Professor Steven Broomhead Chief Executive WA1 1UH · 1.1 The Development Management (DM) service...

Professor Steven Broomhead To: Members of the Development Management Chief Executive Committee

Town Hall Councillors: Chair – T McCarthy Sankey Street Deputy Chair – J Grime

Warrington G Friend, D Keane, P Carey, WA1 1UH S Wright, C Mitchell, J Flaherty, J Wheeler,

B Barr, B Maher and Vacancy.

6 March 2018

Development Management Committee

Wednesday, 14 March 2018, 6.30pm

Venue – Council Chamber, Town Hall, Sankey Street, Warrington, WA1 1UH

Agenda prepared by Julie Pickles, Democratic and Member Services Officer – Telephone: (01925) 443212 E-mail: [email protected]

A G E N D A

Part 1

Items during the consideration of which the meeting is expected to be open to members of the public (including the press) subject to any statutory right of exclusion.

Item 1. Apologies for Absence

To record any apologies received.

2. Code of Conduct - Declarations of Interest Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012

Members are reminded of their responsibility to declare any disclosable pecuniary or non-pecuniary interest which they have in any item of business on the agenda no later than when the item is reached.

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Item Page No.

3. Minutes

To confirm the minutes of the meeting held on 31 January 2018 as a correct record.

4. Planning Applications (Main Plans List)

Report of the Executive Director Economic Regeneration, Growth and Environment.

5. Revised Development Management Committee Arrangements for 2018/2019 (Pilot Scheme)

Report of the Executive Director Economic Regeneration, Growth and Environment.

Part 2

Items of a “confidential or other special nature” during which it is likely that the meeting will not be open to the public and press as there would be a disclosure of exempt information as defined in Section 100I of the Local Government Act 1972.

Nil

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Attached as a separate

document

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Agenda Item 3

DEVELOPMENT MANAGEMENT COMMITTEE

10 January 2018

Present: Councillor T McCarthy (Chairman) Councillors J Grime (Deputy) P Carey, G Friend, J Flaherty, D Keane, B Maher, D Bennett (Substitute for C Mitchell), J Wheeler, I Marks (Substitute for B Barr) and S Wright.

DM111 Tribute to Councillor Sheila Woodyatt

The Chairman, Councillor T McCarthy paid a tribute by way of a minutes silence to Councillor Sheila Woodyatt who had recently passed away, Councillor Woodyatt had served on the committee and the council for many years.

DM112 Apologies for Absence

Apologies for absence were received from Councillors C Mitchell and B Barr.

DM113 Code of Conduct – Declarations of Interest

Councillor Minute Reason Action I Marks DM116 Was a member of the Parish

Council No involvement in the application, remained and took part in the meeting.

I Marks DM120 Was a member of the Parish Council Stepped down from the committee to speak against the application, he took no part in the discussion or vote thereon

D Bennett DM124 Ward councillor for the area. No involvement in the application, remained and took part in the meeting.

G Friend DM124 Ward councillor for the area. No involvement in the application, remained and took part in the meeting.

T McCarthy DM123 Ward councillor for the area. No involvement in the application, remained and took part in the

Agenda Item 3

meeting.

S Wright DM117 & DM119

Ward Councillor for the area. No involvement in the applications, remained and took part in the meeting.

DM114 Minutes

Resolved,

That the minutes of the meeting held on 10 January 2018 were agreed as a correct record and signed by the Chairman.

DM115 Planning Applications

Resolved,

That Pursuant to the Town and Country Planning Act 1990 (As Amended) the applications for permission to develop land be considered and dealt with in the manner agreed.

DM116 2017/31074 – Ravenbank House,Pepper Street,Lymm,Warrington,WA13 0JT -Outline application for proposed residential development and access including demolition of existing dwelling, associated garages and ancillary buildings (all other detailed matters are reserved).

The Executive Director of Economic Regeneration, Growth and Environment submitted the above application with a recommendation for approval subject to conditions.

A site visit took place on 26 January 2018.

Councillors noted the contents of the update report.

Representations were heard both in support of and against the application.

Resolved,

That application 2017/31074 be refused.

Reasons,

Refused on grounds of inappropriate development in the green belt not outweighed by any very special circumstances.

Agenda Item 3

DM117 2017/31134 – Town Hall,Sankey Street,Bewsey and Whitecross,Warrington,WA1 1UH - Listed Building - Listed Building application for the proposed replacement of existing flag pole with new, Installation of new access gangway and platform in galvanised steel to replace rotting wooden structure


Resolved,

That application 2017/31134 be approved as per the officer recommendation.

DM118 2017/31359 – Victoria Park, Knutsford Road, Latchford, Warrington - Full Planning - Proposed replacement lighting columns to runnning track and sports field


Resolved,


DM119 2017/31424 – Town Hall Gates (Known ad Warrington Golden Gates) Town Hall,Sankey Street,Bewsey and Whitecross,Warrington,WA1 1UH - Listed Building -Proposed repairs to the gates (on and off-site), repainting and associated minor works (refer to drawings, specification and other supporting documentation for full details of proposals).


Resolved,


DM120 2017/31370 – 14 Grammar School Road,Lymm,Warrington,WA13 0BQ - Full Planning - Proposed demolition of existing dwelling and the erection of two new detached dwellings with integral garages


A site visit took place on 26 January 2018.

Agenda Item 3

Representations were heard both in support of and against the application.

Resolved,

That application 2017/31370 be refused.

Reasons,

Refused due to impact to residential amenity of No.16 Grammar School Road, overdevelopment of the site and harm to the streetscene and visual amenity.

DM121 2017/31593 - 7 Daisy Bank Road, Lymm, Warrington, WA13 0EX - Full Planning -Proposed construction of one Residential Bungalow


Resolved,

It was noted that application 2017/31593 was withdrawn by the applicant prior to the meeting.

DM122 2017/31604 – Great Sankey Lesiure Centre,Barrow Hall Lane, Great Sankey,Warrington,WA5 3AA - Advertisment – Proposed 2 x Illuminated Totems


Resolved,


DM123 2017/31618 – 67 School Lane, Rixton-With-Glazebrook, Warrington, WA3 6LN Householder - Proposed alterations and extensions to existing property


Resolved,


Agenda Item 3

DM1242017/31711 – Padgate House, Vulcan Close, Poulton-With-Fearnhead Warrington, WA2 0HL - Full Planning - Proposed installation of a steel storage container cladded in timber panels


Resolved,


Signed………….……………………..

Dated...…………………

Agenda Item 5

WARRINGTON BOROUGH COUNCIL

DEVELOPMENT MANAGEMENT COMMITTEE - 14 March 2018

Executive Director: Andy Farrall, Executive Director, ERGE

Senior Responsible Officer: Colin Walker, Development Manager, ERGE

Contact Details: Email Address: [email protected] Telephone: 01925 442809

Key Decision No. N/A

Ward Members: All

TITLE OF REPORT: REVISED DEVELOPMENT MANAGEMENT COMMITTEE ARRANGEMENTS FOR 2018/19 (PILOT SCHEME)

1. Introduction

1.1 The Development Management (DM) service has been subject to an ongoing transformation plan since August 2017, which has covered a number of key areas including resource prioritisation, process, software systems, customer interactions, and communications. A further area that was identified was the way in which Development Management (DM) Committee is serviced, and this work is ongoing. Key drivers for the overall transformation programme have been the more effective and efficient use of resources, and delivering services that are sustainable and fit for purpose.

1.2 Servicing the DM Committee is a key function for the DM service, supported by Legal and Democratic Services. Each Committee has a significant financial cost, including paper copying, accommodation provision, and officer time. DM Committee operates on a 3 week cycle, with Committee taking place on a Wednesday, and a reserve day (the Thursday in the cycle) in case of an excessive number of applications, or a very major issue, needing to be considered.

1.3 It is now proposed to alter the DM Committee cycle to every 4 weeks on a pilot basis for 12 months.

2. Background - Previous amendments to constitution and committee arrangements;

• Report to full council 22 June 2015 - Planning Committee meetings

2.1 The report in 2015 outlined proposed changes to the constitution relating to planning committee meetings. A peer review of the Planning Service took place in 2011 and again in 2013. The report recognised that improvements to performance had been achieved but further changes required in recognition of budget pressures and decrease in officers within Development Management.

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Agenda Item 5

2.2 The 2015 report outlined that the Peer Review in 2013 recommended combining the two committees that operated at that time (Development Management Committee and Planning Applications Sub Committee) with benefits of rationalisation or pre committee processes, reduced reports, a reduction in officer and Member time attending meetings. The Peer Review recommended that changes should be investigated through Planning Improvement Board and DM Committee. The Peer Review also recommended that the changes instigated through Planning Improvement Board and DM Committee be kept under review to ensure that the DM service continues to improve.

2.3 A key recommendation of the 2015 report to full Council was that there was a case to move to one committee every 4 weeks to benefit from efficiencies for the service. However due to the constraints regarding the size of the Council chamber in terms of seating for members of the public when a contentious major application is on the agenda, this June 2015 report to full council proposed to move to one committee meeting but to maintain the frequency of meetings every 3 weeks (with Thursdays kept in reserve for occasions when there are a high number of items on agenda or if anticipated that large numbers of members of the public would attend).

2.4 Minutes of the meeting note that the change to the constitution to implement a single committee meeting commencing July 2015 was to be reviewed in July 2016. This is now clearly overdue.

3. Review of operation of single committee;

3.1 DMC has been operating as a single committee since July 2015, with Thursdays reserved for a second meeting if required. The resolution of full Council to implement this change to the constitution should have been reviewed in July 2016. This review has been delayed and information concerning the requirement for second committee meeting within the 3 week cycle is set out below. In practice the operation of a single committee has been effective, but the frequency has required a significant level of Member and Officer time and resource.

3.2 In 2017 a second committee meeting has been required on 3 occasions; • Thurs 23.2.17 – Peel Hall application (2016/28492) & Pewterspear Green Road

(2016/28807). • Thurs 29.6.17 – HCA Sites; Land off Astor Drive, East of Lichfield Ave (2017/29929)

&Land bounded by Green Lane and Dipping Brook Ave (2017/29930) • Tue 10.10.17 – HCA sites.

3.3 On one of these occasions due to venue requirements the reserved Thursday option was not used and Tuesday meeting was organised. Therefore the reserved Thursday meeting has only been necessary twice so far in 2017.

3.4 There has been a mean average of 7 items per agenda (ranging from 2 – 14 items) from Jan – Dec 2017. There have only been two agendas where the number of items has exceeded 10.

Date of meeting

Total apps

11.01.17 cancelled 01.02.17 8 22.02.17 7

http:10.10.17

Agenda Item 5

23.02.17 2 (additional meeting) 15.03.17 14 5.4.17 7 26.04.17 13 17.05.17 5 28.06.17 10 29.06.17 2 (additional meeting) 19.7.17 2 9.8.17 5 30.8.17 10 20.9.17 5 10.10.17 2 (additional meeting) 11.10.17 7 08.11.17 4 29.11.17 7 20.12.17 5

3.5 A 4 week frequency of committee meetings is typical of other local authorities (Knowsley, Sefton, Halton, St Helens, Trafford, Cheshire West and Chester). It is considered that this will achieve benefits in efficiencies across Planning Services and would also realise some savings within Democratic Services.

Implications; 3.6 Performance across the service in terms of speed of decision making and decisions

within agreed time periods should be monitored as part of the statutory returns every quarter.

3.7 There is potential that the size of agendas for DM Committee meetings will increase as a result of this change. It is suggested therefore that further consideration is given to the referral process for applications that have to be brought to Committee as a result of Parish Council objections as well as Council related applications, and a further report on these issues is provided to a future meeting.

4. Recommendations

RECOMMENDATION 1; 4.1 That DM Committee agrees to the principle of having a single committee and

remove reserved Thursday meeting.

RECOMMENDATION 2; 4.2 That DM Committee agrees to the principle of a reduced frequency of meetings

to every 4 weeks (for a pilot period of 1 year).

4.3 RECOMMENDATION 3; That recommendations 1 and 2 above are forwarded to the Constitution Sub Committee for consideration and decision.

4.4 RECOMMENDATION 4; That further consideration is given to the referral process for applications thathave to be brought to Committee as a result of Parish Council objections as well as Council related applications.

Agenda Item 5

DEVELOPMENT MANAGEMENT COMMITTEE

Wednesday 14th March 2018

Start 18:30 Item Page App number App Location/Description Recommendation

1 3 2017/30003 Holly Bank Caravan Park, Manchester Road,Rixton-With-Glazebrook, WARRINGTON, WA3 6HU Full Planning - Proposed retention of use of land for siting touring caravan pitches

Approve

2 22 2017/30018 Holly Bank Caravan Park, Warburton BridgeRoad, Rixton-With-Glazebrook, Warrington, WA36HL Variation of Conditions - Application for removal of Condition 3 (relates to a towing caravan site only and shall not be used for permanent residential caravans or for caravans staying for longer than 28 days) in order to lift the restriction on maximum length of individual stays following Planning Approval 78/5983 and Planning Approval 83/14404

Approve

3 34 2017/31289 149, Chester Road, Warrington, WA4 6TE Listed Building - Proposed repairs to wall, resetting of sandstone corbel

Approve

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4 43 2017/31771 104, Wellfield Road, Culcheth And Glazebury,Warrington, WA3 4BT

Approve

Householder - Proposed single storey rear extension & loft conversion with cabrio balcony window to the rear.

5 51 2018/31866 26, Massey Brook Lane, Lymm, Warrington,WA13 0PN

Approve

Householder - Proposed removal of existing side garage, single storey side and rear extension and 1 1/2 storey rear extension with new front dormer window to existing bedroom in roof with associated alterations (Resubmission of 2017/31019)

6 61 2018/31883 Stockton Heath Lawn Tennis Club, DelphfieldsRoad, Appleton, Warrington, WA4 5BY

Approve

Full Planning - Proposed installation of floodlighting to five existing tennis courts, replacement of two shale courts with an astro turf surface and renewal of perimeter fencing to tennis courts with an increase in height on Delphfields Road frontage

7 79 2018/32006 16, Stromness Close, Poulton-With-Fearnhead, Warrington, WA2 0TF

Approve

Householder - Proposed single storey extension to the side of property

8 86 2018/31816 Land at, Tanyard Farm, Rushgreen Road, Lymm,Warrington, WA13 9PR

Approve

Full Planning (Major) - Proposed demolition of all existing structures and remediation of the site and the erection of a residential development comprising 64 dwellings with an ecological enhancement area, landscaping, open space, access from Rushgreen Road, car parking and associated infrastructure

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Holly Bank Caravan Park –Warburton Bridge Road, Rixton-with-Glazebrook.

Four applications have been submitted relating to the above site. Two of the applications have been refused under delegated powers. Two applications are referred to the Development Management Committee for determination.

Location Plan Indicating Individual Application Sites In The Context Of The Wider Site.

2017/30003 - Proposed retention of use of land for siting touring caravan pitches.

2017/30018 - Application for removal of Condition 3 (relates to a towing caravan site only and shall not be used for permanent residential caravans or for caravans staying for longer than 28 days) in order to lift the restriction on maximum length of individual stays following Planning Approval 78/5983 and Planning Approval 83/14404.

Delegated Applications

2017/30184 - Retrospective planning permission to retain a twin unit caravan for warden's accommodation. Withdrawn

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2017/31610 – Retrospective planning permission for the retention of lodge unit on site for use as recreational room/clubhouse. Withdrawn

Context

The applications relate to a caravan site in the Green Belt.

The applicant is seeking to regularise a number of unauthorised developments which have taken place over a number of years and which have been the subject of Enforcement Action. The applicant is also seeking to amend the occupancy condition to allow greater flexibility on how the site is operated.

Planning permission was granted in 1978 for the use of land for 30 touring caravans. Subsequent applications have led to the introduction of more touring caravans and 5 static caravans on the site as well as the provision of ancillary facilities. All planning approvals on the site have been subject to a restrictive condition to control the length of occupancy for the touring and static caravans. The reason for the condition is to avoid the establishment of a permanent caravan site in the Green Belt.

In 2009, a Breach of Condition Notice was served on the current owners of the site. The Notice stated that the condition controlling occupation had not been complied with and the owner was required to remove any caravans from the site that had been there in excess of 28 days and to cease allowing caravans to remain on the site in excess of 28 days on a permanent basis.

Planning permission has recently been granted for the use of a building on the site as a 9 bed House in Multiple Occupation.

A Certificate of Lawfulness has also been granted for the storage of up to 50 caravans on the site.

Planning permission was refused in 2005 for the expansion of the site on the northern boundary, on the grounds that the development would cause harm to the Green Belt. Notwithstanding the refusal, new caravan pitches and associated infrastructure was provided. An Enforcement Notice was served. The current application [2017/30003] seeks to partially regularise the unauthorised development, albeit with a reduced number of pitches and additional landscaping.

Current Situation

It should be noted that the agent has confirmed that, of the 121 caravans on the site, 100 caravans have been on the site in excess of 11 years and it is assumed by the agent, that these caravans are the main / sole place of residence for their occupants. The use of the site for permanent residential

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caravans on the site does not benefit from planning permission and is considered to be unauthorised.

In view of the above, it must be concluded that, at the current time, the site functions primarily as an unauthorised, permanent residential site with only 21 of the pitches being used by touring vans.

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DEVELOPMENT CONTROL COMMITTEE DATE 14th March

ITEM 1

Application Number: 2017/30003

Location: Holly Bank Caravan Park, ManchesterRoad, Rixton-With-Glazebrook, Warrington, WA3 6HU

Ward: Rixton and Woolston

Development Full Planning - Proposed retention ofuse of land for siting touring caravan pitches

Date Registered: 03-May-2017

Applicant: Fury Developments Ltd

8/13/16 Week Expiry Date: 27-Jun-2017

Reason for Referral to Committee

The Parish Council have not objected to the application but have requested a condition be attached to any consent to limit occupancy of the site.

Human Rights

The relevant provisions of the Human Rights Act 1998 and the European Convention on Human Rights have been taken into account in the preparation of this report, particularly the implications arising from the following rights:-

Article 8 - The right to respect for private and family life, home and correspondence.

Article 1 of Protocol 1 - The right of peaceful enjoyment of possessions and protection of property.

Site

Retrospective consent is sought for the retention of land for the siting of touring caravan pitches. The wider site has been operating as a touring caravan site since the 1970’s.

The application site relates to a parcel of land within the existing caravan site which is located within the Green Belt as identified by the Local Plan Core

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Strategy Proposals Map. The site contains areas of hardstanding and areas of grassed land on which the caravans are sited. The wider site contains the original farmhouse, which is locally listed and other buildings and pitches for touring vans [75] and an area for caravan storage. The parcel of land to which this application relates, is located on the northern boundary of the site adjacent to Manchester Road. Marsh Brook is located close to the eastern boundary. The site is accessed off Warburton Bridge Road.

It is proposed to provide 21 pitches for touring caravans within the red site outline. This part of the site can currently accommodate up to 40 caravans. It has been occupied by caravans since 2006.

Planning History Numerous applications have been submitted over a period of years.

78/5983 - Use of land for 30 van touring caravan site and provision of a communal toilet. Approved subject to conditions.

Condition 3- ‘The permission hereby granted shall relate to a touring caravan site only and shall not be for permanent caravans or for caravans staying longer than 28 days. Reason: To prevent the establishment of a permanent caravan site in the Green Belt.

83/14404 -Change of use from agricultural grazing land to touring caravan park (30) and from temporary to permanent use as a small tent area. Approved subject to conditions.

Condition 2 – The proposed extension to the caravan site shall be limited to the areas shown red on the submitted plan and shall accommodate not more than 30 caravans.

Condition 3 – The permission hereby granted relates to a towing caravan site only and shall not be used for permanent residential caravans or for caravans staying longer than 28 days. Reason: To prevent the establishment of a permanent caravan site in the Green Belt.

86/18226 - Full application for conversion of existing brick building into restaurant and demolition of existing wooden outbuilding for replacement with 5 static caravans. Approve subject to conditions.

Condition 2 – The proposed restaurant shall be ancillary to the main use of the site for touring caravans and shall at no time be used independently thereto. Reason: To prevent the establishment of an independent restaurant in the Green Belt.

Condition 5 – The static caravans shall be screened by suitable fencing

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or hedgerow in accordance with a scheme to be first submitted and approved by the LPA. Reason : In the interests of visual amenity

Condition 7 – The exact siting and type of caravan shall be submitted to and approved by the LPA. Reason: In the interest of visual amenity.

Planning permission was granted subject to a Section 52 Agreement [now known as a Section 106 Agreement] which;

• restricted the operation of the restaurant to the period between Good Friday and the 31st October each year.

• the static caravans could not be hired out other than the period between Good Friday and 31st October each year,

• the static caravans would not be hired out to any person or family for a period in excess of 28 days.

12/03/2009 – Breach of Condition Notice served on the current owners of the application site. The Notice stated that condition 3 of planning application 83/14404, was not being complied with in that, caravans were being allowed to remain on the site in excess of 28 days and on a permanent residential basis. The owner was required to remove any caravans from the site that had been there in excess of 28 days and to cease allowing caravans to remain on the site in excess of 28 days or on a permanent basis.

88/22697 – Temporary use for storage of caravans for 2 years. Approved with conditions.

Condition 4 – This consent shall be for a limited period of 2 years from the date on or before which date, the caravan storage use shall cease unless a renewal has first been obtained from the LPA. Reason: To enable the LPA to assess the visual impact of the storage use on this Green Belt site.

90/26084 – Extension of touring caravan/tent space, conversion of stables to self-catering holiday units relocation of caravan storage areas inc. cafe/info centre into facilities block conversion farmhouse to b & b accommodation extension of car park conversion of outbuildings to self-catering holiday flats and planting of new woodland. Approved subject to conditions.

The conditions required that the shop, restaurant and other services were for the benefit of the sites residents only and not for general use by the public and the submission and implementation of a landscaping scheme.

2005/07316 – Proposed construction of car park access way and hard standing for caravans. Refused- The development would cause harm to the openness and character of the Green Belt. Enforcement Notice Served.

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2016/28511- Conversion of building to 9 bedsits. Approved subject to conditions.

2017/29452 – Certificate of Lawfulness for caravan storage for up to 50 caravans. Approved.

2017/ 30018 – Variation of Condition to lift the maximum length of individual stays on the site. Current application - Decision Pending.

2017/30184 – Retrospective planning permission to retain a twin unit caravan for warden’s accommodation and siting of additional static unit [lodge]. Delegated Refusal.

2017/31610 – Retrospective planning permission for retention of lodge unit on site for use as a recreational room/clubhouse. Delegated Refusal.

Planning Policies National Planning Policy Framework Chapter 9 – Green Belt Chapter 3 – Supporting a prosperous rural economy

Core Strategy Policy CS1 – Overall Spatial Strategy – Delivering Sustainable Development Policy CS2 – Overall Spatial Strategy – Quantity and Distribution of Development Policy CS5 – Overall Spatial Strategy – Green Belt Policy QE6 – Environment and Amenity Protection Policy QE7 – Ensuring a High Quality Place Policy QE8 – Historic Environment Policy MP1 – General Transport Principles Policy CC2 – Protecting the Countryside Policy PV7 – Promoting the Visitor Economy

Supplementary Planning Documents Construction and Design

Consultation/ notification responses

Parish Council: The Parish Council would have no objection provided a condition is imposed that caravans should have a maximum stay of 3 months in any 12 month period.

Neighbour/third party comments. No comments received to date.

Flood Risk – no objections subject to the submission of a detailed design for surface water drainage layout and attenuation.

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Ecology - The proposed development would not appear to encroach into the woodland at the boundaries of the site and will not affect any terrestrial habitat suitable for use by amphibians. The proposed change of use of the site will not have any substantive effect on the special nature conservation importance of the nearby Rixton Clay Pits Special Area of Conservation. I therefore have no objections to the proposal on nature conservation grounds.

I note the recommendations put forward for ecological enhancement in the ecology survey report that has been submitted in support of this application (section 9.2 of the AMABA Environment and Ecology Ltd A report dated 2015). I would support these proposals and would recommend that, if the proposals haven’t already been implemented, they be required as part of any permission that may be granted to the current application.

Natural England – Statutory Nature Conservation – No adverse impacts on Rixton Clay Pits Site therefore no objections.

Environmental Protection – No objections.

Highways- The extent of the application and number of pitches are noted. It appears there is a reduction in capacity. On the basis that the number of pitches is almost halved, the potential for traffic generation must be halved, which could be taken as a positive impact. Extending the season could of course result in more traffic outside the current season, but with only 21 units it is unlikely to be significant against the background of a major road. Furthermore the nature of leisure trips is such that timing is discretionary and peak periods can be avoided.

The access construction is considered to be acceptable. Parking arrangements - parking provision appears to be around 1.5 spaces per caravan. One space is provided alongside each pitch and further parking is provided in a communal area along with an area for cycle storage. Whilst it is accepted that some parties will have more than one car or have day visitors, this seems generous for holidaymakers and more appropriate to residential units. It is suggested that a small number of spaces are formally marked out in the communal area.

It is the nature of touring caravan parks that they are car dependent and users are car owners. With respect to this specific location, apart from the camp shop and a few pubs, all the visitor attractions cited by the applicant would be visited using a car. In terms of bus services these are not accepted as appropriate in terms of accessibility or frequency or connectivity to appropriate places. We would consider bus stops within 400m with frequent (three/four an hour) services to appropriate destinations to be the ideal. Those that pass the site are few and far between and not scheduled to stop at the site. A half mile walk to a catch a bus to Manchester is of no consequence to holidaymakers in Warrington. Furthermore the A57 only has footways on one side and nothing more than the occasional dropped kerb for crossing a 50mph road.

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Cycling is of limited use for shopping (top up only) and there doesn’t appear to be a significant store in the vicinity anyway. It should be understood that accessibility is not just about distance, but how easy and attractive the route and mode are as well the scale and quality of the facilities at the destination Car use therefore remains the primary mode of transport. For holidaymakers staying perhaps a couple of weeks it would seem reasonable to accept this, particularly when it is only 21 plots. The concern remains that there may be extended stays and it does not operate as a holiday destination, but as a residential development and an extension to the bedsit development.

In summary, the impacts of 21 holiday units would not be severe and the site is argued to have reduced the number of units. That said we remain concerned that it would not be appropriate as a residential site. We still do not understand how the rest of the site operates and what the cumulative impacts are, but there are no objections on highway grounds subject to the provision of cycle parking and making good the footway as required by the previous (bedsit) consent.

Health & Safety Executive: No objections

Cadent – Gas Pipeline - applicant to consult

Enforcement History

The application site is located within the Green Belt as defined by the Warrington Local Plan Core Strategy Proposals Map [adopted July 2014].

In March 2009, an Enforcement Notice was served on the current owners of Holly Bank Caravan Park. This was preceded by a Planning Contravention Notice, which was served in 2008.

The land, to which the Notice related, covers part of the site that is the subject of this application. The breach of control was identified as being; “Without Planning Permission the construction of an access road, car parking and hardstanding for caravans, within the area hatched blue on the attached plan.”

The Notice was issues on the grounds that, the unauthorised works caused harm to the openness and character of the Green Belt and were contrary to the provisions of the relevant Green Belt Policy.

The development had previously been refused planning permission under planning application 2005/07316, and no appeal had been made against that decision. The area of the unauthorised extension corresponded with the site area of planning application 2005/07316.

No appeal was made against the Notice and it duly came into force on 15the April 2009. The Notice required the unauthorised development to be removed from the land and the land reinstated to a grassed area. Compliance was required by July 2009.

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The owners of the site failed to comply with the Notice and the unauthorised extension to the caravan park is still being used. The Executive Director authorised a prosecution under Section 179 of The Town and Country Planning Act 1990 for failure to comply with the requirements of the Notice. The matter went to Court in May 2010. The owners were found guilty in their absence, were fined and a costs award was made against them. In September 2011, the owners sought to set the conviction aside however, the conviction was upheld.

The area of the unauthorised extension to the caravan park corresponds with the site area of the current application, the unauthorised extension still being in-situ and in use.

Current Position It should be noted that the agent has confirmed that, of the 121 caravans on the site, 100 caravans have been on the site in excess of 11 years and it is assumed by the agent, that these caravans are the main / sole place of residence for their occupants. The use of the site for permanent residential caravans on the site does not benefit from planning permission and is considered to be unauthorised.

In view of the above, it must be concluded that, at the current time, the wider site functions primarily as a permanent residential site with only 21 of the pitches being used by touring vans.

Enforcement Notice Plan –Hatched Area Denotes Location of Unauthorised Caravan Parking.

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Application Site Plan

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Principle of Development Chief Planning Officer Letter – Green Belt protection and intentional unauthorised development.

The DCLG released a statement in August 2015 relating to Green Belt protection and intentional unauthorised development. The statement set out changes to national planning policy to make intentional unauthorised development a material consideration, and also to provide stronger protection for the Green Belt. The government has raised concern about the harm that is caused where the development of land has been undertaken in advance of obtaining planning permission. Such cases can involve the Local Planning Authority having to take expensive and time consuming enforcement action. Any planning applications received post 31 August 2015 is subject to the new policy.

Impact on the Green Belt The application site is located within the Green Belt as defined by the Local Plan Core Strategy Proposals Map. Policy CS5 states that development proposals within the Green Belt will be approved where they accord with relevant national policy.

The change of use of land to use for stationing of static homes or touring caravans, is not identified as an appropriate form of development, and does not fall within any of the identified exceptions within paragraph 89 or 90 of the NPPF. Paragraph 89 relates specifically to the construction of new buildings, and does not extend to engineering operations and change of use.

Engineering operations are addressed in paragraph 90, and changes of use are not identified as an exception. Even if changes of use were included within paragraph 89, the land is not previously developed having not been occupied by permanent structures. The proposal is therefore inappropriate development in the Green Belt in the first instance and is therefore, by definition, harmful to the Green Belt as confirmed by paragraph 87 of the NPPF and should not be approved except in very special circumstances.

When considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt. "Very special circumstances" will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations."

Before considering whether very special circumstances exist it is necessary to determine whether any additional harm is caused to the Green Belt, or other harm, which would need to be weighed in the balance.

Impact on Purposes of including land in Green Belt Policy CS5 identifies that there are four purposes of the Green Belt as follows: • To check the unrestricted sprawl of large built-up areas; • To prevent neighbouring towns from merging into one another;

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• To assist in safeguarding the countryside from encroachment; and • To assist in urban regeneration by encouraging the recycling of derelict and other urban land.

The change of use of land for the siting of touring caravans would be inappropriate in Green Belt by definition. There would be harm to the Green Belt as a result of the loss of openness and encroachment. These matters should be given substantial weight in determining this application.

Openness is harmed through the occupation of space where land was previously undeveloped. The application proposes the permanent retention of 21 unauthorised touring caravans, and associated infrastructure i.e. parking, access road, and landscaping on the site. This part of the site currently accommodates up to 40 pitches. The caravans have a greater impact on openness than the undeveloped site prior to the unauthorised stationing of the caravans on site. This is a material consideration which must be weighed in the determination of this application.

The current scheme would include a significant reduction in the number of caravans on this part of the site and would allow for a substantial area of landscaping provision particularly on the northern boundary of the site, adjacent to Manchester Road. The extent of the area occupied by caravans would cover a much smaller area than is currently the case. The revised scheme would therefore have a lesser impact on the openness of the Green Belt than the existing situation.

The application proposes the permanent use of this part of the site for touring caravans. Given the amount of land involved in the proposal [0.8ha]; the nature /use of the wider site as a touring caravan park and the provision of additional landscaping on prominent site boundaries, the scheme would not result in a significant urbanising effect of the countryside

The proposals would result in the retention of an element of the existing touring caravan parking on the site, thereby maintaining an element of encroachment into the countryside, this is contrary to the purposes of including the land in the Green Belt. However, as detailed above the extent of encroachment is less than currently exists and would, through the imposition of a landscaping scheme, result in visual benefits to the whole site.

Other Considerations

Landscape and Design Policy CC2 states that development proposals in the countryside will be supported where, inter alia;

• the detailed siting and design of the development relates satisfactorily to its rural setting, in terms of scale, layout and materials,

• respect the local landscape character in terms of immediate impact and distant views

• unobtrusive provision can be made for associated servicing and parking facilities and

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• they relate to a local enterprise and there would be no detrimental impact on agricultural interest.

Policy QE7 states that development should reinforce local distinctiveness and enhance the character, appearance and function of the local area; harmonise with the existing building, and; maintain and respect the landscape character and distinctiveness of the countryside.

Policy SN3 states that sites should be designed to integrate into the wider landscape.

The application site forms part of an existing, established caravan touring park. Whilst the extension of the site is unauthorised, the northerly expansion of the area for caravan storage towards Manchester Road would represent the least intrusive option in terms of the impact on the openness of the Green Belt. The hard boundary created by Manchester Road and the proposed landscaping, will prevent further encroachment. The application site is for the most part screened along its northern boundary by the existing mature landscaping. There would be little if any impact in terms of immediate and distant views of the site. Parking and the access road would not be intrusive and large portions of the site will remain grassed, it would therefore relate satisfactorily to its rural setting in terms of its scale, layout and materials. Clearly, there are concerns raised above with regard to the impact on the openness of the Green Belt and harm resulting from encroachment, however, the most visible parts of the site already benefit from planning permission for caravan storage and for use by touring caravans, any additional visual harm arising from the continued use of this part of the site for touring caravans would be almost imperceptible when viewed from outside the site.

The landscape and design issues should be given some weight in the consideration of this application.

Heritage Paragraph 129 of the NPPF and Policy QE8 states that Local Planning Authorities should identify and assess the particular significance of any heritage asset that may be affected by a proposal, including any development affecting the setting of a heritage asset. The locally listed farmhouse is separated from the touring caravans by a large garden with mature planting, including a mature boundary hedge. The scheme would not impact on the setting of the locally listed building.

The heritage issues should be given neutral weight in the consideration of this application.

Highways Issues have been raised by the highway engineer relating to the nature of the development and the operation of the site. Critically it should be noted that all touring caravans will be accompanied by a car and that this is likely to be the principal mode of transport to access tourist attractions and other facilities. This is not uncommon for tourist accommodation of this nature. Sufficient

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provision is provided within the site to accommodate associated car parking and cycle storage.

The comments regarding accessibility to local services are noted however, given that this is an existing established touring caravan site with on- site facilities, in close proximity to Hollins Green village and its associated facilities, the scheme is considered to be acceptable subject to the site remaining for tourers and not permanent residential accommodation.

In response to the highway engineers concerns that this should not operate as a permanent residential site, it would be advisable to attach the same conditions to this part of the site as would apply to the remainder of the site. An application is currently before DMC with respect to a variation of the existing operating conditions of the southern portion of the site [2017/30018].

The condition set out below is recommended. • limit the use of the application site to touring caravans only • ‘static’ caravans should not be sited on the land • the caravans are occupied for holiday purposes only and, • the caravans shall not be occupied as a person’s sole, or main place of

residence • the owners / operators shall maintain an up to date register of the

names of all owners / occupiers of individual caravans on the site and their main home address, details of number and periods of residence on the site and shall make this information available at all reasonable times to the Local Planning Authority.

• The caravans shall not be occupied between the 30th November in any one year and the 1st January in the succeeding year.

Reason :To prevent the establishment of a permanent residential caravan site in the Green Belt.

Economic Benefits Policy PV7 seeks to support proposals for visitor accommodation where they are appropriate in scale and nature to their location. In addition, it seeks to promote the diversification of the rural economy so far as this is consistent with green Belt policies.

As well as the reduction in the number of pitches and the implementation of a landscaping scheme the applicant has identified the economic benefits arising from increased visitor spending to constitute very special circumstances to justify that an exception to Green Belt policy should be made in this instance.

Figures provided by the applicant suggest that direct visitor spending from 21 touring caravan pitches would be in the order of £58,000 per annum. There would also be an element of indirect visitor spending, and cumulatively there would be an increase of £67,943 per annum, of total additional spending in the local economy. The veracity of these figures has not been tested. The amount of additional spending has been extrapolated from data collected at the National level and may not necessarily reflect spend in the Warrington

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area. It should however be noted that Policy PV7 supports the provision of appropriate visitor accommodation and supports the diversity of the rural community. The provision of this type of accommodation is very limited in Warrington. There are three other sites offering facilities for touring caravans in Warrington, two of the sites can accommodate a maximum of 5 caravans each, the third site can accommodate 17 caravans.

Para. 28 of the NPPF states, that in order to support a prosperous rural economy, LPA’s should take a positive approach to sustainable new development. Local plans should support sustainable rural tourism and leisure development that benefit businesses in rural areas, communities and visitors and that respect the character of the countryside. This should include supporting the provision and expansion of tourist and visitor facilities in appropriate locations where identified needs are not met by existing facilities in rural service centres. In allowing this proposal, the Council would be enhancing visitor facilities in the borough.

The economic benefits of the development should be given substantial weight in the consideration of this application.

Summary The scheme would result in a change of use of land and as such, represents inappropriate development in the Green Belt resulting in loss of openness and encroachment; this would be harmful to the Green Belt. The harm to the Green Belt should be given substantial weight in the consideration of this application.

It is clear that the proposed development would not result in harm to the landscape character of the area or matters relating to vehicular access / car parking and heritage.

The low numbers of touring caravan pitches in the borough, the improvements to the landscape / boundary treatments; the provision of sustainable rural tourism and leisure development that benefit businesses in the rural areas and the wider economic benefits that would accrue should be accorded substantial weight in the consideration of the application.

It is considered that the ‘other considerations’ as outlined above, when taken together, clearly outweigh the potential harm to the Green Belt .Very special circumstances therefore are considered to be present in this instance.

Recommendation

Approve subject to conditions.

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Conditions & Reasons

1. The permission hereby granted shall restrict the use of the site to;

• the part of the site to which this application relates shall be used by touring caravans only and shall at no time be used by ‘static’ caravans • the caravans are occupied for holiday purposes only. • the caravans shall not be occupied as a person’s sole, or main place of residence. • The owners/ operators shall maintain an up-to-date register of the names of all owners / occupiers of individual caravans on the site, and of their main home addresses,details of number and periods of residence on the site and shall make this information available at all reasonable times, to the Local Planning Authority. • The caravans shall not be occupied between the 30th November in any one year and the 1st January in the succeeding year.

Reason: To prevent the establishment of a permanent caravan site in the Green Belt to accord with the NPPF and policy CS5 of the Warrington Local Plan Core Strategy.

2. The development hereby approved shall be commenced before the expiration of three years from the date of this permission.

Reason: To ensure that the Local Planning Authority retains the right to review unimplemented permissions and to comply with Section 91 (as amended) of the Town & Country Planning Act 1990.

3. The development shall be carried out in accordance with the following documents:

(a) The planning application forms, design and access statement and additional information received by Warrington Borough Council on { } (b) Submitted drawing No's { } received on { }.

Reason: for the avoidance of doubt and to enable Warrington Borough Council to adequately control the development and to minimise its impact on the amenities of the local area and to conform with Policy QE7 of the Warrington Core Strategy.

4. Prior to first occupation of any building(s) hereby approved a satisfactory programmed landscaping scheme which shall include hard surfacing, means of enclosure, planting of the development, indications of all existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of the development, shall be submitted to the Local Planning Authority for approval. The approved scheme shall be implemented during the first planting season following the completion of development and any tree

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or shrub planted which dies or is felled, uprooted, willfully damaged or destroyed in the first five year period commencing with the date of planting shall be replaced by the applicants or their successors in title.

Reason: To ensure a satisfactory form of development and to enhance the visual amenities of the locality and to comply with Policy QE7 of the Warrington Core Strategy and the Warrington SPD: Design and Construction.

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DEVELOPMENT CONTROL COMMITTEE DATE 14th March 2018

ITEM 2


Location: Holly Bank Caravan Park, WarburtonBridge Road, Rixton-With-Glazebrook, Warrington, WA3 6HL

Ward: Rixton and Woolston

Development Variation of Conditions - Application for removal of Condition 3 (relates to atowing caravan site only and shall notbe used for permanent residentialcaravans or for caravans staying forlonger than 28 days) in order to lift therestriction on maximum length ofindividual stays following Planning Approval 78/5983 and PlanningApproval 83/14404.

Date Registered: 06-Apr-2017

Applicant: Fury Developments Ltd

8/13/16 Week Expiry Date: 31-May-2017

Human Rights




Reason for Referral to Committee

The Parish Council have objected to this planning application and have requested that the application is considered by the Development Management Committee. The detail of their objection is outlined below.

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Site and Proposals

Permission is sought for the variation of condition 3 on planning applications 78/5983 and 83/14404 which allowed the site to be used for touring caravans only and not for use for permanent caravans or for caravans staying longer than 28 days.

The applicant is seeking to revise the conditions to allow for a longer length of occupancy but to maintain the restriction to holiday occupancy only.

The application site relates to a parcel of land within the existing caravan site which is located within the Green Belt as identified by the Local Plan Core Strategy Proposals Map. The site contains areas of hardstanding and areas of grassed land on which the caravans are sited. The wider site contains the original farmhouse, which is locally listed and other buildings and pitches for touring vans and an area for caravan storage. The site is accessed of Warburton Road.

The parcel of land to which this application relates, is located on the southern side of the site, with Marsh Brook on the eastern boundary and agricultural fields

Planning History

Numerous applications have been submitted over a period of years. The most relevant to this application are;

78/5983 - Use of land for 30 van touring caravan site and provision of a communal toilet. Approved subject to conditions.

Condition 3- ‘The permission hereby granted shall relate to a touring caravan site only and shall not be for permanent caravans or for caravans staying longer than 28 days. Reason: To prevent the establishment of a permanent caravan site in the Green Belt.

83/14404 -Change of use from agricultural grazing land to touring caravan park (30) and from temporary to permanent use as a small tent area. Approved subject to conditions. Condition 2 – The proposed extension to the caravan site shall be limited to the areas shown red on the submitted plan and shall accommodate not more than 30 caravans.

Condition 3 – The permission hereby granted relates to a towing caravan site only and shall not be used for permanent residential caravans or for caravans staying longer than 28 days. Reason: To prevent the establishment of a permanent caravan site in the Green Belt.

86/18226 - Full application for conversion of existing brick building into restaurant and demolition of existing wooden outbuilding for replacement with 5 static caravans. Approve subject to conditions.

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Condition 2 – The proposed restaurant shall be ancillary to the main use of the site for touring caravans and shall at no time be used independently thereto. Reason: To prevent the establishment of an independent restaurant in the Green Belt.

Condition 5 – The static caravans shall be screened by suitable fencing or hedgerow in accordance with a scheme to be first submitted and approved by the LPA.Reason : In the interests of visual amenity Condition 7 – The exact siting and type of caravan shall be submitted to and approved by the LPA. Reason: In the interest of visual amenity. Planning permission was granted subject to a Section 52 Agreement [now known as a Section 106 Agreement] which;

• restricted the operation of the restaurant to the period between Good Friday and the 31st October each year.

• the static caravans could not be hired out other than the period between Good Friday and 31st October each year,

• the static caravans would not be hired out to any person or family for a period in excess of 28 days.

88/22697 – Temporary use for storage of caravans for 2 years. Approved with conditions. Condition 4 – This consent shall be for a limited period of 2 years from the date on or before which date, the caravan storage use shall cease unless a renewal has first been obtained from the LPA. Reason: To enable the LPA to assess the visual impact of the storage use on this Green Belt site.

90/26084 – Extension of touring caravan/tent space, conversion of stables to self- catering holiday units relocation of caravan storage areas inc. cafe/info centre into facilities block conversion farmhouse to b & b accommodation extension of car park conversion of outbuildings to self- catering holiday flats and planting of new woodland. Approved subject to conditions. The conditions required that the shop, restaurant and other services were for the benefit of the sites residents only and not for general use by the public and the submission and implementation of a landscaping scheme.

2005/07316 – Proposed construction of car park access way and hard standing for caravans. Refused- The development would cause harm to the openness and character of the Green Belt.

2016/28511- Conversion of building to 9 bedsits. Approved subject to conditions.

2017/29452 – Certificate of Lawfulness for caravan storage for up to 50 caravans. Approved.

2017/30003 – Retention of the use of land for siting touring caravan pitches. Decision Pending.

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2017/30184 – Retrospective planning permission to retain a twin unit caravan for warden’s accommodation and siting of additional static unit [lodge]. Delegated Refusal.

2017/31610 – Retrospective planning permission to retain a lodge unit on site for use as a recreational room/ clubhouse. Delegated Refusal.

Current Position It should be noted that the agent has confirmed that, of the 121 caravans on the site, 100 caravans have been on the site in excess of 11 years and it is assumed by the agent, that these caravans are the main / sole place of residence for their occupants. The use of the site for permanent residential caravans on the site does not benefit from planning permission and is considered to be unauthorised.

In view of the above, it must be concluded that, at the current time, the site functions primarily as a permanent residential site with only 21 of the pitches being used by touring vans.

As in this case, where there are conditions on the permissions which prohibits permanent residential use, then enforcement can be taken against those caravans which, are actually in breach of the condition. Established user rights can only be acquired for those caravans which, have actually been in breach of the condition for 10 years subject to de minimis interruptions. It would be necessary for the applicant to show continuous breach of the conditions in respect of each individual caravan during the relevant period of restricted occupation, throughout the 10-year period at issue. Each caravan is in effect a separate dwelling house subject of an occupancy condition.

Planning Policies

National Planning Policy Framework Chapter 9 – Green Belt Chapter 3 – Supporting a prosperous rural economy

Core Strategy Policy CS5- Overall Spatial Strategy Green Belt Policy PV7 – Promoting the Visitor Economy

Supplementary Planning Documents

Construction and Design

Notification Responses

Parish Council - object to this use as this could mean that the site would become a permanent residential site and not as permitted as a transit site for touring caravans with the limited use of a 28 day period. The Parish Council suggest that if an alternative permission is given that the use of the site should be limited to a 10 month period only and the site closed say for

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November and December each year (this is a type of restriction used for other sites within the Country)

Neighbours- No comments to date.

Consultation Responses

National Grid – have identified apparatus in the vicinity of the site, applicant to consult.

HSE- no objections

Environmental Protection – no objections to the proposal.

Natural England – no comment to make.

Observations

Principle of Development

The NPPF seeks to promote rural tourism in appropriate sustainable locations.

Policy PV7 seeks to support proposals which sustain and enhance Warrington’s visitor and tourism economy. This includes the need to; ‘enhance the diversification of the local economy in the borough’s countryside without harm to the openness of the Green Belt and the character of the local landscape.’

Original Condition ‘The permission hereby granted shall relate to a touring caravan site only and shall not be for permanent caravans or for caravans staying longer than 28 days. Reason: To prevent the establishment of a permanent caravan site in the Green Belt.’

The applicant is seeking to lift the 28 day restriction in order to allow touring caravans to remain on site even when not occupied. The stated purpose of condition 3 on applications 78/5983 and 83/14404 was to prevent the caravans being used as permanent residences and to prevent caravans being permanently located at the site. In order to avoid this, the applicant has proposed the following occupancy conditions; • The caravans are occupied for holiday purposes only. • The caravans shall not be occupied as a person’s sole, or main place of residence. • The owners/ operators shall maintain an up-to-date register of the names of all owners / occupiers of individual caravans on the site, and of their main home addresses, and shall make this information, available at all reasonable times, to the Local Planning Authority.

It should be noted that the use of the site by touring caravans already allows

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for caravans to be on the site throughout a 12 month period however, it does not permit any individual caravan to remain on the site all year or for a period in excess of 28 days.

The change of use of land to use for stationing of static homes is not identified as an appropriate form of development, and does not fall within any of the identified exceptions within paragraph 89 or 90 of the NPPF. Paragraph 89 relates specifically to the construction of new buildings, and does not extend to engineering operations and change of use. Engineering operations are addressed in paragraph 90, and changes of use, is not identified as an exception. Even if changes of use were included within paragraph 89, the land is not previously developed having not been occupied by permanent structures. The proposal is therefore inappropriate development.

The applicants acknowledge the need to restrict occupation to holiday use only and also recognise that the site operates under a holiday licence and does not have a residential licence.

Non-compliance with the existing conditions restricting occupation of the caravans has resulted in significant numbers of caravans being used for permanent occupation over a number of years. These pitches display evidence of residential paraphernalia which reduces the openness of the Green Belt. In addition, the use of pitches for permanent residential use has resulted in the loss of potential tourist pitches, contrary to Policy PV7, which seeks to support the provision of visitor accommodation.

The parish council are concerned that lifting the restriction on a 28 day limit would mean the site would become a permanent residential site. The Parish Council suggest that if an alternative permission is given that the use of the site should be limited to a 10 month period only and the site closed say for November and December each year on the basis that this type of condition is used elsewhere in the County.

Given the apparent current level of permanent residential occupation of caravans on the site and the possibility that the breach of conditions preventing such occupation has been ongoing for more than 10 years, [the limitation on the taking of Enforcement Action being 10 years from the date of the breach], this may result in the submission of a certificate of lawful use of the existing use or development [in accordance with s191 of the Act]. The granting of a certificate of lawful use would negate the existing and proposed conditions as they relate to caravans that are proven to have been in permanent residential use in excess of 10 years.

Any application for a certificate of lawfulness would exclude the area in the north of the site for which a Breach of Condition Notice has already been served. This Notice was served in 2009 and required the owners to remove any caravans from the site that had been there in excess of 28 days or on a permanent basis. Based on the information provided by the agent it would appear that the site owners are still in breach of condition 3 on planning application 83/14404.

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Whilst it is acknowledged that the standard holiday occupancy conditions suggested by the applicant and outlined above, are commonly used throughout the country and have been recognised in numerous planning applications and appeal decisions as the appropriate way in which to control occupancy of holiday accommodation and prevent it being used as residential, it is also the case that these conditions can be difficult to enforce.

A condition recommending the removal / storage of static caravans, to protect the character of the rural area, from the site during certain periods of the year has been held to be onerous and unreasonable, thus failing the six tests of paragraph 206 of the NPPF.

In view of the continuing breach of the condition that restricted occupancy of the site it is considered that permanent residential use is less likely to occur if the following condition replaces the existing condition; The following condition is recommended to replace the existing condition; • limit the use of that part of the site covered by the original condition, to

touring caravans only and, • that ‘static’ caravans should not be sited on the land and • The caravans are occupied for holiday purposes only • The caravans shall not be occupied as a person’s sole, or main place

of residence • The owners / operators shall maintain an up to date register of the

names of all owners / occupiers of individual caravans on the site and their main home address, details of number and periods of residence on the site and shall make this information, available at all reasonable times to the Local Planning Authority.

• The caravans shall not be occupied between the 30th November in any one year and the 1st January in the succeeding year.

Reason: To prevent the establishment of a permanent residential caravan site in the Green Belt.

Visual Impact on the Green Belt As the site currently operates 365 days a year and on the basis of extended holiday seasons, it is unlikely that the site would ever be totally unoccupied. The visual impact of having caravans on the site all year round is unlikely to be substantially different to the existing situation where a succession of caravans could occupy the site for up to 28 days. However, it should be noted that it would not be desirable to allow static caravans to be located on the site as these are higher and larger than tourers and have a bigger footprint. The introduction of static homes would have a greater impact on the openness of the Green Belt, hence any variation of condition would need to exclude these types of caravans from the site.

The visual impact of the touring caravans would be mitigated by reducing the number of caravans on the site and by providing additional landscaping to the site boundaries.

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Conclusions Recent appeal decisions confirm the acceptability of restricting occupancy of touring caravan sites to prevent them from becoming the sole place of residence and that they are occupied for holiday purposes only.

Recommendation

This application is recommended for a variation of condition.


1. The permission hereby granted shall restrict the use of that part of the site covered by the original condition, to touring caravans only and, • that ‘static’ caravans should not be sited on the land and • The caravans are occupied for holiday purposes only • The caravans shall not be occupied as a person’s sole, or main place of residence • The owners / operators shall maintain an up to date register of the names of all owners / occupiers of individual caravans on the site and their main home address, details of number and periods of residence on the site and shall make this information available at all reasonable times to the Local Planning Authority. • The caravans shall not be occupied between the 30th November in any one year and the 1st January in the succeeding year.

Reason: To prevent the establishment of a permanent caravan site in the Green Belt to accord with the NPPF and policy CS5 of the Warrington Local Plan Core Strategy.

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Appendix 1 – Drawings

Red Site Outline – Application Site

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Green Hatched Area – Original Caravan Park approved for touring caravan park.

Yellow Hatched Area – Storage of Caravans

Pink Cross Hatched Area – Subject to Planning Application 2017/30003 Proposed Use of land for siting of 21 Touring caravan Pitches. Decision Pending.

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Appendix 2 – Photographs of Site

Aerial View of the Site

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ITEM 3


Location: 149, Chester Road, Warrington, WA4 6TE

Ward: Appleton

Development Listed Building - Proposed repairs to wall, resetting of sandstone corbel

Date Registered: 08-Dec-2017

Applicant: Warrington Borough Council

8/13/16 Week Expiry Date: 01-Feb-2018

Human Rights




Reason for Referral To Committee

The site is Council-owned.

Site

The property is Grade II listed under the name of Walton Hall Lodge and is the lodge to the Crematorium. The building was constructed circa 1838. Access to the site is from Chester Road, via the crematorium gates.

Proposals

Listed Building consent is sought for repairs to a wall and the re setting of a sandstone corbel.

The building is constructed from brown brick, green slate and has sandstone architectural detailing.

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The property is single storey with a stone mullioned oriel window on the front elevation. The existing coping stones are weathered and are supported by shaped kneelers that project sideways at the gable / wall junction.

Planning History

No previous history.

Planning Policies

National Planning Policy Framework Chapter 12 – Conserving the Historic Environment

Core Strategy

QE8 – Historic Environment

Supplementary Planning Documents

Design & Construction


Parish Council – No comments to date

Neighbours –No comments to date


Historic England

Welcome the principle of the works as they will sustain the historic significance of the Grade II Listed Building in line with paragraphs 131 and 132 of the National Planning Framework. Historic England supports the application on heritage grounds.

In determining this application you should bear in mind the statutory duty of section 16920 of the Planning [Listed Building and Conservation Areas] Act 1990 to have special regard to the desirability of preserving listed buildings or their setting or any features of special architectural or historic interest which they possess.

Amenity Societies No comments to date.

Warrington Civic Society No comments to date

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Observations This is a Grade II listed building which requires repair work due to a combination of weathering and structural movement.

The stone kneeler has moved and this has resulted in cracking and movement in the adjacent brickwork. The movement has loosened the mortar bed and has resulted in water penetration and deterioration of the historic fabric. There is no evidence of structural damage internally. It is proposed to clean the stone kneeler. The details of the materials and methodology for cleaning are conditional on any forthcoming consent. In order to repair the cracks in the brickwork and stabilise the structure, it is proposed to inject with resin. This will allow a deeper penetration of the fixative that can be achieved by pointing with a traditional mortar. The resin would be indented in order to allow for a final finish with a traditional mortar. The use of the resin based material would obviate the need for the partial demolition and reconstruction of the brick wall that is exhibiting the cracking. The area of work is relatively confined and following completion of the repairs there should be no adverse impact on the outward appearance of the building; the repair should blend in with the existing fabric.

The stone kneeler and parapet stone will be secured to the brickwork by a stainless steel dowel bar and resin infill. The stone will then be repaired with a suitable mortar. All joints will be raked out and repointed using traditional methods and materials.

Summary It is considered that the proposed scheme would preserve the listed building and would accord with the statutory duty of the local planning authority as set out in the 1990 Act.

The proposal would accord with sections 66 of the Planning [Listed Building and Conservation Areas] Act 1990.

The proposal would also accord with the NPPF in that the scheme would sustain the use and significance of the Grade II Listed building.

This application is recommended for approval subject to conditions. Statutory Instrument 2015 No 809 amends regulation 13[2] of the LBCA Regulations 1990. It is now only necessary to refer a local authority’s own application for listed building consent to the Secretary of State were an objection has been received from Historic England and /or one of the National Amenity Societies, and were the LPA are minded to approve the application.

In this instance, no objection has been received from either, Historic England nor any of the National Amenity Societies, so the application does not need to be referred to the Secretary of State for a decision.

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Recommendation

Approve subject to Conditions



(a) The planning application forms, design and access statement and additional information received by Warrington Borough Council on { } (b) Submitted drawing No's { } received on { }.


2. The works hereby given consent shall be begun not later than the expiration of 3 years from the date of this permission

Reason: To comply with the provisions of section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990

3. External re-pointing shall be kept to the minimum and shall be undertaken using a matching mortar to the original in composition, texture and colour. Joints shall be carefully raked out by hand.The cutting out of defective mortar with power tools in NOT acceptable. The pointing shall be finished to give a neat slightly recessed joint unless firm evidence exists of the original profile which must then be replicated. Repairs to external stonework, shall match the original stonework in composition, texture and colour.

Reason:To safeguard the character and appearance of this listed building in accordance with policy QE8 of the Warrington Core Strategy.

4. During the course of the works, the stonework shall be supported and protected to avoid damage to the fabric of the building.

REASON: To safeguard the character and appearance of this listed building in accordance with policy QE8 of the Warrington Core Strategy.

5. Prior to any works being undertaken to clean the stone on the building, details of the materials and methods to be used shall be first submitted to the Local Planning Authority, thereafter any cleaning works that are carried out shall be in accordance with the agreed details.

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Reason :To safeguard the character and appearance of this listed building in accordance with policy QE8 of the Warrington Core Strategy.

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Appendix 1 – Drawings

Site Location Plan

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Appendix 2 – Photographs of Site

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ITEM 4


Location: 104, Wellfield Road, Culcheth And Glazebury, Warrington, WA3 4BT

Ward: Culcheth, Glazebury and Croft

Development Householder - Proposed single storeyrear extension & loft conversion with cabrio balcony window to the rear.

Date Registered: 14-Dec-2017

Applicant: Fiona Sutton-Wilson

8/13/16 Week Expiry Date: 07-Feb-2018

Reason for referral

The applicant is a Council employee.

Site

The application relates to a detached dwelling located to the north of Wellfield Road, Culcheth. Wellfield Road comprises detached red-brick dwelling in similar style to the application property. The wider area is predominantly residential in nature.

The property comprises a small garden and area of hardstanding to the front and a large rear garden. The rear garden is bounded on all sides by close board fencing and mature vegetation.

Description of Proposal

• Single storey rear extension with flat roof and uPVC roof lantern to create a reconfigured kitchen/dining area.

• Loft conversion to create a new bedroom with en-suite at the first floor. This would remain a 2-bed property - the existing ground floor bedroom to the rear would be replaced by an additional lounge area

• The rear extension would project 4m from the existing rear elevation, would be 8.3m in length and 2.8m in height

• 3 no. roof lights and 1 no. Cabrio balcony window are proposed within rear pitched roof

• The window to the rear bedroom within the rear elevation will be

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replaced by new double doors to the proposed new dining area • Details of the plans are shown below with the extension highlighted.

Relevant Planning History

2017/29689 - Proposed construction of Dormer window to rear and refurbishment of existing loft space to form 2 Bedroom with ensuite. Approved

Planning Policies

Development Plan Policy

Local Plan Core Strategy - Policy QE6 – Environment and amenity protection Local Plan Core Strategy - Policy QE7 – Ensuring a high quality place

Other material considerations

Supplementary Planning Guidance 2 – House Extension Guidelines (December 2003) Supplementary Planning Document – Standards for Parking in New Development (March 2015)

National Planning Policy Framework National Planning Practice Guidance


None received to date


Culcheth and Glazenbury Parish Council

No objection. Query why Cabrio Balcony window not included in description of development and request that its impact on neighbours be considered.

Observations

Impact on the character of the area The proposed single storey extension is located to the rear of the host dwelling and would not be visible from the street-scene.

The rear extension includes a flat roof design, with roof lantern. Whilst it is considered that a pitched roof design may assimilate more closely with the host dwelling, it is acknowledged that the property currently includes a flat roof single storey element to the side at this location. The addition of this flat roof extension would therefore match elements of the host property and would not appear overly incongruous.

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The proposal would extend to a maximum height of 2.9m and would project slightly above the ridge of the host dwelling, which measures 2.6m in height. The scheme is considered proportionate in terms of scale and mass and would be subordinate to the recipient dwelling in all other respects.

This development would not be harmful to the character of the area and is considered acceptable in accordance with Policy QE7

The plans are not annotated to stipulate that materials would match existing. A condition in this regard has therefore been recommended.

Impact on the amenity of neighbours The adjacent property no. 102 is set back slightly from the application property. The single storey extension would therefore not project beyond the rear building line of this dwelling.

There are no windows proposed to the side elevation facing adjacent property no. 102.

The scheme includes a Cabrio balcony window within the roof to the rear. There would be no direct overlooking to habitable room windows from the proposed Cabrio balcony window. There would be indirect overlooking from this balcony window to the rear gardens of adjacent properties no. 106 and no. 102, however there would be no significant overlooking or loss of privacy in accordance with QE6.

To protect the future private amenity of neighbouring property no. 102, a condition is recommended to prohibit the use of the flat roof of the extension as a balcony.

The extension would not cross the 45 degree line required by SPG 2.

A distance of at least 24m would exist to the properties at the rear in accordance with QE6.

This scheme would not be detrimental to the amenity of neighbouring residents in terms of overlooking, loss of privacy or overshadowing and as such complies with Policy QE6 and the guidance contained within SPG2

Impact on the highway network and parking The proposals will not impact the existing parking or access arrangements at site.

Recommendation

Approve subject to conditions

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1. The development hereby approved shall be commenced before the expiration of three years from the date of this permission.

Reason: To ensure that the Local Planning Authority retains the right to review unimplemented permissions and to comply with Section 91 (as amended) of the Town & Country Planning Act 1990.


(a) The planning application forms, design and access statement and additional information received by Warrington Borough Council on {08/12/2017} (b) Submitted drawing No's {02 Rev A and 03 Rev A} received on {08/12/2017}.


3. The facing and roofing materials to be used in the construction of the extension hereby approved shall match in colour, texture and coursing those used on the existing building.

Reason: To ensure the use of appropriate materials, in the interests of the visual amenities of the locality and in order to comply with Policy QE7 of the Warrington Core Strategy and the Warrington SPD: Design and Construction

4. Access to the flat roof over the extension hereby approved shall be for the maintenance or emergency purposes only and the flat roof shall not be used as a roof garden, terrace, patio or similar activity area.

Reason: In order to comply with Policy QE6 of the Warrington Core Strategy

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