Lawful Development Certificate for Neptune Orchard, Lower Halstow May 2021 MWB/15397
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Lawful Development Certificate for Neptune Orchard, Lower Halstow May 2021 MWB/15397
Contents 1.1 Introduction .......................................................................................................................... 2 1.2 Background .......................................................................................................................... 2 1.3 Procedural Matters ............................................................................................................... 3 1.4 Case on behalf of the Applicant ............................................................................................ 3 1.5 Planning History ................................................................................................................... 4 1.6 Site History ........................................................................................................................... 5 1.7 Submitted Evidence ............................................................................................................. 9 1.8 Conclusions ........................................................................................................................ 10
CLEUD - Neptune Orchard
15397
1.1 Introduction
1.1.1 This statement accompanies an application for a Certificate of Lawful Existing Use
or Development (CLEUD) for the use of the land and buildings at Neptune Orchard,
Vicarage Lane, Lower Halstow for equestrian purposes. The application is made
on behalf of our client, Mrs Pamela Shellard, the current owner of the site.
1.1.2 This Statement provides supporting information and has been prepared to bring
together and explain the evidence submitted in support of the application.
1.2 Background
1.2.1 The site is located to the east of the village of Lower Halstow. It lies outside but
close to the built-up area boundary of Lower Halstow, which is situated to the
west of the site. Lower Halstow is a small village which falls between the towns
of Sittingbourne (located 7.4km east) and Rainham (located 5.8km miles west).
1.2.2 The site comprises an irregularly shaped land parcel currently used as an
equestrian facility. Access is provided at the west of the site off Vicarage Lane.
The site consists of a group of buildings and associated hardstanding, used as
horses’ stables, surrounded by several paddocks. A site layout plan is provided as
part of this application, and an extract showing the layout of the existing built
form is provided at figure 1 below:
Figure 1: Site Layout Plan
1.2.3 The buildings as labelled above comprise:
Page 2 of 10
CLEUD - Neptune Orchard
15397
a. Triple Stable Block
b. Barn
c. Hay Barn
d. Kitchen – Workshop
e. Triple Stable Block
f. Toilets
1.2.4 The buildings generally comprise timber-built structures, typical of equestrian and
stabling facilities. The buildings sit on concrete bases and are built around a yard.
1.3 Procedural Matters
1.3.1 The National Planning Policy Guidance (which recently replaced the previous
guidance contained in Circular 10/97) confirms that uses and operations are lawful
if no enforcement action has been taken against them and they are not in
contravention of any enforcement notice which is in force. Section 191 of the
Town and Country Planning Act 1990 confirms that development is lawful where
the time for taking enforcement action has expired. Section 171B of the Town and
Country Planning Act 1990 confirms that where a breach of planning control,
constituting the change of use of any building to another use, which is not
residential, no enforcement action may be taken after the end of the period ten
years beginning with the date of the breach. Section 171B also provides that where
a breach of planning control consisting of the carrying out of building operations
has taken place no enforcement action may be taken after the end of the period
of four years beginning with the date on which the operations were substantially
completed.
1.3.2 While the burden of proof in such applications lies firmly with the applicant, the
relevant test is the "balance of probability" rather than the more onerous "beyond
reasonable doubt" test under criminal law.
1.3.3 As the NPPG sets out, a local planning authority needs to consider whether, on
the facts of the case and relevant planning law, the specific matter is or would be
lawful. Planning merits are not relevant at any stage in this particular application
process.
1.4 Case on behalf of the Applicant
1.4.1 The main issues for consideration in relation to this application and the submitted
evidence include:
• Whether the equestrian use has taken place for a period in excess of ten
years prior to the date of application;
Page 3 of 10
CLEUD - Neptune Orchard
15397
• Whether the existing buildings have been in place for a period in excess of
four years prior to the date of the application;
• Signed witness statements from the landowner and third parties;
• Signed letters from third-parties;
• Historic photographs and aerial photography;
• Current and Historic Site Plans;
• 2012 and 2016 Auction Particulars.
1.5 Planning History
1.5.1 The site’s planning history is summarised within the table below:
Application Description Decision
Ref.
19/500375/FUL Provision of a 45m x 25m equestrian Application
L manège with silica sand and rubber Permitted,
chip topping. 02/04/2019
SW/11/1613 Change of use of agricultural land to Grant of
equestrian. Demolish existing derelict Conditional PP,
agricultural buildings, erect new barn 06/02/2012
on the footprint of the existing, erect
new stable block on the footprint of the
existing.
SW/11/0732 Demolish existing derelict agricultural Application
buildings. Erect new barn on the Withdrawn,
footprint of the existing and new stable 09/12/2011
block on the footprint & the existing.
SW/94/0556 Demolition of outbuildings and Application
construction of steel-framed portal Refused,
barn 09/09/1994
SW/86/0288 Outline application for bungalow and Application
detached double garage Refused,
18/07/1986
1.5.2 Of note is a planning permission granted in February 2012 for the change of use
of agricultural land to equestrian. It appears that this application sought to
regularise the existing use, as there is overwhelming evidence as presented in this
application, to confirm that the site had been in equestrian use well before the
Page 4 of 10
CLEUD - Neptune Orchard
15397
date of that application. In any event the landowner at the time chose not to
redevelop the site as proposed through that application, and instead undertook to
refurbish the site in its existing form, including the refurbishment of many and the
demolition of some of the buildings which already existed at that time.
1.6 Site History
1.6.1 There is evidence of the existence of buildings on site dating back to an aerial
photograph of 1960, and subsequent historic maps reflect this, showing the
existence of the current access track leading to a collection of buildings broadly
located on the site of the current built form. By 1990, the site’s built form had
grown and the buildings and paddocks were largely arranged in the same way as
the present day.
Figure 2: Aerial Image, 1990
Page 5 of 10CLEUD - Neptune Orchard
15397
1.6.2 A further aerial photograph from 2007 shows the site in the same arrangement,
with the paddocks clearly defined.
Figure 3: Aerial Image, 2007
1.6.3 A subsequent image shows little change between 2007 and 2011. The buildings
remain in place and the surrounding paddocks remain well defined.
Figure 4: Aerial Image, 2011
Page 6 of 10CLEUD - Neptune Orchard
15397
1.6.4 By 2013 site appears to have been tidied up, and a new hard surface laid.
Figure 5: Aerial Image, 2013
1.6.5 By 2015, the refurbished buildings are now visible, showing the site in its current
form and the paddocks well defined.
Figure 6: Aerial Image, 2015
Page 7 of 10CLEUD - Neptune Orchard
15397
1.6.6 The most recent aerial photograph dates to 2020 and shows the site in its current
form, including the establishment of a menage in the northern paddock, which
was granted planning permission in April 2019. As can be seen each of the built
structures on the site remain as on the above 2015 aerial photograph, therefore
demonstrating their presence for over 4 years.
Figure 7: Aerial Image, 2020
1.6.7 As presented within the accompanying evidence, the site (including the land and
buildings) has been in equestrian use for a period well in excess of 10 years prior
to the date of this application. Table 2 below summarises the chronology of
ownership and use:
Dates Ownership Description of Use & Development
1987-1999 George Cuff Wendy Tress kept a horse on site between 1991
and 1993
George Cuff also kept horses on the site
1991-1993 George Cuff Janet Jenkins kept a horse on site between
1987 and 1999
1999-2012 Mr & Mrs Atkins Annabel Gallagher kept horses on the site
between 2008 and 2012
2012 Auction Particulars describe the site as
being an equestrian smallholding
Page 8 of 10CLEUD - Neptune Orchard
15397
2012-2016 Christine Patricia Christopher Carr undertook various works on
Carr the site to enhance the equestrian use. The
works were substantially completed in June
2013.
The site continued to be used for the stabling
and grazing of horses
2016- Pamela Shellard The site was marketed as an equestrian
present day property, it contained 6 horse stables and
several paddocks.
The site has continued to be used for equestrian
purposes and a menage has recently been
constructed following the grant of planning
permission in 2019.
1.7 Submitted Evidence
1.7.1 This application is accompanied by the following evidence:
Signed Witness Statements by:
• Pamela Shellard – the current landowner, confirming the current use and
development and summarising understanding of the historic use based on
the evidence compiled
• Richard Shellard – the husband of the current landowner, confirming the
current use and development and summarising understanding of the
historic use based on the evidence compiled
• Christine Patricia Carr – confirming that she has observed the equestrian
use of the site over a period in excess of 10 years, and that the existing
buildings have been in place for over 20 years
• Christopher Carr – describing the equestrian use of the site over a period
in excess of 10 years, and confirming that the refurbishment works took
place and were substantially completed by June 2013
Signed letters by:
• Janet Jenkins – confirming that she kept a horse on the site between 1987
and 1999, and that she observed the equestrian use of the site over many
years
Page 9 of 10CLEUD - Neptune Orchard
15397
• Wendy Tress – confirming that she kept a horse on the site between 1991
and 1993, and that she has observed the equestrian use of the site over
the past 30 years
• Clifford Martin – the Farrier who has shoeing horses on the site over many
years
Additionally,
• Aerial Photography from 1990, 2007, 2011, 2013, 2015, 2020 contained
within this statement
• Photographs of the Site from August 2012, September 2015 and October
2016
• 2012 Auction Particulars
• 2016 Auction Particulars
• July 2012 Site Plan
1.7.2 In addition the application is accompanied by a Site Location Plan (Ref:
DHA/15397/01) and an Existing Site Layout Plan (Ref: DHA/15397/02).
1.8 Conclusions
1.8.1 The landowner has obtained evidence going back many years and number of
previous site owner and users of the site have been willing to prepare and sign
witness statements and letters confirming their knowledge, observations and
experiences of the site over many years.
1.8.2 In light of the evidence submitted, it is clear that the site in question has been
used for equestrian purposes uninterrupted and continuously for a period well in
excess of ten years. Additionally, it is clear that the existing buildings on site have
been in place for a period substantially in excess of 4 years, having most recently
been refurbished in 2013.
1.8.3 In accordance with the provisions of the Act and the NPPG, it is requested that a
Lawful Development Certificate be issued for the existing use and development
as described.
Page 10 of 10You can also read
