Background paper (Local Government Act 1972 Section 100D)

Transcription

1 ITEM 13 APPLICATION NO. 12/01822/VARS APPLICATION TYPE VARIATION OF CONDITIONS - SOUTH REGISTERED APPLICANT Brook Enterprises Ltd SITE Dunwood Manor Golf Club, Danes Road, Awbridge, AWBRIDGE SHERFIELD ENGLISH PROPOSAL To remove the occupancy restriction (condition 4 of TVS 1609/4) limiting occupation to employees of the Golf Club because the Golf Club has closed permanently. Therefore, it is proposed to reuse the former Steward s bungalow as a C3 dwelling. AMENDMENTS CASE OFFICER Mrs Liz Harrison Background paper (Local Government Act 1972 Section 100D) 1.0 INTRODUCTION 1.1 This application is presented to the Southern Area Planning Committee as the Head of Planning & Building considers the application to be of significant local interest. 2.0 SITE LOCATION AND DESCRIPTION 2.1 The 0.01ha site forms part of the former Dunwood Manor Golf Club which is located to the west of Danes Road. The site is accessed via a shared drive and bridleway leading off Danes Road. The existing single storey building was built as a steward s bungalow and sits to the south east of the clubhouse and to the east of the golf club car park. 2.2 Dunwood Manor Golf Club closed to private members on 1 May 2012 and the bungalow is currently vacant. 3.0 PROPOSAL 3.1 The proposal is for the removal of the occupancy condition attached to the original permission for the building, which states that the dwelling shall be occupied only by persons employed at Dunwood Golf Club. 4.0 HISTORY 4.1 Relevant planning history is as follows: RSR.10186/5 - Conversion of existing loft to form steward's flat and construction of new kitchen granted TVS Improvements - refused TVS Two semi-detached houses - refused Page 1 of 7

2 TVS Siting of staff caravan temporary permission until TVS.01609/1 - Alterations and extensions outline permission granted TVS.01609/2 - Alterations and extensions to existing club buildings granted TVS.01609/3 - Siting of residential caravan - temporary permission until TVS.01609/4 - Erection of a bungalow for Steward's accommodation granted TVS.01609/5 - Renewal of outline permission for alterations and extensions granted TVS.01609/6 - Extension to clubhouse and other alterations granted TVS.01609/7 - Nine bay golf driving range - withdrawn TVS.01609/8 - Extension to include snooker room and additional toilet facilities and relocation of pro-shop - granted TVS.01609/9 - Extensions and alterations to form Golf and Country Club, including hotel, restaurant, health suite, swimming pool, squash courts, function suite and associated development - granted TVS Change of use of Class C3b for 6 residents of a dwelling house to use by 8 residents living together as a single household withdrawn. TVS.01609/10 - Golf and Country Club with hotel rooms and associated development granted TVS.01609/10A - Golf and Country Club with hotel rooms and associated development - granted TVS.1609/11 - Revised scheme for golf and country club, hotel and associated development granted TVS.01609/11A - Proposed alterations to course layout - new holes 4, 5 & 6* - granted TVS.01609/12 - Erection of four four-bedroom golfing lodges with associated development granted TVS.01609/13 - Relocation of tee no TVS.01609/14 - Landscaping operations at hole TVS.01609/15 - Erection of single storey extension to provide extended dining room Page 2 of 7

3 TVS.01609/16 - Temporary relief from condition 8 of application approved under TVS.01609/12 to allow occupation of Lodge 4 by staff from Dunwood Manor Nursing Home granted until TVS.01609/17 - Renewal of temporary permission TVS.01609/16 for relief from condition 08 on TVS.01609/12 to allow occupation of Lodge 4 by staff from Dunwood Manor Nursing Home granted until TVS.01609/18 - Erection of implement store granted /02499/VARS - Variation of Condition 8 on planning permission TVS.01609/12 dated 1 December 1994 for Holiday Second Homes with an occupancy of up to 11 months in any one year refused /00292/VARS - Variation of condition no.8 on planning permission TVS.01609/12 to read 'The premises shall be used for holiday accommodation only and no other purposes (including any purposes in C3 of the Schedule to the Town and Country Planning (Use Classes) Order 2005, or in any provision equivalent to that Class in any amendment or replacement to that Order) granted /00810/FULLS - Erection of holiday lodge, access, car parking and landscaping refused , dismissed at appeal /00782/FULLS - Change the use of part of the land surrounding the Farm House from golf course use to residential curtilage to be considered by Members at this committee. 12/00783/FULLS - Partial demolition of modern extensions to old barn, restoration and alterations to the barn and change of use from golf club house to C3 dwelling, new garage, ancillary minor works to create a residential curtilage for the proposed property, means of access and landscaping to be considered by Members at this committee. 12/00784/FULLS - To remove the occupancy restriction (condition 4 of TVS.1609/4) and reuse both Units 1 and 2 as two C3 dwellings with defined residential curtilages. Unit 1 alter and extend store to add 2 bedrooms and use existing access to rear and create hardstanding for 2 cars to be considered by Members at this committee. 12/00785/FULLS - Removal of original occupancy restriction condition 8 of TVS.1609/12 and another occupancy condition 1 of 09/00292/VARS to enable the four lodges to be occupied as unrestricted C3 dwellings and definition of the residential curtilages of the 4 lodges. No works of alteration or extension to the lodges. Erection of 4 double garages to the rear to be considered by Members at this committee. 12/00786/FULLS - Change of use and alterations to greenkeepers buildings to create a single dwelling house (C3) and creation of residential curtilage to be considered by Members at this committee. 150 Page 3 of 7

4 12/00836/CLES - Certificate of Lawful Existing Use for conversion of Greenkeepers' Buildings and Yard to B1, B2 and B8 Uses - see drawing: Benchmark 16 rev B: Building A (463sqm): Workshop (B1 c) / Office (B1 a), toilets and kitchen (306 sq.m.) and machinery and golf course vehicle and equipment repair (B2-157 sqm). Building B (153 sqm): (B8 storage) Implement store granted TVS/01609/18 on 14th March 2005 and completed in Green keepers yard: c2,500 sqm. used for open B8 storage of materials and vehicles and car parking for staff to be considered under delegated powers in accordance with the approved procedures for this type of application. 12/01581/FULLS - Change of use of part of the land surrounding the Farm House from golf course to residential curtilage to be considered by Members at this committee. 12/01600/CLES - Certificate of Lawful Existing Use for subdivision of a single bungalow into two residential flats in 1996 and use thereafter for residential purposes - to be considered under delegated powers in accordance with the approved procedures for this type of application. 12/02310/FULLS - Change of use of Dunwood Manor Golf Club building from current ancillary golf club use to a mixed D1 and office use currently under consideration. 5.0 CONSULTATIONS Policy No objection. As the former steward s bungalow is located within the countryside in principle it should be retained as a tied dwelling, as open market housing in this location would be contrary to policy SET03. However as the occupancy restriction relates specifically to persons employed at Dunwood Manor Golf Club which is no longer in operation it is considered unreasonable to request that the property is marketed with an alternative occupancy restriction. Highways No objection. 6.0 REPRESENTATIONS Expired letters of objection from Owerouse, Newtown Road, Sherfield English (Romsey Ramblers); 2 Dunwood Manor Cottage, Dunwood Hill; Crofters, Blissford, Fordingbridge: TVBC very carefully controlled development on golf course allowing some building for restricted time use for those using the sporting facilities. This application is thin end of wedge, allow this and larger lodges will also be private dwellings. No realistic attempt was made to sell the golf club as a going concern or to find any other way of maintaining the golfing facility. Previously given more detailed reasons in letters objecting to various other applications submitted in last 6 months. 151 Page 4 of 7

5 Had the property not be required specifically for the golf club use it would never have been approved. It seems, in hindsight, it was a cynical way of building up the value of the assets for a future sale, with or without the golf club. Having now applied for single bungalow unit, would it not be appropriate to refuse application 12/00784/FULLS. It would seem applicants have realised they should not have partitioned the bungalow into 2 units. Object to this in conjunction with previous applications regarding this site and out comments made on those applications refer. The owner took the decision to close the golf club it was not a forced closure for any reason other than personal preference and we therefore see no reason why full C3 consent should be given. The golf club land remains with agricultural use and the steward s bungalow should remain tied to the use of the ground. 7.0 POLICY 7.1 Government Guidance: National Planning Policy Framework (NPPF). South East Plan C4 Landscape and Countryside Management. Test Valley Borough Local Plan: SET03 Development in the Countryside, ESN21 Retention of Recreational Areas and Facilities, TRA02 Parking Standards, TRA08 Public Rights of Way, DES01 Landscape Character, AME01 Privacy & Private Open Space. 8.0 PLANNING CONSIDERATIONS 8.1 The main planning consideration is: Principle of development Impact on countryside and rights of way Highways Impact on residential amenity. Principle of development 8.2 The site is located within the countryside where local plan policy SET03 states that development is ordinarily restricted to those for which there is an over-riding need to be located in the countryside or is considered to be a type appropriate in the countryside, in accordance with the other policies listed. As such the creation of an unrestricted dwelling in the countryside is contrary to policy SET03 and there would need to be sufficient justification to warrant allowing the application contrary to this policy. 8.3 A number of the representations made in relation to this application refer to the sale of the golf club and the breaking up of the various elements that were essential to the running of the golf club. Marketing information was submitted with previous applications and Estates have commented that the sale price may have been too high, affecting the level of offers received. However while comments and concerns from third party interests are noted the local planning authority can not prevent the closure of a golf club. While policy ESN21 is entitled Retention of Recreational Areas and Facilities, the supporting text makes it clear that it refers to existing recreational areas and facilities, including sports pitches, recreational buildings, public open space and allotments and the 152 Page 5 of 7

6 need to consider whether there is adequate provision of a full range of recreational areas or facilities. Notwithstanding that a golf club is not listed as one of the facilities to be protected, there are also a number of other golf clubs within the local area such that it would be difficult to argue that there was inadequate local provision, such as to warrant refusal in principle of any applications for the change of use of the site or the associated buildings. 8.4 Planning permission was originally granted in 1980 for a 3-bed Steward s bungalow, with condition 4 reading as follows: The dwelling shall be occupied only by persons employed at Dunwood Golf Club. Reason The Local Planning Authority would only be prepared to grant permission for this special need. Since its construction and first occupation the bungalow has been subdivided into 2 units of residential accommodation, however this subdivision occurred without the benefit of planning permission and as such is unauthorised in planning terms. Application 12/00784/FULLS seeks permission for relief of the condition, extension of the building, and the creation of 2 open market units of accommodation. To assist with the determining of that application 12/01600/CLES in relation to the sub-division has been submitted seeking to demonstrate that the subdivision is now lawful and exempt from enforcement action. In the meantime this application has been sought to lift the condition from the original condition to enable the building to be used as a single, open market dwelling. 8.5 Condition 4 on the original permission TVS.01609/4 ties the occupancy of the dwelling to an employee of Dunwood Golf Club. The Golf Club closed in May 2012 and is no longer operating; therefore there are no longer any employees of the golf club who could comply with the condition. When considering the removal of agricultural occupancy conditions under local plan policy ESN08 applicants have to demonstrate that there are no other landowners in the vicinity who require further accommodation for agricultural workers. While there are other golf clubs in the area it is not considered appropriate to take a similar approach to this application by asking the applicant to demonstrate that there are no other golf club owners requiring accommodation for their workers; as due to the nature of their work those needing residential accommodation associated with their work at a golf club would need to be on site or very close to that golf club. The removal of the occupancy restriction previously imposed by condition is considered to be acceptable. Impact on countryside and rights of way 8.6 This application does not seek to make any other changes to the existing building and the use of the building as an unrestricted dwelling will not alter its relationship with the surrounding area, therefore there will be no change to the impact on the local countryside or rights of way. Highways 8.7 This application does not seek to make any other changes to the existing building and Highways have not requested any alternative parking arrangements as a result of the proposed unrestricted occupancy. 153 Page 6 of 7

7 Impact on residential amenity 8.8 A number of residential properties border the wider golf club site. While the proposal would introduce an unrestricted residential property onto this site it is considered that there are sufficient separation distances (approximately 90m to the nearest neighbouring property outside the golf club site) to ensure that there would be no significantly detrimental impact on their residential amenities as a result of this proposal. 8.9 Other applications for conversion of existing golf club buildings to unrestricted residential dwellings have been submitted. And while not yet determined it is considered that were they to be granted permission this proposal would not have a significantly detrimental impact on the residential amenities of those properties, although by the very nature of all the proposals on this site the existing relationship between these properties would be altered. 9.0 CONCLUSION 9.1 The removal of the occupancy condition is considered to be acceptable given the closure of the golf club. As there was a condition attached to the original permission removing permitted development rights such a condition is attached to this permission as there has been no application to remove it. The other conditions on the original condition related to the time period for commencement of works and the need for materials to be approved. As the building has been built these do not need to be repeated on this permission RECOMMENDATION PERMISSION subject to: 1. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order amending, revoking or re-enacting that Order), no building, structure, walls or fences of any kind shall be erected without the prior written consent of the Local Planning Authority. Reason: In order that the Local Planning Authority can exercise control in the locality in the interest of the countryside local amenities in accordance with Test Valley Borough Local Plan 2006 policies SET03 and AME01. Notes to applicant: 1. The decision to grant planning permission has been taken because the removal of the occupancy condition is considered to be acceptable given the closure of the golf club. This informative is only intended as a summary of the reason for grant of planning permission. For further details on the decision please see the application report which is available from the Planning and Building Service. 2. The following policies in the Development Plans are relevant to this decision: South East Plan policy C4 and Test Valley Borough Local Plan 2006 policies SET03, ESN21. TRA02, TRA08, DES01, AME Page 7 of 7