravan Park with the following dimensions:

      •       Length 12.2 metres;

      •        Width 4.15 metres; and

      •       An Internal floor to ceiling height estimated at 4 metres extending between the ground floor and the first
              floor.

4.6   The local planning authority has invited the site owner to remove the “Mackworth Lodge VT” from the site, at
      the time of completing this report the two storey structure remains in situ.

4.7   The local planning authority has requested clarification from the site owners professional agent, through the
      production of evidence and documentation to support the assertion that the structure falls within the legal
      definition of a “caravan”. The result was that the Planning Enforcement Officer was referred to the
      manufacturers information sheet detailing points of compliance with BS 3632 for a residential park home.
      Whilst this may be correct, officers are of the opinion that this fact alone does not demonstrate that a 2 storey
      park home is exempt from planning control.

5.    DESCRIPTION OF BREACH OF DEVELOPMENT CONTROL

      Following consultation with the District Council’s solicitor, officers are of the opinion that the internal floor to
      ceiling height of the “Mackworth Lodge VT” exceeds the statutory limits specified by the 1960 Act as amended
      by both the 1968 Act and the 2006 Order. The 1976 approval clearly related to static “caravans” and holiday
      touring “caravans”. Officers consider that the “Mackworth Lodge VT” does not fall within the statutory
      definition of a “caravan” and therefore does not benefit from planning approval.

6.    PLANNING HISTORY

      The relevant planning history is set out in the Background Papers detailed below.

7.    PLANNING POLICIES RELEVANT TO THE EXPEDIENCY TO TAKE ENFORCEMENT ACTION

7.1   Purbeck District Local Plan Final Edition November 2004:-

      QL4                 Development in the Countryside
      (CF)(SB)(im) PB 301008 ORGANFORD MANOR CARAVAN AND CAMPING PARK
                                                                        2
       QL22                Landscape Character

       MN19                Touring Caravan and Camping Sites

7.2    Bournemouth, Dorset and Poole Structure Plan:-

       H.E                 Housing - Residential caravan sits to be treated as permanent residential development

       EN.F                Environment Quality and Diversity of Dorset Landscape

7.3    National Planning Policy Statements / Guidance:-

       PPS1                Delivering Sustainable Development - Protection and Enhancement of the Environment

       PPG2                Green Belts Presumption against inappropriate development and new buildings

       PPS7                Sustainable Development in Rural Areas

       PPG18               Enforcing Planning Control

7.10   The site has an authorised use for static holiday accommodation and touring caravans. Although the local
       planning authority could seek to remove the hardstanding on which it stands, the local planning authority
       recognises the “fall-back” planning position that a caravan could properly be stationed on the site currently
       occupied by the “Mackworth Lodge VT” and is therefore not seeking the removal of the hardstanding on which
       it stands.

7.11   The erection of an unauthorised structure within the Green Belt in open countryside is opposed by the local
       planning authority as contrary to national and local planning policy guidance. Being harmful to the openness
       of the Green Belt and the undeveloped character of the countryside. It is therefore likely that officers would
       resist any subsequent planning application to regularise the existing breach in planning control as contrary to
       relevant planning policies.




       Appendices:                                 1

       Background papers:

       6/1975/0644    20/10/1975          A             15/07/1976
                      MRS WATERMAN
                      Organford Manor Caravan Camp, Wareham.
       Construct extension to existing camp for 40 caravans and 20 tents.

       FOR FURTHER INFORMATION CONTACT:-

       Chris Frampton, Planning Enforcement Officer
       Steve Boyt Principal Planning Officer

       (CF)(SB)(im) PB 301008 ORGANFORD MANOR CARAVAN AND CAMPING PARK
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Description: PLANNING BOARD – 30 OCTOBER 2008 ORGANFORD MANOR CARAVAN AND