Application No: Location: Coopers Beach Caravan Park, Church Lane, East Mersea, CO5 8TN. Scale (approx): 1:5000

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1 Application No: Location: Coopers Beach Caravan Park, Church Lane, East Mersea, CO5 8TN Scale (approx): 1:5000 The Ordnance Survey map data included within this publication is provided by Colchester Borough Council of PO Box 884, Town Hall, Colchester CO1 1FR under licence from the Ordnance Survey in order to fulfil its public function to act as a planning authority. Persons viewing this mapping should contact Ordnance Survey copyright for advice where they wish to licence Ordnance Survey map data for their own use. This map is reproduced from Ordnance Survey Material with the permission of Ordnance Survey on behalf of the Controller Of Her Majesty s Stationery Office Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Crown Copyright

2 7.2 Case Officer: Sue Jackson Due Date: 23/01/2015 MAJOR Site: Coopers Beach Caravan Park, Church Lane, East Mersea CO5 8TN Application No: Date Received: 24 October 2014 Agent: Applicant: Development: Ward: Mr Andrew Dowell Mr Alan Castledine Planning application for change of use of land for the storage of caravans and staff car parking Pyefleet Summary of Recommendation: Conditional Approval 1.0 Reason for Referral to the Planning Committee 1.1 This application is referred to the Planning Committee because it is a major application and objection has been received. 2.0 Synopsis 2.1 The key issues explored below are the history of the Coopers Beach Holiday Park, policy considerations; the representations received will also be commented on. The conclusion is that the development is acceptable and the grant of planning permission is recommended. 3.0 Site Description and Context 3.1 The site forms part of Coopers Beach Holiday Park, an established site comprising over 600 static holiday caravans, a club house, pool and recreation facilities, site reception/sales offices, maintenance buildings, redundant agricultural buildings and an area used for the display of caravans for sale. 3.2 The Holiday Park is in East Mersea and it is accessed from Church Lane leading off East Road, East Mersea. The holiday caravans are on a triangular shaped area of land with a direct frontage to the water front. The entrance to the site is to the north of the holiday caravans and this area contains the offices and reception building. The Holiday Park is located to the south of St Edmunds Church, a Grade 1 Listed Building and to the north of the church is East Mersea Hall, a Grade 2 Listed building. 3.3 The application site is adjacent to the main holiday park and separated from it by a PROW. It has a rectangular shape and measures approx 0.25 acres. The site has trees and hedges along the north, west and south boundaries. There are former agricultural buildings last used for industrial purposes on the west boundary.

3 4.0 Description of the Proposal 4.1 The application seeks permission for the change of use to allow storage of new static holiday caravans delivered from factory or leaving the site. Permission is also sought for staff car parking. 4.2 The following information is submitted Our client is faced by growing demand for static holiday caravans and holiday lodges from aspirational clients demanding ever higher quality holiday accommodation and on site facilities. Our client therefore requires this small area located at the entrance of the park for the temporary siting of caravans in transit from, or to, the main holiday park. 4.3 The size and location within close proximity to the entrance and the administration office of this small parcel of land would facilitate easier storage during this delivery and collection during this transitional stage. The current tree screening and walled entrance would limit any potential visual impact of this use. 5.0 Land Use Allocation 5.1 The site is within an area shown as a caravan park within the Adopted Proposal map it is also within the Coastal Protection Belt 6.0 Relevant Planning History 6.1 Application 04/1295 which sought permission for the extension of existing sales area together with formation of a new caravan transit area was refused on 31st August 2008 as the site was identified as lying within a Countryside Conservation Area as defined in the Adopted Review Colchester Borough Local Plan, March It was considered that the additional caravan sales area alongside the transit area would be out of keeping with, and detrimental, to the character of the area. 7.0 Principal Policies 7.1 Planning law requires that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise. The National planning Policy Framework (NPPF) must also be taken into account in planning decisions and sets out the Government s planning policies are to be applied. The NPPF makes clear that the purpose of the planning system is to contribute to the achievement of sustainable development. There are three dimensions to sustainable development: economic, social and environmental. 7.2 Continuing the themes of the NPPF, the adopted Colchester Borough Core Strategy (adopted 2008, amended 2014) adds detail through local strategic policies. Particular to this application, the following policies are most relevant: SD1 - Sustainable Development Locations UR2 - Built Design and Character ENV1 - Environment ENV2 - Rural Communities

4 7.3 In addition, the following are relevant adopted Colchester Borough Development Policies (adopted 2010, amended 2014): DP1 Design and Amenity DP3 Planning Obligations and the Community Infrastructure Levy DP9 Employment Uses in the Countryside DP10 Tourism, Leisure and Culture DP19 Parking Standards DP20 Flood Risk and Management of Surface Water Drainage DP21 Nature Conservation and Protected Lanes DP23 Coastal Areas 7.4 Further to the above, the adopted Site Allocations (adopted 2010, amended 2014) policies set out below should also be taken into account in the decision making process: 7.5 Regard should also be given to the following adopted Supplementary Planning Guidance/Documents: Vehicle Parking Standards External Materials in New Developments East Mersea Village Design Statement April Consultations 8.1 Highway Authority would not wish to raise an objection to the above subject to the following; Note: The public s rights and ease of passage over public footpath nos 4 and 5 (East Mersea) shall be maintained free and unobstructed at all times to ensure the continued safe passage of the public on the definitive right of way. Any unauthorised interference with the route will constitute a contravention of the Highways Act Informatives;INF1 Highway Works - All work within or affecting the highway is to be laid out and constructed by prior arrangement with, and to the requirements and satisfaction of, the Highway Authority, details to be agreed before the commencement of works. The applicants should be advised to contact the Development Management Team by at development.management@essexhighways.org or by post to: Essex Highways, Colchester Highways Depot, 910 The Crescent, Colchester, CO4 9QQ. 8.2 Environmental Protection No Comment 8.3 Natural England is a non-departmental public body. Our statutory purpose is to ensure that the natural environment is conserved, enhanced, and managed for the benefit of present and future generations, thereby contributing to sustainable development. 8.4 The Wildlife and Countryside Act 1981 (as amended) The Conservation of Habitats and Species Regulations 2010 (as amended) Natural England s comments in relation to this application are provided in the following sections. Statutory nature conservation sites no objection This application is in close proximity to the Colne Estuary Site of Special Scientific Interest (SSSI).

5 This SSSI forms part of the Essex Estuaries SAC and Colne Estuary (Mid-Essex Phase 2) SPA and Ramsar. Natural England advises your authority that the proposal, if undertaken in strict accordance with the details submitted, is not likely to have a significant effect on the interest features for which Essex Estuaries SAC and Colne Estuary (Mid-Essex Phase 2) SPA and Ramsar has been classified. Natural England therefore advises that your Authority is not required to undertake an Appropriate Assessment to assess the implications of this proposal on the site s conservation objectives.1 In addition, Natural England is satisfied that the proposed development being carried out in strict accordance with the details of the application, as submitted, will not damage or destroy the interest features for which the Colne Estuary SSSI has been notified. We therefore advise your authority that this SSSI does not represent a constraint in determining this application. Should the details of this application change, Natural England draws your attention to Section 28(I) of the Wildlife and Countryside Act 1981 (as amended), requiring your authority to re-consult Natural England. Protected species We have not assessed this application and associated documents for impacts on protected species. Natural England has published Standing Advice on protected species. The Standing Advice includes a habitat decision tree which provides advice to planners on deciding if there is a reasonable likelihood of protected species being present. It also provides detailed advice on the protected species most often affected by development, including flow charts for individual species to enable an assessment to be made of a protected species survey and mitigation strategy. You should apply our Standing Advice to this application as it is a material consideration in the determination of applications in the same way as any individual response received from Natural England following consultation. The Standing Advice should not be treated as giving any indication or providing any assurance in respect of European Protected Species (EPS) that the proposed development is unlikely to affect the EPS present on the site; nor should it be interpreted as meaning that Natural England has reached any views as to whether a licence is needed (which is the developer s responsibility) or may be granted. If you have any specific questions on aspects that are not covered by our Standing Advice for European Protected Species or have difficulty in applying it to this application please contact us with details at consultations@naturalengland.org.uk. Local sites If the proposal site is on or adjacent to a local site, e.g. Local Wildlife Site, Regionally Important Geological/Geomorphological Site (RIGS) or Local Nature Reserve (LNR) the authority should ensure it has sufficient information to fully understand the impact of the proposal on the local site before it determines the application. Biodiversity enhancements This application may provide opportunities to incorporate features into the design which are beneficial to wildlife, such as the incorporation of roosting opportunities for bats or the installation of bird nest boxes. The authority should consider securing measures to enhance the biodiversity of the site from the applicant, if it is minded to grant permission for this application. This is in accordance with Paragraph 118 of the National Planning Policy Framework. Additionally, we would draw your attention to Section 40 of the Natural Environment and Rural Communities Act (2006) which states

6 that Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity. Section 40(3) of the same Act also states that conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or enhancing a population or habitat. Landscape enhancements This application may provide opportunities to enhance the character and local distinctiveness of the surrounding natural and built environment; use natural resources more sustainably; and bring benefits for the local community, for example through green space provision and access to and contact with nature. Landscape characterisation and townscape assessments, and associated sensitivity and capacity assessments provide tools for planners and developers to consider new development and ensure that it makes a positive contribution in terms of design, form and location, to the character and functions of the landscape and avoids any unacceptable impacts. Impact Risk Zones for Sites of Special Scientific Interest Natural England has recently published a set of mapped Impact Risk Zones (IRZs) for Sites of Special Scientific Interest (SSSIs). This helpful GIS tool can be used by LPAs and developers to consider whether a proposed development is likely to affect a SSSI and determine whether they will need to consult Natural England to seek advice on the nature of any potential SSSI impacts and how they might be avoided or mitigated. Further information and guidance on how to access and use the IRZs is available on the Natural England website. 8.5 Landscape Officer Comments I am satisfied with the landscape content of the proposals lodged on Agreement to the landscape aspect of the application. In addition to the details reported above, the full text of all consultation responses is available to view on the Council s website. 9.0 Parish Council Response 9.1 East Mersea Parish Council is aware that the national planning frameworks have changed and that there is little that can be said objectively against the current application. Subjectively all the members of the PC were opposed to the application but we realise that there is little point in raising issues that have no chance of changing the outcome. We note that the application is for the short term (no longer than a few days) storage of arriving and departing caravans before they move onto or off site and therefore we would wish that the short term aspects of the storage are covered as a condition and that caravans should not be allowed to remain in situ for long periods of time. We would also consider that a further condition is that there should be no incremental approach to turning this part of the site into part of the main caravan park and that there should be no ability for caravans to be occupied. Another condition should be one focussed on the number of cars owned by staff that need to be parked there - it is our view that the number of cars to be parked should not exceed 5. Finally - the area needs to remain covered from view and therefore the current hedging and trees should remain in situ. Whilst reading through the application we noticed that comment is made about the nearest railway station as being at Alresford, some 4.4 miles away. Whilst that is technically correct we would point out that to get there would mean a considerable drive through Colchester and beyond taking in the region of some 50 minutes. It would be more accurate to mention the nearest station being at St Botolphs.

7 10.0 Representations 10.1 (1 objection and issues raised) Section 14 of the application states that the storage required is temporary. The document says that it is needed for a few hours/days and I am concerned that this application, if granted, may be a back door route to provide further pitches for caravans at this already overcrowded site that places, albeit seasonally, a high demand on the infrastructure and services of this small rural community. If the Planning Authority is minded to approve the application, it would be possible for conditions to be attached commensurate with the few hours/days usage allegedly required. The full text of all of the representations received is available to view on the Council s website Parking Provision 11.1 N/A 12.0 Open Space Provisions 12.1 N/A 13.0 Air Quality 13.1 The site is outside of any Air Quality Management Area and will not generate significant impacts upon the zones Development Team and Planning Obligations 14.1 This application is classed as a Major application and therefore there was a requirement for it to be considered by the Development Team. It was considered that no Planning Obligations should be sought via Section 106 (S106) of the Town and Country Planning Act Report Planning considerations Policy Issues 15.1 Whilst planning permission has been refused for a similar development on this site the planning framework has since changed. The development site is now a small part of a 7.8ha extension to Coopers Beach Holiday Park that was approved through the Site Allocations process in The Site Allocations Document lists considerations that need to be addressed as part of any development in the extended part of the caravan park these include: delivery of or contribution towards highway and access improvements as well as public transport, cycling & walking; a Code of Conduct to be

8 agreed between land owners and Natural England, to minimise impact and no detrimental impact upon St Edmunds Church. These issues are all satisfactorily addressed in the application proposals. The principle of the development is therefore acceptable Highway Issues 15.2 The Highway Authority raises no objection and this development does not generate a requirement for either highway or access improvements Impacts on Neighbouring Properties 15.3 The site is separated from a residential boundary by the access to the industrial units, and is approx 35 metres from the dwelling. The proposal is a small addition to the existing holiday park site and it is considered any impact on neighbouring properties will be insignificant. Impact on the Surrounding Area 15.4 The site does not abut open countryside. It has trees and hedges on three sides. It is screened from open countryside by agricultural buildings (now in commercial use) and has a residential property in the ownership of the caravan site to the south another residential property close to the north boundary and the east boundary faces the main caravan site There are also opportunities to improve the tree and hedge planting and this will be secured by condition. The use of this land for storage will not impact on the setting of St Edmunds Church, a listed building. Matters Raised in the Representations 15.5 The Parish Council and neighbour have expressed concern that each caravan should only be stored for a temporary period and residential use should not be allowed. The applicant has agreed to a condition restricting the storage of each caravan to a maximum period of 1 month The Parish Council has suggested staff parking should be restricted to 5 vehicles and the applicant has agreed to this. The application is for the storage of caravans and this is the basis on which the application is determined and appropriate conditions are suggested Conclusion 16.1 The proposal is sited on land allocated for holiday caravan purposes and will not impact on either residential amenity or the landscape and planning permission is recommended Recommendation APPROVE subject to the following conditions

9 18.0 Positivity Statement WA2 The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework Conditions 1 ZAA - Time Limit for Full Permissions The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act ZAM - *Development to Accord With Approved Plans* The development hereby permitted shall be carried out in accordance with the details shown on the submitted Drawing Numbers Map 1. Reason: For the avoidance of doubt as to the scope of this permission and in the interests of proper planning 3 This permission relates to the storage of caravans, each caravan shall be stored on the site for a maximum period of 1 month, and the parking of a maximum of 5 staff cars. Permission is not granted for holiday occupancy of the caravans. Reason To avoid doubt as to the scope of the consent hereby granted and because this is the basis on which the application was submitted and subsequently considered and the Local Planning Authority would need to give further consideration to the impacts of a different use at this site at such a time as any future change of use were to be proposed. 4. ZFI - Tree or Shrub Planting No works shall take place until details of tree and/or shrub planting and an implementation timetable have been submitted to and approved, in writing, by the Local Planning Authority. This planting shall be maintained for at least five years following contractual practical completion of the approved development. In the event that trees and/or plants die, are removed, destroyed, or in the opinion of the Local Planning Authority fail to thrive or are otherwise defective during such a period, they shall be replaced during the first planting season thereafter to specifications agreed in writing with the Local Planning Authority. Reason: To ensure an appropriate visual amenity in the local area.

10 5. Prior to commencement of development a scheme of biodiversity enhancements, including an implementation timetable, shall be submitted to and agreed in writing with the local planning authority. The approved scheme shall be implemented in accordance with the approved timetable. Reason: In the interests of the amenity of this area of land within the Coastal Protection Belt and adjacent to a protected SSSI and European Site. 6. No external lighting fixtures shall be constructed, installed or illuminated at any time. Reason: To ensure that there are no undesirable effects of light pollution in this sensitive coastal location Informatives (1) ZT0 Advisory Note on Construction & Demolition The developer is referred to the attached advisory note Advisory Notes for the Control of Pollution during Construction & Demolition Works for the avoidance of pollution during the demolition and construction works. Should the applicant require any further guidance they should contact Environmental Control prior to the commencement of the works. (2) All works affecting the highway should be carried out by prior arrangement with, and to the requirements and satisfaction of, the Highway Authority and application for the necessary works should be made by initially telephoning (3) ZTA - Informative on Conditions Stating Prior to Commencement/Occupation PLEASE NOTE that this permission contains a condition precedent that requires details to be agreed and/or activity to be undertaken either before you commence the development or before you occupy the development. This is of critical importance. If you do not comply with the condition precedent you may invalidate this permission. Please pay particular attention to these requirements. (4) INF1 Highway Works - All work within or affecting the highway is to be laid out and constructed by prior arrangement with, and to the requirements and satisfaction of, the Highway Authority, details to be agreed before the commencement of works. The applicants should be advised to contact the Development Management Team by at development.management@essexhighways.org or by post to: Essex Highways, Colchester Highways Depot, 910 The Crescent, Colchester, CO4 9QQ.