Authority Report 10.01.17 - Exmoor · 1/10/2017  · 62/41/16/022 Mr S Dawson, Hidden Valley Farm...

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Application No: 62/41/16/022 Mr S Dawson, Hidden Valley Farm Barbrook, Lynton, Devon Proposal: Proposed dwelling for rural worker (68m²). As per amended and additional information 19.10.16. (Full) Location: Hidden Valley Farm, Barbrook, Lynton, Devon Application No: Grid Ref. Applicant: Introduction: The application seeks planning permission for a dwelling house at land forming part of Hidden Valley Farm. The site lies to the south of Barbrook and in a wooded valley of the West Lyn River below the Ilkerton Hill road. The dwelling is proposed to the edge of woodland and next to a linear group of unimproved permanent pasture fields. The holding comprises approximately 14 acres, with approximately half of this being woodland, with the rough grazing and scrub land being mainly on the lower and more level area of land along the river. There are two small existing farm buildings on the holding which are used for a variety of farming activities, including storage of items and livestock housing as and when required. There are a number of chattels, including pig arks and poultry houses. The holding also has grazing rights on Ilkerton Ridge, although it is understood that these rights are not exercised following a Natural England request not to do so as part of a conservation scheme. The papers submitted explain why the proposed dwelling is considered to be necessary. The farm holding is a small holding of rough pasture and woods. The applicants have set-up a business based on farming rare breed Berkshire pigs, as well as other animals in small numbers, including sheep, goats and poultry. The papers explain that butchery and running courses related to the farm, principally nose to tail eating, small holding courses and experience days, are integral elements of the business. Pigs are kept and rotated in five woodland pens and one summer pen on the pasture. The wider woodland is a mixture of coppice to provide wood fuel for the farm, and areas are managed for conservation and habitat. The papers submitted explain that there is currently one boar and six breeding sows, including two cross commercial young sows. The piglets and sows require considerable attention during farrowing and there are several cycles of farrowing throughout the year. The pigs are sold at a premium price due to their provenance and nearly all are sold as part of a course in butchery and pig processing, which adds to their value and is run by the applicant’s at their holding. The applicant’s purchased the farm holding in 2006 and began to set up their business, which is based on the rearing of rare breed pigs and a variety of other animals in small numbers, then offering a variety of courses teaching others about animal husbandry, butchery, nose to tail eating and self- sufficiency, which adds valve to the business. The papers submitted explain that since 2007 the business has operated on a viable basis. Up until 2014 the applicant’s operated their business from 271362 147443 62/41/16/022 10 January 2017

Transcript of Authority Report 10.01.17 - Exmoor · 1/10/2017  · 62/41/16/022 Mr S Dawson, Hidden Valley Farm...

Page 1: Authority Report 10.01.17 - Exmoor · 1/10/2017  · 62/41/16/022 Mr S Dawson, Hidden Valley Farm Barbrook, Lynton, Devon Proposal: Proposed dwelling for rural worker (68m²). As

62/41/16/022

Mr S Dawson, Hidden Valley FarmBarbrook, Lynton, Devon

Proposal: Proposed dwelling for rural worker (68m²). As per amended and additional information 19.10.16. (Full)

Location: Hidden Valley Farm, Barbrook, Lynton, Devon

ApplicationNo:

Grid Ref.

Applicant:

Introduction: The application seeks planning permission for a dwelling house at land forming part of Hidden Valley Farm. The site lies to the south of Barbrook and in a wooded valley of the West Lyn River below the Ilkerton Hill road. The dwelling is proposed to the edge of woodland and next to a linear group of unimproved permanent pasture fields. The holding comprises approximately 14 acres, with approximately half of this being woodland, with the rough grazing and scrub land being mainly on the lower and more level area of land along the river. There are two small existing farm buildings on the holding which are used for a variety of farming activities, including storage of items and livestock housing as and when required. There are a number of chattels, including pig arks and poultry houses.

The holding also has grazing rights on Ilkerton Ridge, although it is understood that these rights are not exercised following a Natural England request not to do so as part of a conservation scheme. The papers submitted explain why the proposed dwelling is considered to be necessary. The farm holding is a small holding of rough pasture and woods. The applicants have set-up a business based on farming rare breed Berkshire pigs, as well as other animals in small numbers, including sheep, goats and poultry. The papers explain that butchery and running courses related to the farm, principally nose to tail eating, small holding courses and experience days, are integral elements of the business.

Pigs are kept and rotated in five woodland pens and one summer pen on the pasture. The wider woodland is a mixture of coppice to provide wood fuel for the farm, and areas are managed for conservation and habitat.

The papers submitted explain that there is currently one boar and six breeding sows, including two cross commercial young sows. The piglets and sows require considerable attention during farrowing and there are several cycles of farrowing throughout the year. The pigs are sold at a premium price due to their provenance and nearly all are sold as part of a course in butchery and pig processing, which adds to their value and is run by the applicant’s at their holding.

The applicant’s purchased the farm holding in 2006 and began to set up their business, which is based on the rearing of rare breed pigs and a variety of other animals in small numbers, then offering a variety of courses teaching others about animal husbandry, butchery, nose to tail eating and self-sufficiency, which adds valve to the business.

The papers submitted explain that since 2007 the business has operated on a viable basis. Up until 2014 the applicant’s operated their business from

271362 14744362/41/16/022

Mr S Dawson, Hidden Valley FarmBarbrook, Lynton, Devon

Proposal: Proposed dwelling for rural worker (68m²). As per amended and additional information 19.10.16. (Full)

Location: Hidden Valley Farm, Barbrook, Lynton, Devon

ApplicationNo:

Grid Ref.

Applicant:

Introduction: The application seeks planning permission for a dwelling house at land forming part of Hidden Valley Farm. The site lies to the south of Barbrook and in a wooded valley of the West Lyn River below the Ilkerton Hill road. The dwelling is proposed to the edge of woodland and next to a linear group of unimproved permanent pasture fields. The holding comprises approximately 14 acres, with approximately half of this being woodland, with the rough grazing and scrub land being mainly on the lower and more level area of land along the river. There are two small existing farm buildings on the holding which are used for a variety of farming activities, including storage of items and livestock housing as and when required. There are a number of chattels, including pig arks and poultry houses.

The holding also has grazing rights on Ilkerton Ridge, although it is understood that these rights are not exercised following a Natural England request not to do so as part of a conservation scheme. The papers submitted explain why the proposed dwelling is considered to be necessary. The farm holding is a small holding of rough pasture and woods. The applicants have set-up a business based on farming rare breed Berkshire pigs, as well as other animals in small numbers, including sheep, goats and poultry. The papers explain that butchery and running courses related to the farm, principally nose to tail eating, small holding courses and experience days, are integral elements of the business.

Pigs are kept and rotated in five woodland pens and one summer pen on the pasture. The wider woodland is a mixture of coppice to provide wood fuel for the farm, and areas are managed for conservation and habitat.

The papers submitted explain that there is currently one boar and six breeding sows, including two cross commercial young sows. The piglets and sows require considerable attention during farrowing and there are several cycles of farrowing throughout the year. The pigs are sold at a premium price due to their provenance and nearly all are sold as part of a course in butchery and pig processing, which adds to their value and is run by the applicant’s at their holding.

The applicant’s purchased the farm holding in 2006 and began to set up their business, which is based on the rearing of rare breed pigs and a variety of other animals in small numbers, then offering a variety of courses teaching others about animal husbandry, butchery, nose to tail eating and self-sufficiency, which adds valve to the business.

The papers submitted explain that since 2007 the business has operated on a viable basis. Up until 2014 the applicant’s operated their business from

271362 147443

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rented accommodation at East Ilkerton (approximately 0.5km from the application site by road). However, in 2014 the applicants were required to vacate their rented dwelling. The details provided explain that following this the applicant’s temporarily lived with friends close by for a five month period. During that time, however, it is explained that the enterprise suffered because of the additional pressures of travelling to and from the site affecting the welfare of livestock and other uncertainties impacting on forward planning and promotion of the business.

To combat this the applicants have explained that they took the decision to move onto the site in temporary accommodation, a static caravan, which has been positioned in the corner of one of the grass field at the bottom of the access track. That caravan has been stationed on the site since March 2015 and the applicant’s have continued to operate and grow their business, while preparing a formal planning application for the erection of a dwelling on the holding.

The dwelling is proposed to replace the static caravan, which does not have the benefit of planning permission. The dwelling proposed is of a simple form. It would be single storey with rough sawn larch clad elevations. The dwelling measures 15 metres by 6 metres, with a 2.15 metre deep veranda proposed on the principal elevation, which faces south east. Solar pv and thermal panels are proposed on the roof. The roof is otherwise proposed to be clad with corrugated steel, although the applicant’s have expressed a willingness to consider alternative materials.

Internally the accommodation comprises a bedroom and study, with relatively large living and kitchen space. The kitchen and living space is proposed to also function as the base for accommodating guests on the variety of courses offered, including the butchery. The internal floor space offered by the dwelling is approximately 68sqm.

The proposed dwelling would be completely ‘off-grid’ and is designed to be ‘low impact’. The applicants propose that in the future should the holding not support a viable agricultural based enterprise, they are happy for a condition of a subsequent grant of planning permission to the effect that the house be removed.

The dwelling is proposed to be sited next to a historic trackway along the bottom (eastern) edge of the woodland. This would require some minor earth works to level out and enlarge an already excavated area. The site has been chosen because it is essentially the only reasonably available and relatively level site on the holding, which lies just outside Flood Zone 3. The adjacent pasture land is relatively level land, but that lies in the valley and is at greater risk of flooding from the West Lyn River, which runs along the eastern boundary of the farm holding. The site lies just within the Stock Wood County Wildlife Site boundary.

The application has been amended following its submission to reposition the site for the proposed dwelling slightly further to the north west, and to omit

rented accommodation at East Ilkerton (approximately 0.5km from the application site by road). However, in 2014 the applicants were required to vacate their rented dwelling. The details provided explain that following this the applicant’s temporarily lived with friends close by for a five month period. During that time, however, it is explained that the enterprise suffered because of the additional pressures of travelling to and from the site affecting the welfare of livestock and other uncertainties impacting on forward planning and promotion of the business.

To combat this the applicants have explained that they took the decision to move onto the site in temporary accommodation, a static caravan, which has been positioned in the corner of one of the grass field at the bottom of the access track. That caravan has been stationed on the site since March 2015 and the applicant’s have continued to operate and grow their business, while preparing a formal planning application for the erection of a dwelling on the holding.

The dwelling is proposed to replace the static caravan, which does not have the benefit of planning permission. The dwelling proposed is of a simple form. It would be single storey with rough sawn larch clad elevations. The dwelling measures 15 metres by 6 metres, with a 2.15 metre deep veranda proposed on the principal elevation, which faces south east. Solar pv and thermal panels are proposed on the roof. The roof is otherwise proposed to be clad with corrugated steel, although the applicant’s have expressed a willingness to consider alternative materials.

Internally the accommodation comprises a bedroom and study, with relatively large living and kitchen space. The kitchen and living space is proposed to also function as the base for accommodating guests on the variety of courses offered, including the butchery. The internal floor space offered by the dwelling is approximately 68sqm.

The proposed dwelling would be completely ‘off-grid’ and is designed to be ‘low impact’. The applicants propose that in the future should the holding not support a viable agricultural based enterprise, they are happy for a condition of a subsequent grant of planning permission to the effect that the house be removed.

The dwelling is proposed to be sited next to a historic trackway along the bottom (eastern) edge of the woodland. This would require some minor earth works to level out and enlarge an already excavated area. The site has been chosen because it is essentially the only reasonably available and relatively level site on the holding, which lies just outside Flood Zone 3. The adjacent pasture land is relatively level land, but that lies in the valley and is at greater risk of flooding from the West Lyn River, which runs along the eastern boundary of the farm holding. The site lies just within the Stock Wood County Wildlife Site boundary.

The application has been amended following its submission to reposition the site for the proposed dwelling slightly further to the north west, and to omit

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EXMOOR NATIONAL PARK PLANNING COMMITTEE EXMOOR NATIONAL PARK AUTHORITY MEETING

the proposal to divert the existing track through the field to the east. The amendment came following the initial comments of the Environment Agency and Conservation Officer (Historic Environment).

BACKGROUND TO THE BUSINESSThe papers submitted explain that the range of animals on the site, the relatively small scale processing operations associated with the animals for mostly domestic use, and the small scale vegetable production are all integrated into the functioning of the holding. This all adds value to the main sales of pig and poultry products, much of which is intimately associated with the butchery and smallholding courses, which are also enhanced by these activities.

Pigs are the mainstay of the business. They are reared on site in a low impact, extensive manner. Pigs are the centre of the ‘Rear a Pig’ initiative and butchery courses run from the site. This adds significant value to the pork products that are produced on the holding. ‘Rear a Pig’ and the courses are fully subscribed with waiting lists.

The applicant’s have a media and social media profile relating to the business and this is considered to be key it is success, both in raising its profile and highlighting its unique selling point. The applicant is a published author with books relating to self-sufficiency, including ‘The Self Sufficiency Bible’ and ‘The Sty’s the Limit’. The applicant also write articles for local and national newspapers and contributes to local and national radio on matters directly relating to experiences on the farm and small holding management.

The produce is sold as part of a package of butchery and smallholding courses, which are part of the farming enterprise, and also sold direct to market. Products are either processed or fresh, and sold as high end niche product direct marketed via the internet to the end customer with much of the cost of processing being offset by being incorporated into the courses. Other secondary outlets are specialist markets, seasonal markets and direct local sales via farm gate and table top in the local village.

Butchery courses and smallholding courses are offered and run by the applicants. The courses are small scale and designed to accommodate one or two people over one or two days, depending on the course. The courses teach butchery skills and nose to tail eating as well as smallholding management and experience days. For 2016, 68 course days have already taken place. A significant proportion of produce sales take place by using the courses to add value to the products.

The papers submitted explain that participants on the courses want to see the process from field to table in the context of a largely self-sufficient holding, and it is therefore important that as many aspects as possible of the processes of rearing, slaughtering and butchering the livestock are carried out in a domesticated setting. This was previously facilitated by living adjacent to the site and, with the dwelling proposed, it is intended that this will be carried out in a suitably certified domestic kitchen.

the proposal to divert the existing track through the field to the east. The amendment came following the initial comments of the Environment Agency and Conservation Officer (Historic Environment).

BACKGROUND TO THE BUSINESSThe papers submitted explain that the range of animals on the site, the relatively small scale processing operations associated with the animals for mostly domestic use, and the small scale vegetable production are all integrated into the functioning of the holding. This all adds value to the main sales of pig and poultry products, much of which is intimately associated with the butchery and smallholding courses, which are also enhanced by these activities.

Pigs are the mainstay of the business. They are reared on site in a low impact, extensive manner. Pigs are the centre of the ‘Rear a Pig’ initiative and butchery courses run from the site. This adds significant value to the pork products that are produced on the holding. ‘Rear a Pig’ and the courses are fully subscribed with waiting lists.

The applicant’s have a media and social media profile relating to the business and this is considered to be key it is success, both in raising its profile and highlighting its unique selling point. The applicant is a published author with books relating to self-sufficiency, including ‘The Self Sufficiency Bible’ and ‘The Sty’s the Limit’. The applicant also write articles for local and national newspapers and contributes to local and national radio on matters directly relating to experiences on the farm and small holding management.

The produce is sold as part of a package of butchery and smallholding courses, which are part of the farming enterprise, and also sold direct to market. Products are either processed or fresh, and sold as high end niche product direct marketed via the internet to the end customer with much of the cost of processing being offset by being incorporated into the courses. Other secondary outlets are specialist markets, seasonal markets and direct local sales via farm gate and table top in the local village.

Butchery courses and smallholding courses are offered and run by the applicants. The courses are small scale and designed to accommodate one or two people over one or two days, depending on the course. The courses teach butchery skills and nose to tail eating as well as smallholding management and experience days. For 2016, 68 course days have already taken place. A significant proportion of produce sales take place by using the courses to add value to the products.

The papers submitted explain that participants on the courses want to see the process from field to table in the context of a largely self-sufficient holding, and it is therefore important that as many aspects as possible of the processes of rearing, slaughtering and butchering the livestock are carried out in a domesticated setting. This was previously facilitated by living adjacent to the site and, with the dwelling proposed, it is intended that this will be carried out in a suitably certified domestic kitchen.

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Consultee Response:

The papers submitted also explain that the processing for the courses is currently not being carried out on site due to lack of suitable facilities. Instead it is currently being carried out in the Barbrook village hall, which is impacting on operations and profits. This arrangement, it is explained, also has an impact on future planning as it requires the hall to be available to book and thus effects the potential for taking bookings for courses.

The details explain that the accommodation that was previously available to the applicant’s and near to the holding at East Ilkerton, although not considered ideal, did allow the applicant’s close access to the holding and provided the base to accommodate the courses. The details explain that the applicant’s were able to operate the business successfully from that cottage. In 2014 however, the applicant’s were told that they have to leave the rented accommodation and that accommodation is no longer available. No alternative suitable accommodation has become available and this has ultimately led to the applicants living on the holding in a mobile caravan.

Consultee Response:

The papers submitted also explain that the processing for the courses is currently not being carried out on site due to lack of suitable facilities. Instead it is currently being carried out in the Barbrook village hall, which is impacting on operations and profits. This arrangement, it is explained, also has an impact on future planning as it requires the hall to be available to book and thus effects the potential for taking bookings for courses.

The details explain that the accommodation that was previously available to the applicant’s and near to the holding at East Ilkerton, although not considered ideal, did allow the applicant’s close access to the holding and provided the base to accommodate the courses. The details explain that the applicant’s were able to operate the business successfully from that cottage. In 2014 however, the applicant’s were told that they have to leave the rented accommodation and that accommodation is no longer available. No alternative suitable accommodation has become available and this has ultimately led to the applicants living on the holding in a mobile caravan.

BUILDING CONTROL MANAGER - NDC: No comments receivedNDC - ENVIRONMENTAL HEALTH AND HOUSING: No comments receivedEXMOOR RIVERS AND STREAMS GROUP: COMMENTS RECEIVED 24 October 2016 – As the site is close to the river, there should be a construction method statement to show how pollution from fuels, oils, cement and other contaminants are prevented from reaching the river.Again with the proximity of the river in mind, you should ask how the solid output from the separating composting toilet is to be stored and used, and how the liquid output is to be disposed of.LYNTON & LYNMOUTH TOWN COUNCIL: COMMENTS RECEIVED 22 July 2016 – A site meeting be requested as soon as possible when all information was available including the report of Highways and Wildlife Conservation Officers report.

COMMENTS RECEIVED 12 August 2016 – Town Council unable to make a recommendation on planning application as more information being sought from consultees.

COMMENTS RECEIVED 30 October 2016 – To support the application subject to highway and flood risk issues being satisfied and should the property be vacated it would be removed.DCC - HIGHWAYS: I visited the site yesterday and noted a number of deficiencies insofar as highway matters are concerned. The following objections are identified to the proposed development:-

1. The increased use of the access onto the public highway, resulting from the proposed development would, by reason of the limited visibility from and of vehicles using the access, its horizontal alignment, width, gradient and condition, be likely to result in additional danger to all users of the road and interference with the free flow of traffic.2. The increased use of the junction onto the Class 1 County Road, the A39, resulting

BUILDING CONTROL MANAGER - NDC: No comments receivedNDC - ENVIRONMENTAL HEALTH AND HOUSING: No comments receivedEXMOOR RIVERS AND STREAMS GROUP: COMMENTS RECEIVED 24 October 2016 – As the site is close to the river, there should be a construction method statement to show how pollution from fuels, oils, cement and other contaminants are prevented from reaching the river.Again with the proximity of the river in mind, you should ask how the solid output from the separating composting toilet is to be stored and used, and how the liquid output is to be disposed of.LYNTON & LYNMOUTH TOWN COUNCIL: COMMENTS RECEIVED 22 July 2016 – A site meeting be requested as soon as possible when all information was available including the report of Highways and Wildlife Conservation Officers report.

COMMENTS RECEIVED 12 August 2016 – Town Council unable to make a recommendation on planning application as more information being sought from consultees.

COMMENTS RECEIVED 30 October 2016 – To support the application subject to highway and flood risk issues being satisfied and should the property be vacated it would be removed.DCC - HIGHWAYS: I visited the site yesterday and noted a number of deficiencies insofar as highway matters are concerned. The following objections are identified to the proposed development:-

1. The increased use of the access onto the public highway, resulting from the proposed development would, by reason of the limited visibility from and of vehicles using the access, its horizontal alignment, width, gradient and condition, be likely to result in additional danger to all users of the road and interference with the free flow of traffic.2. The increased use of the junction onto the Class 1 County Road, the A39, resulting

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EXMOOR NATIONAL PARK PLANNING COMMITTEE EXMOOR NATIONAL PARK AUTHORITY MEETING

from the proposed development would, by reason of the limited visibility from and or vehicles using the junction is likely to result in additional danger to all users of the road and interference with the free flow of traffic.3. The proposed development is likely to increase the conflict of traffic movements at the junction with the A39 and existing petrol filling station, resulting in additional danger and inconvenience to all users of the A39/unclassified road junction.4. The county road providing access to the site is, by reason of its inadequate width and lack of footway/grass verge provision, unsuitable to accommodate the increase in traffic likely to be generated.

COMMENTS RECEIVED 8 DECEMBER 2016 – I have previously considered the Technical Note, however, you will be aware I have set out DCC’s position previously.

The comments put forward do not change the conclusion I have arrived at, particularly as any planning permission rests with the land, rather than being personal to the applicant’s. This, of course, is a fundamental issue which the Technical Note does not address.

I also don’t see where the issue has been addressed in respect of the business opportunities being further promoted by the applicant’s, to others, and which will necessitate them travelling to the site.

On this basis this Authority continues to object to the application for the reasons set out initially.NORTH DEVON COUNCIL - PLANNING REGISTRATION: No observationsENVIRONMENT AGENCY SOUTH WEST: COMMENTS RECEIVED 8 July 2016 – The application should not be determined until the applicant has revised the proposal to demonstrate that the flood risks posed by the development can be satisfactorily addressed. We would like to be re-consulted on any information submitted to address our concerns.

COMMENTS RECEIVED 1 November 2016 – The revised proposal, as shown on drawing HVP-SP-02/S-02, is acceptable. In light of this we withdraw our objection to the application, provided that the finished floor level of the proposed structure is at least 300mm above the adjacent track level. We recommend that you include a condition on any permission granted to secure the appropriate finished floor levels.

Before determining the application your Authority will also need to be content that the flood risk Sequential Test has been satisfied in accordance with the NPPF if you have not done so already.

Advice on flood risk and flood resilience has been set out.DEVON COUNTY COUNCIL: COMMENTS RECEIVED 18 July 2016 – The applicant has not provided sufficient information in respect of the surface water drainage aspects of the planning application in order for it to be determined at this stage. However, I would be happy to discuss these issues with the applicant is they wish, and provide further advice to the Local Planning Authority if requested to do so.

COMMENTS RECEIVED 9 November 2016 – Following my previous correspondence, the applicant has submitted information in relation to the surface water drainage aspects

from the proposed development would, by reason of the limited visibility from and or vehicles using the junction is likely to result in additional danger to all users of the road and interference with the free flow of traffic.3. The proposed development is likely to increase the conflict of traffic movements at the junction with the A39 and existing petrol filling station, resulting in additional danger and inconvenience to all users of the A39/unclassified road junction.4. The county road providing access to the site is, by reason of its inadequate width and lack of footway/grass verge provision, unsuitable to accommodate the increase in traffic likely to be generated.

COMMENTS RECEIVED 8 DECEMBER 2016 – I have previously considered the Technical Note, however, you will be aware I have set out DCC’s position previously.

The comments put forward do not change the conclusion I have arrived at, particularly as any planning permission rests with the land, rather than being personal to the applicant’s. This, of course, is a fundamental issue which the Technical Note does not address.

I also don’t see where the issue has been addressed in respect of the business opportunities being further promoted by the applicant’s, to others, and which will necessitate them travelling to the site.

On this basis this Authority continues to object to the application for the reasons set out initially.NORTH DEVON COUNCIL - PLANNING REGISTRATION: No observationsENVIRONMENT AGENCY SOUTH WEST: COMMENTS RECEIVED 8 July 2016 – The application should not be determined until the applicant has revised the proposal to demonstrate that the flood risks posed by the development can be satisfactorily addressed. We would like to be re-consulted on any information submitted to address our concerns.

COMMENTS RECEIVED 1 November 2016 – The revised proposal, as shown on drawing HVP-SP-02/S-02, is acceptable. In light of this we withdraw our objection to the application, provided that the finished floor level of the proposed structure is at least 300mm above the adjacent track level. We recommend that you include a condition on any permission granted to secure the appropriate finished floor levels.

Before determining the application your Authority will also need to be content that the flood risk Sequential Test has been satisfied in accordance with the NPPF if you have not done so already.

Advice on flood risk and flood resilience has been set out.DEVON COUNTY COUNCIL: COMMENTS RECEIVED 18 July 2016 – The applicant has not provided sufficient information in respect of the surface water drainage aspects of the planning application in order for it to be determined at this stage. However, I would be happy to discuss these issues with the applicant is they wish, and provide further advice to the Local Planning Authority if requested to do so.

COMMENTS RECEIVED 9 November 2016 – Following my previous correspondence, the applicant has submitted information in relation to the surface water drainage aspects

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Public Response:

of the above planning application, for which I am grateful.

The applicant has submitted an email which fully addresses my previously raised concerns in terms of the site’s infiltration potential and proposed off-site discharge rate.

The application has now submitted sufficient information in relation to the surface water drainage aspects of the above planning application in order for it to be determined. I would also advise that the pre-commencement planning condition outlined below is imposed on any granted permission:

•No part of the development hereby permitted shall be commenced until a detailed permanent surface water drainage management plan is submitted to, and approved in writing by, the Local Planning Authority, with consultation with Devon Country Council as the Lead Local Flood Authority. This detailed permanent surface water drainage management plan will be in accordance with the principles of sustainable drainage systems, and those set out in the Flood Risk Assessment (Report Ref. RMA-C1570, Rev. 2, dated 6th April 2016.

Reason: To ensure that surface water from the development is managed in accordance with the principles of sustainable drainage systems.TREES AND WOODLANDS - ENPA: It appears that the proposed development will have little impact on existing trees and as such I have no objections.

However, it should be noted that the area of woodland to the north of the site is subject of a Tree Preservation Order.WILDLIFE CONSERVATION OFFICER - ENPA: COMMENTS RECEIVED 20 July 2016 – The application site is inside Stock Wood County Wildlife Site, designated for its broad leaved woodland habitat. The ecological survey that has been submitted with the application does not assess the ecological value of the area of woodland to be affected nor evaluate what the impact will be of the proposals upon the CWS as a whole. I suspect this is because the survey was conducted in 2014 when the applicants probably contemplated siting the new dwelling on the pastureland and not within the Wood. In addition to impacts on a non statutory site, ecological issues that are raised by locating the development inside the Wood include possible impacts on Dormice (a European Protected Species or EPS) and nesting birds. If the new building is to be lit externally a possible impact on bats (also EPS) is possible also. If negative impacts upon wildlife cannot be avoided (e.g. by re locating the building) then I would expect to see mitigation proposals put forward to minimise the impacts. I would ask that you raise these matters with the applicant and seek a considered response to them.

COMMENTS RECEIVED 22 November 2016 (following confirmation that the application site related to approximately 0.4% of the CWS in area) – If it is considered that there are sound reasons why the dwelling would be best located where proposed, I withdraw my objection.

3 letters of objection 74 letters of support

COMMENTS FOLLOWING INITIAL CONSULTATION EXERCISE

of the above planning application, for which I am grateful.

The applicant has submitted an email which fully addresses my previously raised concerns in terms of the site’s infiltration potential and proposed off-site discharge rate.

The application has now submitted sufficient information in relation to the surface water drainage aspects of the above planning application in order for it to be determined. I would also advise that the pre-commencement planning condition outlined below is imposed on any granted permission:

•No part of the development hereby permitted shall be commenced until a detailed permanent surface water drainage management plan is submitted to, and approved in writing by, the Local Planning Authority, with consultation with Devon Country Council as the Lead Local Flood Authority. This detailed permanent surface water drainage management plan will be in accordance with the principles of sustainable drainage systems, and those set out in the Flood Risk Assessment (Report Ref. RMA-C1570, Rev. 2, dated 6th April 2016.

Reason: To ensure that surface water from the development is managed in accordance with the principles of sustainable drainage systems.TREES AND WOODLANDS - ENPA: It appears that the proposed development will have little impact on existing trees and as such I have no objections.

However, it should be noted that the area of woodland to the north of the site is subject of a Tree Preservation Order.WILDLIFE CONSERVATION OFFICER - ENPA: COMMENTS RECEIVED 20 July 2016 – The application site is inside Stock Wood County Wildlife Site, designated for its broad leaved woodland habitat. The ecological survey that has been submitted with the application does not assess the ecological value of the area of woodland to be affected nor evaluate what the impact will be of the proposals upon the CWS as a whole. I suspect this is because the survey was conducted in 2014 when the applicants probably contemplated siting the new dwelling on the pastureland and not within the Wood. In addition to impacts on a non statutory site, ecological issues that are raised by locating the development inside the Wood include possible impacts on Dormice (a European Protected Species or EPS) and nesting birds. If the new building is to be lit externally a possible impact on bats (also EPS) is possible also. If negative impacts upon wildlife cannot be avoided (e.g. by re locating the building) then I would expect to see mitigation proposals put forward to minimise the impacts. I would ask that you raise these matters with the applicant and seek a considered response to them.

COMMENTS RECEIVED 22 November 2016 (following confirmation that the application site related to approximately 0.4% of the CWS in area) – If it is considered that there are sound reasons why the dwelling would be best located where proposed, I withdraw my objection.

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EXMOOR NATIONAL PARK PLANNING COMMITTEE EXMOOR NATIONAL PARK AUTHORITY MEETING

30 letters of SUPPORT have been received from the Exmoor National Park and West Somerset Area, including local residents and business. 41 letters of SUPPORT have been received from wider areas, including 2 from Australia. The matters raised in support include the following:-1. The design is in keeping;2. Low impact development, light footprint environmentally;3.By securing the future of the farm business, the proposal supports the Park’s policy of encouraging small, sustainable, wealth creating businesses on Exmoor;4. It is vital to North Devon to draw people to discover all it has to offer;5. It is clear that the applicants have a need to be on site for many reasons including security of their site and animals, and to care/feed for their animals;6.The applicant’s work to raise the profile of the area, their guests use all local facilities such as the garage, local pubs and hotels as well as sending back the message that North Devon is a fabulous place to visit;7. The applicants are dedicated to sustaining and supporting local businesses and people;8. The courses are a great benefit to the area;9.The applicant’s are teaching dying skills, which should not be lost;10. The site is completely hidden;11. This is a great site for the development proposed and the business blends itself to the area excellently;12.There is a fundamental need for the applicant’s to live on the site given the nature of their small holding;13. This small business is a definite asset to the area.14. The business is both unique and completely in tune with the Ethos of Exmoor National Park;15. The business serves as an example to us all of how we can live more sustainably with less impact on our environment;16. Initially stayed three nights on Exmoor when attending a course, but having now discovered Exmoor I have been back to Lynton for two one week family holidays.

3 letters of OBJECTION have been received. The matters raised include:-1. The land, much of which is wooded, does not warrant a dwelling;2. The access is dangerous;3. Environment: the site is part of Wildlife Site and also near a TPO wood;4.Flood Risk: although the applicant’s FRA states that the site is at low risk of flooding, it is nonetheless on a flood plain and at risk within a level metre or so of flood risk level 2/3;5. The Lyn Plan does not support extensions of settlements onto adjoining greenfield sites;6. The proposed site is well away from other buildings;7. The cost of building a new house should be used as deposit to buy one of the many small properties locally;8. The courses: it is clear that many have benefited from attending the courses, but there is no additional parking on site and access is poor.9. Concerns regarding water supply and increased use of the toilet facility;10. The applicants may have difficulty demonstrating a need to be on site. There are many examples of greater numbers of animals in one field with no worker accommodation for over a mile;11. Concern that the solar panels on the roof of the proposed dwelling would cause glare;12. Concern that a generator will be relied upon in the future as this would cause a noise nuisance;13.Concern that the applicant’s believe they now need to live on site rather than in a house

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EXMOOR NATIONAL PARK PLANNING COMMITTEE EXMOOR NATIONAL PARK AUTHORITY MEETING

Most Relevant Development Plan Policies:THE LYN PLAN 2013-2028 (Lynton & Lynmouth Neighbourhood Plan)P1 Overall Objectives for New DevelopmentENV1 Location of Development & Enhancement of the Local Environment

EXMOOR NATIONAL PARK LOCAL PLAN (2005)LNC1 General National Park Policy LNC2 Lighting LNC4 Important Trees, Woodland and HedgerowsLNC7 Rivers and their CorridorsLNC11 Sites of Local Nature Conservation ImportanceLNC13 Mitigation and Compensation for Nature Conservation Sites – Affected by DevelopmentLNC14 Protected Species and HabitatsLNC17 Small Scale Energy ConservationCBS12 New DevelopmentH1 Purpose of Housing DevelopmentH8 New Build Housing in the Open CountrysideU5 Sewerage and Sewage Disposal – New or Extended Treatment WorksU7 Flood Risk Areas – Location of New DevelopmentTR3 Traffic and Road Safety Considerations for DevelopmentTR10 Car and Cycle Parking Provision

NATIONAL PLANNING POLICY FRAMEWORK

Most Relevant Development Plan Policies:THE LYN PLAN 2013-2028 (Lynton & Lynmouth Neighbourhood Plan)P1 Overall Objectives for New DevelopmentENV1 Location of Development & Enhancement of the Local Environment

EXMOOR NATIONAL PARK LOCAL PLAN (2005)LNC1 General National Park Policy LNC2 Lighting LNC4 Important Trees, Woodland and HedgerowsLNC7 Rivers and their CorridorsLNC11 Sites of Local Nature Conservation ImportanceLNC13 Mitigation and Compensation for Nature Conservation Sites – Affected by DevelopmentLNC14 Protected Species and HabitatsLNC17 Small Scale Energy ConservationCBS12 New DevelopmentH1 Purpose of Housing DevelopmentH8 New Build Housing in the Open CountrysideU5 Sewerage and Sewage Disposal – New or Extended Treatment WorksU7 Flood Risk Areas – Location of New DevelopmentTR3 Traffic and Road Safety Considerations for DevelopmentTR10 Car and Cycle Parking Provision

NATIONAL PLANNING POLICY FRAMEWORK

RELEVANT HISTORYNE 555 Proposed erection od 11,000/415/240 volt overhead line

Withdrawn 25 August 1967Same SiteFull

NE 668 Proposed erection of 11,000 volt and 415/240 volt overhead lineApproved 24 June 1970

Same SiteFull

nearby, which had previously been considered suitable – there has been over the past 12 months 3 houses for sale in Barbrook;14. It is hard to see anything in the applicant which indicates that the Exmoor Location itself is key to this business and that the applicant’s need to live on site for reasons of animal husbandry, security or viability of the business;15. Concern about precedent should this proposal be granted planning permission.

COMMENTS FOLLOWING RECONSULTATION EXERCISE

4 letters of SUPPORT, with comments including:-1. The small holding is definitely not 9 to 5. The breeding program for the business cannot and should not be left unattended through the hours of darkness;2.The applicant’s produce is second to none;3. The proposed development would not interfere with the surroundings and I have not heard of any traffic problems;4. The business brings benefits to the local economy.

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Para 28 To promote a strong rural economy, local and neighbourhood plans should, inter alia, promote the development and diversification of agricultural and other land-based rural businesses;

Para 55To promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. For example, where there are groups of smaller settlements, development in one village may support services in a village nearby. Local planning authorities should avoid new isolated homes in the countryside unless there are special circumstances such as: the essential need for a rural worker to live permanently at or near their place of work in the countryside; or

PUBLICATION DRAFT EXMOOR LOCAL PLAN (2015)GP1 National Park Purposes and Sustainable DevelopmentCE-S1 Landscape CharacterCE-D1 Protecting Exmoor’s Landscapes and SeascapesCE-S2 Protecting Exmoor’s Dark Night SkyCE-S3 Biodiversity and Green Infrastructure CE-S6 Design & Sustainable Construction PrinciplesCC-D1 Flood RiskCC-S5 Low Carbon and Renewable Energy DevelopmentCC-D5 Sewerage Capacity and Sewage DisposalHC-S1 HousingHC-S2 A Balanced Local Housing StockHC-D8 New Build Dwellings in the Open Countryside HC-D9 Rural WorkersSE-S1 A Sustainable Exmoor EconomyAC-S1 Sustainable TransportAC-D1 Transport and Accessibility Requirements for new developmentAC-D2 Traffic and Road Safety Considerations for DevelopmentAC-S3 Traffic Management and ParkingAC-D3 Parking Provision and StandardsAnnex 2 Rural Land Based Worker Dwellings

The main issues to consider are whether there are special circumstances to justify an exception to national and local policies of restraint on isolated residential development in the countryside, the acceptability of the design of the development and its impact on the character and appearance of the locality, the impact of the development on the County Wildlife Site, impact on neighbouring amenity, flood risk matters and the suitability of the local highway network to accommodate the dwelling proposed without causing unacceptable harm to highway safety.

PRINCIPLEThe application site lies in open countryside, although not far from the settlement edge of Barbrook. Under the National Planning Policy Framework (NPPF), to promote sustainable development in rural areas, new isolated homes in the countryside should be avoided unless there are special circumstances, including where there is an essential need for a rural worker to live permanently at or near their place of work in the

Observations:

Para 28 To promote a strong rural economy, local and neighbourhood plans should, inter alia, promote the development and diversification of agricultural and other land-based rural businesses;

Para 55To promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. For example, where there are groups of smaller settlements, development in one village may support services in a village nearby. Local planning authorities should avoid new isolated homes in the countryside unless there are special circumstances such as: the essential need for a rural worker to live permanently at or near their place of work in the countryside; or

PUBLICATION DRAFT EXMOOR LOCAL PLAN (2015)GP1 National Park Purposes and Sustainable DevelopmentCE-S1 Landscape CharacterCE-D1 Protecting Exmoor’s Landscapes and SeascapesCE-S2 Protecting Exmoor’s Dark Night SkyCE-S3 Biodiversity and Green Infrastructure CE-S6 Design & Sustainable Construction PrinciplesCC-D1 Flood RiskCC-S5 Low Carbon and Renewable Energy DevelopmentCC-D5 Sewerage Capacity and Sewage DisposalHC-S1 HousingHC-S2 A Balanced Local Housing StockHC-D8 New Build Dwellings in the Open Countryside HC-D9 Rural WorkersSE-S1 A Sustainable Exmoor EconomyAC-S1 Sustainable TransportAC-D1 Transport and Accessibility Requirements for new developmentAC-D2 Traffic and Road Safety Considerations for DevelopmentAC-S3 Traffic Management and ParkingAC-D3 Parking Provision and StandardsAnnex 2 Rural Land Based Worker Dwellings

The main issues to consider are whether there are special circumstances to justify an exception to national and local policies of restraint on isolated residential development in the countryside, the acceptability of the design of the development and its impact on the character and appearance of the locality, the impact of the development on the County Wildlife Site, impact on neighbouring amenity, flood risk matters and the suitability of the local highway network to accommodate the dwelling proposed without causing unacceptable harm to highway safety.

PRINCIPLEThe application site lies in open countryside, although not far from the settlement edge of Barbrook. Under the National Planning Policy Framework (NPPF), to promote sustainable development in rural areas, new isolated homes in the countryside should be avoided unless there are special circumstances, including where there is an essential need for a rural worker to live permanently at or near their place of work in the

Observations:

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countryside. Policy H8 of the adopted Local Plan broadly reflect these objectives to restrict new development in the countryside unless for agriculture or forestry. Policy HC-D8 and Policy HC-D9 of the emerging Local Plan, which is at an advanced stage and is considered to carry weight in the determination of this application, provides a similar framework for supporting new build dwellings in the open countryside.

While the adopted Local Plan refers specifically to agricultural and forestry workers, the NPPF refers more generally to rural workers and the emerging Local Plan also refers to the broader term of rural worker. Under the emerging Local Plan new housing to meet the needs of rural workers in the open countryside will only be permitted where, among other matters, it is justified by a proven essential functional need for a full time rural worker in agriculture, forestry or other land based enterprises to live permanently at or near their place of work.

Rural land based enterprises are defined under the emerging Local Plan as “land based businesses operating in the open countryside, such as agriculture, forestry, associated farm diversification activities or enterprise that actively contribute to the management of the land”. Rural workers are defined as “people whose place of work is located within the countryside, typically comprising full time agricultural workers, forestry workers and others involved in rural land based enterprises”.

The business related to this application is considered to be a “rural land based enterprise”. It actively contributes to the management of the associated holding, albeit it relatively small in area, and the agricultural activities carried out are core to the business.

The Lyn Plan, under Policy P1, has a general policy seeking new development that makes, among other things, a positive contribution to delivering sustainable development and growth to enhance the self-reliance of the local community and economy, meeting economic and social needs and creating opportunities for the local community and economy to be stronger and to prosper. Policy ENV1 seeks to resist the extension of settlements onto adjoining greenfield sites unless the proposal is related to economic development or staff and seasonal worker accommodation. There is no specific policy under the Lyn Plan that is concerned with rural worker dwellings.

An agricultural appraisal has been submitted in support of the application papers. In summary the appraisal advises that the essential need to live on the site is commonly assessed by a calculation of the person hours required for the running of the holding. In these terms, the appraisal advises that there are over two labour units required for the holding. Amongst these hours, the appraisal explains, the farrowing of pigs, the hatchery, poultry protection and the wider animal husbandry needs of the extensive systems employed on the holding give rise to a need to be on site most of the time.

The courses offered are, considered by the appraisal, to be the other reason there is a need to be on site. The appraisal explains, the hands on, small and highly personal nature of the courses is their proven unique selling point. The courses are authentic in that they are based on the real thing.

The applicant's appraisal concludes that, taken together these two interrelated elements of the essential need to live on site are compelling and genuine. The farm business is judged by the appraisal to be sound and thriving, to be managed in a demonstrably

countryside. Policy H8 of the adopted Local Plan broadly reflect these objectives to restrict new development in the countryside unless for agriculture or forestry. Policy HC-D8 and Policy HC-D9 of the emerging Local Plan, which is at an advanced stage and is considered to carry weight in the determination of this application, provides a similar framework for supporting new build dwellings in the open countryside.

While the adopted Local Plan refers specifically to agricultural and forestry workers, the NPPF refers more generally to rural workers and the emerging Local Plan also refers to the broader term of rural worker. Under the emerging Local Plan new housing to meet the needs of rural workers in the open countryside will only be permitted where, among other matters, it is justified by a proven essential functional need for a full time rural worker in agriculture, forestry or other land based enterprises to live permanently at or near their place of work.

Rural land based enterprises are defined under the emerging Local Plan as “land based businesses operating in the open countryside, such as agriculture, forestry, associated farm diversification activities or enterprise that actively contribute to the management of the land”. Rural workers are defined as “people whose place of work is located within the countryside, typically comprising full time agricultural workers, forestry workers and others involved in rural land based enterprises”.

The business related to this application is considered to be a “rural land based enterprise”. It actively contributes to the management of the associated holding, albeit it relatively small in area, and the agricultural activities carried out are core to the business.

The Lyn Plan, under Policy P1, has a general policy seeking new development that makes, among other things, a positive contribution to delivering sustainable development and growth to enhance the self-reliance of the local community and economy, meeting economic and social needs and creating opportunities for the local community and economy to be stronger and to prosper. Policy ENV1 seeks to resist the extension of settlements onto adjoining greenfield sites unless the proposal is related to economic development or staff and seasonal worker accommodation. There is no specific policy under the Lyn Plan that is concerned with rural worker dwellings.

An agricultural appraisal has been submitted in support of the application papers. In summary the appraisal advises that the essential need to live on the site is commonly assessed by a calculation of the person hours required for the running of the holding. In these terms, the appraisal advises that there are over two labour units required for the holding. Amongst these hours, the appraisal explains, the farrowing of pigs, the hatchery, poultry protection and the wider animal husbandry needs of the extensive systems employed on the holding give rise to a need to be on site most of the time.

The courses offered are, considered by the appraisal, to be the other reason there is a need to be on site. The appraisal explains, the hands on, small and highly personal nature of the courses is their proven unique selling point. The courses are authentic in that they are based on the real thing.

The applicant's appraisal concludes that, taken together these two interrelated elements of the essential need to live on site are compelling and genuine. The farm business is judged by the appraisal to be sound and thriving, to be managed in a demonstrably

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environmentally sustainable way and to strongly support the sustainability of the local economy and community.

In analysing the essential need for permanent accommodation on site, the Authority has commissioned Landsense Professional to appraise the business.It is clear that the business involved is not extensive sheep or/and beef farming, which is more common place across Exmoor, and which has strongly contributed to much of Exmoor’s landscape character and appearance. The business is however a land based business related to a labour intensive, relatively small scale, agricultural business that operates training and experience courses directly related to that agricultural business. The business is judged to be a “rural land based enterprise” under the emerging Local Plan and the applicant’s are considered to be “rural workers”.

Both consultants who have advised on the essential need for permanent residential accommodation on the site agree that the business is financially sound with a clear prospect of remaining so. Landsense, who have been commissioned by the National Park Authority, consider the business has demonstrated that it has been profitable for a number of years, is currently financially sound and has a good prospect of remaining so. Landsense conclude, therefore, that the proposal would accord with Policy HC-D9 1(b) of the emerging Local Plan, which requires a rural land based business to be financially viable.

Turning to the essential need for permanent residential accommodation on site, there appears to be broad agreement that based purely on the agricultural activity alone at the holding, there would not be justification for a full-time presence and a dwelling on the holding could not be justified. The business is however comprised of interrelated elements that rely on the others for the business to succeed. This is to say, the purely agricultural side of the business cannot be viable without the value provided to the farm produce through the training and experience courses, and those courses could not operate authentically and viably without the core agricultural elements.

Landsense have analysed the information provided, visited the site and met with the applicant’s. Landsense’s initial assessment of the business, in July 2016, found that the agricultural element of the business alone presented a labour requirement for 0.59 of a full time worker. This rose to 0.96 full time workers if the course element of the business were included based on 48 courses taking place per year. Although, it was acknowledged that the business plan submitted shows that the proposal is to grow the number of courses each year over the next period of 5 years.

Further discussions have taken place and further details have been presented by the applicant. This includes up to date information on stock numbers as well as the number of courses that have taken place this year.

These details show that the applicant’s have advanced through their business plan. The details have been appraised by Landsense, who have provided an addendum to their initial report to reflect the updated figures and information provided. This addendum is attached to this report.

The applicant’s have a high profile media presence, which appears to be vital to the success of their business. It would appear to be a business that would be difficult to

environmentally sustainable way and to strongly support the sustainability of the local economy and community.

In analysing the essential need for permanent accommodation on site, the Authority has commissioned Landsense Professional to appraise the business.It is clear that the business involved is not extensive sheep or/and beef farming, which is more common place across Exmoor, and which has strongly contributed to much of Exmoor’s landscape character and appearance. The business is however a land based business related to a labour intensive, relatively small scale, agricultural business that operates training and experience courses directly related to that agricultural business. The business is judged to be a “rural land based enterprise” under the emerging Local Plan and the applicant’s are considered to be “rural workers”.

Both consultants who have advised on the essential need for permanent residential accommodation on the site agree that the business is financially sound with a clear prospect of remaining so. Landsense, who have been commissioned by the National Park Authority, consider the business has demonstrated that it has been profitable for a number of years, is currently financially sound and has a good prospect of remaining so. Landsense conclude, therefore, that the proposal would accord with Policy HC-D9 1(b) of the emerging Local Plan, which requires a rural land based business to be financially viable.

Turning to the essential need for permanent residential accommodation on site, there appears to be broad agreement that based purely on the agricultural activity alone at the holding, there would not be justification for a full-time presence and a dwelling on the holding could not be justified. The business is however comprised of interrelated elements that rely on the others for the business to succeed. This is to say, the purely agricultural side of the business cannot be viable without the value provided to the farm produce through the training and experience courses, and those courses could not operate authentically and viably without the core agricultural elements.

Landsense have analysed the information provided, visited the site and met with the applicant’s. Landsense’s initial assessment of the business, in July 2016, found that the agricultural element of the business alone presented a labour requirement for 0.59 of a full time worker. This rose to 0.96 full time workers if the course element of the business were included based on 48 courses taking place per year. Although, it was acknowledged that the business plan submitted shows that the proposal is to grow the number of courses each year over the next period of 5 years.

Further discussions have taken place and further details have been presented by the applicant. This includes up to date information on stock numbers as well as the number of courses that have taken place this year.

These details show that the applicant’s have advanced through their business plan. The details have been appraised by Landsense, who have provided an addendum to their initial report to reflect the updated figures and information provided. This addendum is attached to this report.

The applicant’s have a high profile media presence, which appears to be vital to the success of their business. It would appear to be a business that would be difficult to

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replicate. The applicant’s have found a niche and, as a result of their particular skills and marketing, are able to make this small parcel of farm and wood land the basis of a successful small scale land based rural business.

The business is believed to be unique on Exmoor in the sense that only by a combination of several key factors, such as utilising pigs to manage the woodland, the introduction of the value added courses, combining the courses with hands on teaching to reduce labour input, the sale of some of the butchered meat at the courses to both participants and customers near and far, and the high profile media position, that it is able to actively promote the smallholding that make this a sustainable business. The business, while unusual, is considered to present a functional need for a full-time worker to live on site. Both consultants agree that there is a functional need for accommodation on the site, and that the business is financial sound.

Under Policy HC-D9, where the need for a dwelling is proven, a planning condition will be attached to ensure that occupancy of the dwelling is confined to a rural worker in agriculture, forestry or other land based rural enterprise operating in the locality.

In addition, while not specifically a requirement under the Local Plan, should the Committee be minded to approve planning permission, the applicant’s have proposed that in the future should the holding not support a viable agricultural enterprise they are happy that it be conditioned the house be removed, (which, the applicants advise, its construction would facilitate).

In considering this particular blend of elements on a holistic basis, and having regard to the particular merits of the proposal and the circumstances of the business, the need for permanent accommodation on the holding to meet the needs of the rural land based business is considered to be established in principle. Other normal planning considerations do however need to be satisfied if planning permission is to be granted.

DESIGN AND IMPACT ON THE CHARACTER AND APPEARANCE OF THE LOCALITYThe proposed dwelling is modest in size. It would be single story and comprise approximately 68sqm. The site proposed for the dwelling is relatively discrete and the access would be via an existing trackway, which is enclosed by earth banks to either side for much of its length. The dwelling is proposed to be super insulated and constructed from a twin wall timber frame.

Externally the walls are proposed to be clad with larch boarding. The house would be off-grid and designed to make use of passive solar heating, photovoltaic and solar hot water. Back-up heating would be provided from biomass from the site.

There are two small existing farm buildings to the north and south of the site. The close back drop of ground and trees, the earth bank and hedge to the fore of the site proposed for the dwelling, together with the small scale nature of the house and its curtilage mean that the development would likely have limited impact on the character and appearance of the locality. The inconspicuous nature of the site means that the simple appearance of the dwelling is judged to be acceptable, although the proposed use of metal sheet cladding for the roof is a concern. The applicant’s have however indicated that they would be willing to consider alternative materials and, should the Committee be minded to approved planning permission, a condition of planning permission could be to agree

replicate. The applicant’s have found a niche and, as a result of their particular skills and marketing, are able to make this small parcel of farm and wood land the basis of a successful small scale land based rural business.

The business is believed to be unique on Exmoor in the sense that only by a combination of several key factors, such as utilising pigs to manage the woodland, the introduction of the value added courses, combining the courses with hands on teaching to reduce labour input, the sale of some of the butchered meat at the courses to both participants and customers near and far, and the high profile media position, that it is able to actively promote the smallholding that make this a sustainable business. The business, while unusual, is considered to present a functional need for a full-time worker to live on site. Both consultants agree that there is a functional need for accommodation on the site, and that the business is financial sound.

Under Policy HC-D9, where the need for a dwelling is proven, a planning condition will be attached to ensure that occupancy of the dwelling is confined to a rural worker in agriculture, forestry or other land based rural enterprise operating in the locality.

In addition, while not specifically a requirement under the Local Plan, should the Committee be minded to approve planning permission, the applicant’s have proposed that in the future should the holding not support a viable agricultural enterprise they are happy that it be conditioned the house be removed, (which, the applicants advise, its construction would facilitate).

In considering this particular blend of elements on a holistic basis, and having regard to the particular merits of the proposal and the circumstances of the business, the need for permanent accommodation on the holding to meet the needs of the rural land based business is considered to be established in principle. Other normal planning considerations do however need to be satisfied if planning permission is to be granted.

DESIGN AND IMPACT ON THE CHARACTER AND APPEARANCE OF THE LOCALITYThe proposed dwelling is modest in size. It would be single story and comprise approximately 68sqm. The site proposed for the dwelling is relatively discrete and the access would be via an existing trackway, which is enclosed by earth banks to either side for much of its length. The dwelling is proposed to be super insulated and constructed from a twin wall timber frame.

Externally the walls are proposed to be clad with larch boarding. The house would be off-grid and designed to make use of passive solar heating, photovoltaic and solar hot water. Back-up heating would be provided from biomass from the site.

There are two small existing farm buildings to the north and south of the site. The close back drop of ground and trees, the earth bank and hedge to the fore of the site proposed for the dwelling, together with the small scale nature of the house and its curtilage mean that the development would likely have limited impact on the character and appearance of the locality. The inconspicuous nature of the site means that the simple appearance of the dwelling is judged to be acceptable, although the proposed use of metal sheet cladding for the roof is a concern. The applicant’s have however indicated that they would be willing to consider alternative materials and, should the Committee be minded to approved planning permission, a condition of planning permission could be to agree

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an alternative natural material for the roof.

Having regard to the scale of the development together with the inconspicuous nature of the application site, the sustainable design of the dwelling, and acknowledging that a planning condition could be utilised to secure an alternative roofing material, the design of the proposed dwelling and its impact on the character and appearance of the locality is judged to be acceptable. COUNTY WILDLIFE SITEThe dwelling is proposed on the edge of the Stock Wood County Wildlife Site, which is designated for its broad leaved woodland habitat.

Ecological survey reports have been submitted in support of the application. The latest of the reports submitted evaluates the woodland in which the proposed new building would be located. The proposed new building is relatively small and shown with a tight curtilage around the building. The building would be sited in an area of the woodland that has been excavated to provide a level pull-in area alongside the existing track, which runs below the woodland, and separates the wood from the applicants pasture land that runs alongside the West Lyn River. The ecological report estimates that there would be a loss of approximately 240 square metres of what is described as Hazel/Hawthorn scrub. The ecological report assess the woodland in the vicinity of the application site to be of poor quality because it lacks an understorey and ground layer. The ecological survey considers the County Wildlife to be approximately 6 hectares in area. The area of the Country Wildlife Site that would be impacted by the proposed development is therefore approximately 0.4 percent of the whole County Wildlife Site. The report submitted concludes that the area of woodland affected by the proposed development is unsuitable habitat for dormice due to the absence of any understorey and ground flora. Having regard to the details submitted and the survey work carried out, the Authority Conservation Officer (Wildlife) is content with the proposals. Therefore, given the relative condition of the area of County Wildlife Site likely to be impacted by the proposed development, together with the relative size of the area in relation to the wider designated site, and in accepting the need for the development proposed, as well as acknowledging that for flood risk reasons no suitable site outside the Country Wildlife Site is available, the development proposed is judged to be acceptable in terms of its potential impact on the interests of the County Wildlife Site.

NEIGHBOURING AMENITYThe application site is relatively inconspicuous due to there being very little opportunity to view the site from publically accessible positions.

The land slopes steeply to the west and there is an existing out grown hedge and bank to the east of the application site. Beyond the hedge is the applicants pasture land, which leads to the West Lyn River, and beyond that is woodland.

The nearest residential neighbour is greater than 140 metres from the application site. Residential neighbours are either separated from the site by a field, main river and vegetation, or fields and vegetation.

While the development is likely to result in an increase in traffic movements along the local highway network, this is judged to have a negligible impact on local and

an alternative natural material for the roof.

Having regard to the scale of the development together with the inconspicuous nature of the application site, the sustainable design of the dwelling, and acknowledging that a planning condition could be utilised to secure an alternative roofing material, the design of the proposed dwelling and its impact on the character and appearance of the locality is judged to be acceptable. COUNTY WILDLIFE SITEThe dwelling is proposed on the edge of the Stock Wood County Wildlife Site, which is designated for its broad leaved woodland habitat.

Ecological survey reports have been submitted in support of the application. The latest of the reports submitted evaluates the woodland in which the proposed new building would be located. The proposed new building is relatively small and shown with a tight curtilage around the building. The building would be sited in an area of the woodland that has been excavated to provide a level pull-in area alongside the existing track, which runs below the woodland, and separates the wood from the applicants pasture land that runs alongside the West Lyn River. The ecological report estimates that there would be a loss of approximately 240 square metres of what is described as Hazel/Hawthorn scrub. The ecological report assess the woodland in the vicinity of the application site to be of poor quality because it lacks an understorey and ground layer. The ecological survey considers the County Wildlife to be approximately 6 hectares in area. The area of the Country Wildlife Site that would be impacted by the proposed development is therefore approximately 0.4 percent of the whole County Wildlife Site. The report submitted concludes that the area of woodland affected by the proposed development is unsuitable habitat for dormice due to the absence of any understorey and ground flora. Having regard to the details submitted and the survey work carried out, the Authority Conservation Officer (Wildlife) is content with the proposals. Therefore, given the relative condition of the area of County Wildlife Site likely to be impacted by the proposed development, together with the relative size of the area in relation to the wider designated site, and in accepting the need for the development proposed, as well as acknowledging that for flood risk reasons no suitable site outside the Country Wildlife Site is available, the development proposed is judged to be acceptable in terms of its potential impact on the interests of the County Wildlife Site.

NEIGHBOURING AMENITYThe application site is relatively inconspicuous due to there being very little opportunity to view the site from publically accessible positions.

The land slopes steeply to the west and there is an existing out grown hedge and bank to the east of the application site. Beyond the hedge is the applicants pasture land, which leads to the West Lyn River, and beyond that is woodland.

The nearest residential neighbour is greater than 140 metres from the application site. Residential neighbours are either separated from the site by a field, main river and vegetation, or fields and vegetation.

While the development is likely to result in an increase in traffic movements along the local highway network, this is judged to have a negligible impact on local and

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neighbouring amenity. Furthermore, because of the distance to residential neighbours and the intervening ground cover, the proposed development is judged to have no material impact on the amenity already enjoyed at neighbouring properties.

FLOOD RISKThe application site lies on the fringe of Flood Zone 2 and Flood Zone 3. A Flood Risk Assessment has been submitted in support of the application and the proposals have been amended during the course of the application following an initial objection from the Environment Agency. The changes include re-siting the dwelling slightly further west and away from the West Lyn River, and the omission of a proposal to bring a trackway into the grass field to the east of the dwelling.

The site for the dwelling remains close to the edge of Flood Zone 3, where flood depths are expected to be shallow and not pose a hazard. The Environment Agency, however, consider that the revised proposal addresses their initial concern, and that the proposed development would not result in an increase in flood risk, provided that the finished floor levels for the dwelling are at least 300mm above the adjacent track level.

In terms of the sequential risk-based approach to the location of development, typically development should be directed to those areas at little or no risk of flooding from any source rather than those areas at higher risk. The aim is to keep development out of medium and high flood risk areas, i.e. Flood Zones 2 and 3, and other areas affected by other sources of flooding where possible.

In this case the site lies close to Flood Zones 2 and 3, where there is a risk of flooding as outlined above. There is however no reasonably available sites at less risk of flooding that the applicant’s could utilise to accommodate the development proposed if the need for the accommodation on this site is to be met. The applicant’s own land in Flood Zone 1, but this is principally woodland and all the land is in a County Wildlife Site and is typically steep sloping.

The Lead Local Flood Authority are content with the proposal subject to a drainage condition.

In having regard to the above, the proposed development is judged to be acceptable from a flood risk management point of view.

HIGHWAY SAFETYPolicy TR3 of the adopted Local Plan advises that development which will cause unacceptable levels of traffic in terms of environmental or physical capacity of the local road network, or would prejudice road safety interests, will not be permitted. Policy AC-D2 of the emerging Local Plan provides similar advice.

The application site is accessed via a private track that leads from the single width public highway near the bottom of Ilkerton Hill. The access track at its junction with the public highway is narrow and steep and joins the highway at an angle, and on to a sloping section of the road. That road in turn passes close to residential properties up from its junction with the A39, further to the north and is devoid of pedestrian footways.

An Officer of the Local Highway Authority visited the site and advised the National Park

neighbouring amenity. Furthermore, because of the distance to residential neighbours and the intervening ground cover, the proposed development is judged to have no material impact on the amenity already enjoyed at neighbouring properties.

FLOOD RISKThe application site lies on the fringe of Flood Zone 2 and Flood Zone 3. A Flood Risk Assessment has been submitted in support of the application and the proposals have been amended during the course of the application following an initial objection from the Environment Agency. The changes include re-siting the dwelling slightly further west and away from the West Lyn River, and the omission of a proposal to bring a trackway into the grass field to the east of the dwelling.

The site for the dwelling remains close to the edge of Flood Zone 3, where flood depths are expected to be shallow and not pose a hazard. The Environment Agency, however, consider that the revised proposal addresses their initial concern, and that the proposed development would not result in an increase in flood risk, provided that the finished floor levels for the dwelling are at least 300mm above the adjacent track level.

In terms of the sequential risk-based approach to the location of development, typically development should be directed to those areas at little or no risk of flooding from any source rather than those areas at higher risk. The aim is to keep development out of medium and high flood risk areas, i.e. Flood Zones 2 and 3, and other areas affected by other sources of flooding where possible.

In this case the site lies close to Flood Zones 2 and 3, where there is a risk of flooding as outlined above. There is however no reasonably available sites at less risk of flooding that the applicant’s could utilise to accommodate the development proposed if the need for the accommodation on this site is to be met. The applicant’s own land in Flood Zone 1, but this is principally woodland and all the land is in a County Wildlife Site and is typically steep sloping.

The Lead Local Flood Authority are content with the proposal subject to a drainage condition.

In having regard to the above, the proposed development is judged to be acceptable from a flood risk management point of view.

HIGHWAY SAFETYPolicy TR3 of the adopted Local Plan advises that development which will cause unacceptable levels of traffic in terms of environmental or physical capacity of the local road network, or would prejudice road safety interests, will not be permitted. Policy AC-D2 of the emerging Local Plan provides similar advice.

The application site is accessed via a private track that leads from the single width public highway near the bottom of Ilkerton Hill. The access track at its junction with the public highway is narrow and steep and joins the highway at an angle, and on to a sloping section of the road. That road in turn passes close to residential properties up from its junction with the A39, further to the north and is devoid of pedestrian footways.

An Officer of the Local Highway Authority visited the site and advised the National Park

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Authority of a number of deficiencies insofar as highway matters are concerned. The Local Highway Authority identified concerns and recommends that planning permission be refused on 4 grounds. The reasons recommended for refusal include concerns that the proposal would cause a material increase in traffic along a substandard section of road causing additional danger to all users of the road and interference with the free flow of traffic; concern with the increased use of the junction onto the Class 1 County Road (the A39), with additional increase in danger to all road users; the potential increase in conflict between traffic movements at the junction with the A39 and the existing petrol filling station; and, the local access roads being of inadequate width, lacking footway or grass verge provision, being judged to be unsuitable to accommodate the increase in traffic likely to be generated by the proposals.

These matters have been discussed further with the applicant’s who consider that the proposal for accommodation at the holding would not see a material increase in traffic along the local highway network. The argument being that by living on site, the traffic movements to and from the property would be less than if the applicant’s lived off the holding, but nearby. The argument is that if the applicant’s did not live on the holding they would need to travel to and from the holding more frequently throughout the day to see to stock and tend to management of the holding. Therefore, there is potentially the argument that there would not be a material change in traffic movements along the local road and through the junctions identified.

The Highway Authority have considered this argument and, while aware of numerous occasions where this argument has been put forward, the Authority do not agree and advise that, realistically, the holding may see 2 to 4 traffic movements per day if the applicant does not reside on the site. The Highway Authority advise that this is likely to be made up of i) morning entry, reside all day and evening departure, or ii) morning entry and departure and evening entry and departure.

With the proposal for a dwelling on site, the Local Highway Authority advise that traffic movements would occur in relation to:

1) Education needs or any children to and from school;2) Other forms of employment;3) Courier and post office deliveries;4) Veterinary attendance;5) Health centres, dental practices etc;6) Casual visitors to the site, i.e. friends; and 7) Persons registered on the various courses offered by the applicant.

The Highway Authority advise that 6 to 8 traffic movements per day are associated to dwelling houses and, therefore, on the basis of the above, the proposal for permanent residential accommodation on the site would see a material increase in traffic movements, and those traffic movements cause harm along a narrow lane with substandard junctions.

In response to the Highway Authority objection the applicant’s have commissioned a highways report. This technical report seeking to demonstrate that the proposal would see a reduction of traffic along the local highway and associated junctions. The report advises that the only possible access to the site is by a 4x4 vehicle because of ground

Authority of a number of deficiencies insofar as highway matters are concerned. The Local Highway Authority identified concerns and recommends that planning permission be refused on 4 grounds. The reasons recommended for refusal include concerns that the proposal would cause a material increase in traffic along a substandard section of road causing additional danger to all users of the road and interference with the free flow of traffic; concern with the increased use of the junction onto the Class 1 County Road (the A39), with additional increase in danger to all road users; the potential increase in conflict between traffic movements at the junction with the A39 and the existing petrol filling station; and, the local access roads being of inadequate width, lacking footway or grass verge provision, being judged to be unsuitable to accommodate the increase in traffic likely to be generated by the proposals.

These matters have been discussed further with the applicant’s who consider that the proposal for accommodation at the holding would not see a material increase in traffic along the local highway network. The argument being that by living on site, the traffic movements to and from the property would be less than if the applicant’s lived off the holding, but nearby. The argument is that if the applicant’s did not live on the holding they would need to travel to and from the holding more frequently throughout the day to see to stock and tend to management of the holding. Therefore, there is potentially the argument that there would not be a material change in traffic movements along the local road and through the junctions identified.

The Highway Authority have considered this argument and, while aware of numerous occasions where this argument has been put forward, the Authority do not agree and advise that, realistically, the holding may see 2 to 4 traffic movements per day if the applicant does not reside on the site. The Highway Authority advise that this is likely to be made up of i) morning entry, reside all day and evening departure, or ii) morning entry and departure and evening entry and departure.

With the proposal for a dwelling on site, the Local Highway Authority advise that traffic movements would occur in relation to:

1) Education needs or any children to and from school;2) Other forms of employment;3) Courier and post office deliveries;4) Veterinary attendance;5) Health centres, dental practices etc;6) Casual visitors to the site, i.e. friends; and 7) Persons registered on the various courses offered by the applicant.

The Highway Authority advise that 6 to 8 traffic movements per day are associated to dwelling houses and, therefore, on the basis of the above, the proposal for permanent residential accommodation on the site would see a material increase in traffic movements, and those traffic movements cause harm along a narrow lane with substandard junctions.

In response to the Highway Authority objection the applicant’s have commissioned a highways report. This technical report seeking to demonstrate that the proposal would see a reduction of traffic along the local highway and associated junctions. The report advises that the only possible access to the site is by a 4x4 vehicle because of ground

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clearance along the private access and concludes that, the existing holding, based on the applicant’s living away from the site, generates 68 two-way traffic movements per week. The report advises that a theoretical test with dwelling on the site unconnected with the farm business could generate 48 two-way trips per week, and that if permission is granted for the development proposed, with the applicant’s living on the site, this would be reduced to 11 to 12 two way trips per week.

The Local Highway Authority has considered this further detail and advise that the technical report does not change the conclusions reached by the Authority. The Highway Authority point out that any planning permission rests with the land, rather than being personal to the applicant’s and this is considered to be a fundamental issue, which the technical note does not address.

There is clearly disagreement between two highway professionals. The applicant’s seek to demonstrate that their particular circumstances mean that there would be a reduction in traffic movements to the site if permission is granted for a dwelling on the holding. The Highway Authority is however clear in its advice, having considered all the details that have been submitted. The argument of the Highway Authority that the agricultural holding without a dwelling is less likely to generate as much traffic as the agricultural holding with a dwelling, is compelling. The reasons for this include, that a permanent dwelling on the holding, while likely to reduce the traffic movements of the applicant’s attributed to their travelling to the holding to carry out tasks associated with farm management, is unlikely to see that the reduction of those movements would offset the likely increase in movements associated with trips for groceries, health care, visits to and from friends and family, trips to potential other employment or to attend local events and shows etc., all of which could reasonably be attributed to a dwelling. In this case there are also the movements associated with the courses.

The advice of the Local Highway Authority is clear and the Highway Authority has considered the full arguments of the applicant’s, including the technical note provided, in reaching the recommendation that planning permission be refused.

The local highway network providing access to the site is not considered to have sufficient capacity or design to safely accommodate the extra traffic movements associated with the proposed development.

SUMMARYTwo professional agents, one on behalf of the applicant and one on behalf of the National Park Authority, have assessed the land based business and the essential need for a full time worker to live permanently on the holding. Both agents agree that the particular circumstances of the business present a need for a dwelling on the site.

The proposed dwelling is of simple form and relatively small scale. The site is discrete and the proposed development is judged to have a limited impact on the character and appearance of the locality. The site occupies a small part of a County Wildlife Site, but having regard to the relative size of the area affected and its condition together with the matter that sites potentially available outside of the County Wildlife Site are subject to a high risk of flooding, the impact on the particular interests of the County Wildlife Site and important wildlife habitat is considered to be low and acceptable. The site lies close to Flood Zone 3, but subject to appropriate finished floor level within the dwelling, the

clearance along the private access and concludes that, the existing holding, based on the applicant’s living away from the site, generates 68 two-way traffic movements per week. The report advises that a theoretical test with dwelling on the site unconnected with the farm business could generate 48 two-way trips per week, and that if permission is granted for the development proposed, with the applicant’s living on the site, this would be reduced to 11 to 12 two way trips per week.

The Local Highway Authority has considered this further detail and advise that the technical report does not change the conclusions reached by the Authority. The Highway Authority point out that any planning permission rests with the land, rather than being personal to the applicant’s and this is considered to be a fundamental issue, which the technical note does not address.

There is clearly disagreement between two highway professionals. The applicant’s seek to demonstrate that their particular circumstances mean that there would be a reduction in traffic movements to the site if permission is granted for a dwelling on the holding. The Highway Authority is however clear in its advice, having considered all the details that have been submitted. The argument of the Highway Authority that the agricultural holding without a dwelling is less likely to generate as much traffic as the agricultural holding with a dwelling, is compelling. The reasons for this include, that a permanent dwelling on the holding, while likely to reduce the traffic movements of the applicant’s attributed to their travelling to the holding to carry out tasks associated with farm management, is unlikely to see that the reduction of those movements would offset the likely increase in movements associated with trips for groceries, health care, visits to and from friends and family, trips to potential other employment or to attend local events and shows etc., all of which could reasonably be attributed to a dwelling. In this case there are also the movements associated with the courses.

The advice of the Local Highway Authority is clear and the Highway Authority has considered the full arguments of the applicant’s, including the technical note provided, in reaching the recommendation that planning permission be refused.

The local highway network providing access to the site is not considered to have sufficient capacity or design to safely accommodate the extra traffic movements associated with the proposed development.

SUMMARYTwo professional agents, one on behalf of the applicant and one on behalf of the National Park Authority, have assessed the land based business and the essential need for a full time worker to live permanently on the holding. Both agents agree that the particular circumstances of the business present a need for a dwelling on the site.

The proposed dwelling is of simple form and relatively small scale. The site is discrete and the proposed development is judged to have a limited impact on the character and appearance of the locality. The site occupies a small part of a County Wildlife Site, but having regard to the relative size of the area affected and its condition together with the matter that sites potentially available outside of the County Wildlife Site are subject to a high risk of flooding, the impact on the particular interests of the County Wildlife Site and important wildlife habitat is considered to be low and acceptable. The site lies close to Flood Zone 3, but subject to appropriate finished floor level within the dwelling, the

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development is judged to be acceptable from a flood risk point of view.

The prospective route to the application gives cause for concern about increasing traffic on and through an already substandard road and junctions, and where there is a lack of footpath provision and houses open straight onto the highway. For this reason, having regard to the range of planning issues, the proposed development is judged to be unacceptable and the Officer recommendation is that planning permission be refused as set out below.

In addition, and in respect of the unauthorised mobile home that has been stationed on the site and occupied as residential accommodation, should the Committee be minded to refuse planning permission in respect of the dwelling proposed, Officers seek delegated authority to take enforcement action and any related necessary legal proceedings to remedy the breach of planning control and the harm cause to amenity in respect of the mobile and its associated development. Taking into account the provisions of the Human Rights Act 1998 and Equalities Act 2010 and that such decisions must be in the public interest and be proportionate, it is recommended that a 12 month period is an acceptable period of time to allow for the use of the mobile home to cease and the removal of the unauthorised building works.

Recommendation:Refuse for the following reasons

development is judged to be acceptable from a flood risk point of view.

The prospective route to the application gives cause for concern about increasing traffic on and through an already substandard road and junctions, and where there is a lack of footpath provision and houses open straight onto the highway. For this reason, having regard to the range of planning issues, the proposed development is judged to be unacceptable and the Officer recommendation is that planning permission be refused as set out below.

In addition, and in respect of the unauthorised mobile home that has been stationed on the site and occupied as residential accommodation, should the Committee be minded to refuse planning permission in respect of the dwelling proposed, Officers seek delegated authority to take enforcement action and any related necessary legal proceedings to remedy the breach of planning control and the harm cause to amenity in respect of the mobile and its associated development. Taking into account the provisions of the Human Rights Act 1998 and Equalities Act 2010 and that such decisions must be in the public interest and be proportionate, it is recommended that a 12 month period is an acceptable period of time to allow for the use of the mobile home to cease and the removal of the unauthorised building works.

Recommendation:Refuse for the following reasons

The increased use of the access onto the public highway, resulting from the proposed development would, by reason of the limited visibility from and of vehicles using the access, its horizontal alignment, width, gradient and condition, be likely to result in additional danger to all users of the road and interference with the free flow of traffic contrary to Policy RT3 of the Exmoor National Park Local Plan (including minerals & waste policies) 2001-2011 and Policy AC-D2 of the Exmoor National Park Local Plan (including minerals and waste policies) Publication Draft (March 2015).

1.

The increased use of the junction onto the Class 1 County Road, the A39, resulting from the proposed development would, by reason of the limited visibility from and or vehicles using the junction is likely to result in additional danger to all users of the road and interference with the free flow of traffic contrary to Policy RT3 of the Exmoor National Park Local Plan (including minerals & waste policies) 2001-2011 and Policy AC-D2 of the Exmoor National Park Local Plan (including minerals and waste policies) Publication Draft (March 2015).

2.

The proposed development is likely to increase the conflict of traffic movements at the junction with the A39 and existing petrol filling station, resulting in additional danger and inconvenience to all users of the A39/unclassified road junction contrary to Policy RT3 of the Exmoor National Park Local Plan (including minerals & waste policies) 2001-2011 and Policy AC-D2 of the Exmoor National Park Local Plan (including minerals and waste policies) Publication Draft (March 2015).

3.

The increased use of the access onto the public highway, resulting from the proposed development would, by reason of the limited visibility from and of vehicles using the access, its horizontal alignment, width, gradient and condition, be likely to result in additional danger to all users of the road and interference with the free flow of traffic contrary to Policy RT3 of the Exmoor National Park Local Plan (including minerals & waste policies) 2001-2011 and Policy AC-D2 of the Exmoor National Park Local Plan (including minerals and waste policies) Publication Draft (March 2015).

1.

The increased use of the junction onto the Class 1 County Road, the A39, resulting from the proposed development would, by reason of the limited visibility from and or vehicles using the junction is likely to result in additional danger to all users of the road and interference with the free flow of traffic contrary to Policy RT3 of the Exmoor National Park Local Plan (including minerals & waste policies) 2001-2011 and Policy AC-D2 of the Exmoor National Park Local Plan (including minerals and waste policies) Publication Draft (March 2015).

2.

The proposed development is likely to increase the conflict of traffic movements at the junction with the A39 and existing petrol filling station, resulting in additional danger and inconvenience to all users of the A39/unclassified road junction contrary to Policy RT3 of the Exmoor National Park Local Plan (including minerals & waste policies) 2001-2011 and Policy AC-D2 of the Exmoor National Park Local Plan (including minerals and waste policies) Publication Draft (March 2015).

3.

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PROACTIVE STATEMENT In accordance with the requirements of Article 31 of the Town and Country Planning (Development Management Procedure) (England) Order, 2010, as amended in determining this application, Exmoor National Park Authority has worked positively and proactively with the agent to achieve a positive outcome. However, in this instance the relevant planning considerations have not been addressed and the application has therefore been refused.

Notes to Applicant:Notes to Applicant:

The county road providing access to the site is, by reason of its inadequate width and lack of footway/grass verge provision, unsuitable to accommodate the increase in traffic likely to be generated contrary to Policy RT3 of the Exmoor National Park Local Plan (including minerals & waste policies) 2001-2011 and Policy AC-D2 of the Exmoor National Park Local Plan (including minerals and waste policies) Publication Draft (March 2015).

4. The county road providing access to the site is, by reason of its inadequate width and lack of footway/grass verge provision, unsuitable to accommodate the increase in traffic likely to be generated contrary to Policy RT3 of the Exmoor National Park Local Plan (including minerals & waste policies) 2001-2011 and Policy AC-D2 of the Exmoor National Park Local Plan (including minerals and waste policies) Publication Draft (March 2015).

4.

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