Variation of Condition 3 of application 17/1818/FUL - Justification Statement
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Variation of Condition 3 of application 17/1818/FUL - Justification Statement (subsequently revised in application 20/1008/VARCON) Site: Hanworth Country Park, Potterhanworth, LN4 2DX Prepared by: Daniel Thompson, Origin Design Studio Ltd. Checked and Issued by: Michael Orridge, Origin Design Studio Ltd. Revision / Date: A01 / 25/02/2021 - Issued to Planning. A02 / 05/03/2021- Revised to remove mention of Condition 4.
Contents Contents Introduction ......................................................................................................................... 3 Business Development........................................................................................................ 3 Application 17/1818/FUL .................................................................................................... 3 Reason for Variation ........................................................................................................... 4 Facilitation ........................................................................................................................... 4 Site Specific Evidence Supported Justification ................................................................ 5 Planning Precedents .......................................................................................................... 5 Conditions ........................................................................................................................... 8 Conclusion .......................................................................................................................... 8
Introduction
This application is a resubmission of application 20/1536-VARCON which was refused
at planning committee 2 February 2021. The refusal contained one reason which cited
a lack of evidence justifying the need for the VARCON.
Hanworth Country Park was granted planning permission in July 2018 with application
reference number 17/1818/FUL. Since then, several VARCON applications have been
submitted which have updated the decision notice as these conditions became
reworded. For the avoidance of doubt the most current decision notice is
20/1008/VARCON which was issued 5 November 2020.
Business Development
Hanworth Country Opened to visitors in February 2020. Despite the country being in
the grips of a pandemic and lockdowns and restrictions affecting daily life and
activities the site saw a high volume of daily visitors. The desire to stay local and the
warm summer created a catalyst of success. So successful that the kitchen was
quickly expanded internally to accommodate the increased demand.
With this day tourism, questions regarding overnight accommodation availability were
received, further to this the question of purchasing the static caravans for private
regular holidaying. Whilst not considered in the initial application this diversification
made a lot of sense to the site management:
- The owners of the caravans would pay ground rent and utility fees which
would maintain income for the site.
- The owners would be responsible for the maintenance of their own caravans
which would minimise expenditure.
Ownership of static caravans by private individuals situated on a park is not
uncommon and on larger parks is commonplace, with whole sections being
dedicated to ‘owners’ including owner only cafes and other services.
As such the selling of static caravans to private owners is a logical and tested business
model for caravan parks.
Application 17/1818/FUL
The original planning application, 17/1818/FUL, attended planning committee
Eastgate on 17 July 2018 after being previously deferred for more information. As
pointed out at the committee meeting on 2 February 2021 the committee decided
to modify condition 3 form the councils draft wording to include the 28-day caveat.
Originally this was not included. As highlighted the councillors in their discussion sought
confirmation from the Development Manager that this was lawful, it was confirmed.At the time, the condition was not objected by the applicant or agent as it aligned
with the current business model. There was also the belief by applicant and agent
that the option to vary this condition, as and when the business develops would not
be burdensome on the applicant to vary. This was based upon the LPA’s approach
to similar sites within the district.
Reason for Variation
Despite being communicated during the committee meeting the councillors saw no
change in circumstance that would allow them to justify such a variation.
The reason for the proposed variation to vary condition 3 (back to the originally
intended version) is justified at this time as the business model has changed to include
the position to offer interested parties the option to own the caravan. These parties
would then pay the park ground rent and utilities.
The previous condition was acceptable as all accommodation was for rental units.
Now that the business is diversifying, the applicant is proposing the variation to allow
the park to sell static caravans and not be encumbered with a condition other sites
in NKDC are not encumbered with. As such the current condition in the form it
currently is places an unfair and unreasonable detriment on the applicant. This
detriment if not modified will cause harm to the business which in turn will cause harm
to the business itself and the wider tourist industry of Lincolnshire, which is in direct
contradiction to LP5 - Delivering Prosperity and Jobs and LP7 - A Sustainable Visitor
Economy.
The applicant is not suggesting that all static caravans are being sold or that they will
sell. They are seeking the opportunity to allow the option without causing
unreasonable burden to the final purchasers. As part of the evidence, there is
included a letter from one of the prospective buyers categorically stating that the
condition would not allow them (the purchaser) to use their static caravan as they
wish to.
Facilitation
Condition 3 on the decision notice states that:
The holiday/visitor accommodation hereby approved (including for the
avoidance of doubt the static caravans) shall be occupied for holiday
purposes only for a maximum single stay of no more than 28 days with no return
for 28 days and shall at no time be occupied as a person's sole or main place
of residence, with the exception to a nominated touring plot (as outline purple
on drawing no. J1717-PL-201 Rev. P01) which will be occupied solely by a
security officer employed by the site for the provision of security.Reason: To ensure that the holiday accommodation is not used for
unauthorised permanent residential occupation to accord with policies LP2
and LP7 of the Central Lincolnshire Local Plan 2017.
Whilst directly not limiting the sale of caravans to private owners the occupation
periods places restrictions upon owners. As such we would like to vary this condition
to allow owners the freedom, for example, to spend 4 weeks over the summer holiday
enjoying their caravan and rural Lincolnshire and still be allowed to return 3 weeks
later for a weekend visit. Currently this would not be possible.
The condition and any subsequent variation would need to ensure that the
occupation of these caravans is for holiday purposes only and does not become
permanent main residence. The planning authority, despite being told by the
planning committee that they were unable to ensure this condition, asserted that they
were able to and that no modification to the record keeping was required. This is
further supported by the wording of similar conditions in the Planning precedents
below.
As such condition 4 would not need modifying.
Site Specific Evidence Supported Justification
Accompanying this document is a separate document which collates the evidence
which provides justification for the proposed variation of condition 3. This evidence is
based on the applicant and the company’s business plan which is further backed up
with financial evidence based upon projections of the coming financial years.
As this evidence is of a commercial nature and discusses the internal workings of the
business this document is considered confidential and therefore should not be freely
distributed. A summary of the information has been provided for public consumption.
Planning Precedents
Typically, in such matters precedents are used as they document an earlier event or
action (in this instance applications) that is regarded as an example or guide which
can be considered in subsequent and similar circumstances.
Thorpe Park Lodges, Middle Lane, Thorpe on the Hill, Lincoln, Lincolnshire
18/1161/FUL - Erection of 2 additional holiday lodges, and the formation of
additional car parking spaces and improvements of existing car parking
arrangements.
Approved - 4 - The lodges hereby approved shall be occupied for holiday
purposes only and shall at no time be occupied as a person's sole or main
place of residence.Reason: To ensure that the holiday accommodation is not used for
unauthorised permanent residential occupation to accord with Policies LP7
and LP55 of the Central Lincolnshire Local Plan (adopted 2017).
20/0864/FUL - Erection of 5 no. holiday lodges, modification of lodge type on
plots 11 & 11a, repositioning of the existing sales office and improvement to
existing car parking arrangements.
Approved - 7 - The lodges hereby approved shall be occupied for holiday
purposes only and shall at no time be occupied as a person's sole or main
place of residence.
Reason: To ensure that the holiday accommodation is not used for
unauthorised permanent residential occupation to accord with policies LP2
and LP7 of the Central Lincolnshire Local Plan 2017.
White House Farm Fishery, North Kyme Pits, North Kyme, Lincoln, Lincolnshire, LN4 4DR
19/0935/FUL - Siting of 4 static caravans for holiday use in connection with
existing business.
Approved - 3 - The caravans hereby permitted shall only be used for holiday
accommodation and shall not be used for any form of permanent
accommodation.
Reason: The caravans would provide an unsatisfactory unit of permanent
residential accommodation and are located within the open countryside
where permanent dwellings would not normally be supported without the
required exceptional circumstances/agricultural support, to accord with
policies LP7 and LP55 of the Central Lincolnshire Local Plan (Adopted 2017).
Highfields Country Fishing Retreat, Mareham Lane, Spanby, Sleaford, NG34 0AT
19/0209/FUL - Change of use of agricultural land to form extension to existing
holiday fishing retreat to include stationing of caravans and lodges, fishing
lakes and associated access tracks and services.
Approved - 6 - The caravans/cabins/chalets/lodges hereby permitted shall
only be occupied for holiday purposes only.
Reason: To ensure that the holiday accommodation is not used for
unauthorised permanent residential occupation to accord with Policies LP1,
LP2 and LP7 of the Central Lincolnshire Local Plan (Adopted 2017).7 - The caravans/cabins/chalets/lodges shall not be occupied as a person's
sole, or main place of residence.
Reason: To ensure that the holiday accommodation is not used for
unauthorised permanent residential occupation to accord with Policy LP7 of
the Central Lincolnshire Local Plan (Adopted 2017).
This application went to Lafford Planning Sub-committee and was unanimously
approved despite local objection.
Oink End, Harby Lane, Swinethorpe, Newark, Lincolnshire, NG23 7EE
17/0793/FUL - Revised layout of 11 holiday chalets (Re-submission of approved
application 16/0717/FUL)
Approved - 6 The chalets hereby approved shall be occupied for holiday
purposes only and shall at no time be occupied as a person's sole or main
place of residence. Reason: To ensure that the holiday accommodation is not
used for unauthorised permanent residential occupation to accord with
policies LP2, LP7 and LP55 of the Central Lincolnshire Local Plan 2017.
Lowfields Country Fishing Retreat, Eagle Road, North Scarle, Lincoln, Lincolnshire, LN6
9EN
17/0336/FUL - Proposed change of use of agricultural land to form extension to
existing holiday fishing retreat to include stationing of caravans, lodges, fishing
lakes and associated access tracks and services.
Approved - 8 - The caravans/cabins/chalets/lodges hereby permitted shall
only be occupied for holiday purposes only.
Reason: To ensure that the holiday accommodation is not used for
unauthorised permanent residential occupation to accord with Policies LP1,
LP2 and LP7 of the Central Lincolnshire Local Plan (Adopted 2017).
9 - The caravans/cabins/chalets/lodges shall not be occupied as a person's
sole, or main place of residence.
Reason: To ensure that the holiday accommodation is not used for
unauthorised permanent residential occupation to accord with Policy LP7 of
the Central Lincolnshire Local Plan (Adopted 2017).
This application went to Eastgate Planning Sub-committee and was approved 11 - 2
despite extensive local objection.The applications above, listed within the officer’s report for the planning sub- committee for application 20/1536-VARCON. These applications are all for holiday parks within North Kesteven District. They all feature mixed accommodation with fishing as a primary but not sole feature. All originally started as agricultural land with a change of use to create a holiday park. This criterion is the same set of circumstances as the application site Hanworth Country Park. This was stated verbatim during the planning committee by the principal planning officer. It forms a strong basis of the argument and justification for the variation of condition that these recent applications are used as precedents for approving this one. It can be noted that all these conditions have similar wording, all stating the same gist. The outstanding difference is that none of these precedents were subjected to the 28-day occupancy condition unlike the applicant’s site. Conditions For this application we are looking to vary Conditions 3 and 4 to allow the business as it currently stands to develop and match the same operating parameters other sites in North Kesteven. As such we are looking for condition 3 to be varied to remove the 28-day accommodation limit on the static caravans. The static caravans will still be only for holiday purposes but require flexibility for private owners. Conclusion The proposed application makes no substantial change to the approved development. The change from static caravans owned by the site to privately owned caravans kept on site is not unusual and has several benefits to the company. The proposal looks to build upon the council’s requirements already in place (condition 4) in keeping track of owners and their permanent residences but seeks to regularly confirm this. These records will be kept for a period e.g. 5 years, and with the existing condition kept on site and this information can be made available at all reasonable times to the council upon request.
You can also read
