Decision details

Planning Application No. SL/2020/0108 - Eden Lodge and House, Coast Road, Bardsea, Ulverston

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

Retention of two wooden chalets for manager’s accommodation (Mr E Liehr)

The Planning Officer presented Planning Application SL/2020/0108 which sought retrospective planning permission for two wooden chalets for manager’s accommodation at Eden Lodge, Coast Road, Bardsea. She displayed plans and photographs which outlined the proposals.

The Planning Officer outlined the planning history of the site and informed Members that the application before them was a part resubmission of a previous application (Planning Application No. SL/2019/0615) for retrospective planning permission, which had been refused at Planning Committee in December 2019. The Planning Officer explained that Planning Application SL/2020/0108 was in relation to lodges D and E only and that the applicant had lodged an appeal with the Planning Inspectorate regarding the Planning Committee’s previous decision, in December 2019, to refuse retrospective planning permission for all four lodges and that this appeal was running concurrently alongside the application before Members. The Planning Officer reminded Members that the Planning Committee debate in December 2019 had, in the main, focussed on lodges B and C and on the anticipated adverse effects of the development upon the residential amenity of persons residing in the neighbouring properties to the southern site boundary.

The Planning Officer went on to further outline the planning history of lodges D and E and informed Members that planning permission was required for lodge D for the building and its use as manager’s accommodation; and for lodge E the change of use to manager’s accommodation. She explained that the applicant was the owner of Eden Lodge complex and lodges D and E were used by himself and his partner as the on-site manager’s accommodation. Lodge D was erected in 2016 without planning permission and provided living and sleeping accommodation. Lodge E was erected in 2005 and provided a kitchen and a bathroom area. The Planning Officer advised Members that the proposal included the relocation of the manager’s hot tub to the north of lodges D and E and the retention of a two metre high fence along the southern boundary. In addition, following concerns regarding the capacity for the existing foul sewage system to accommodate extra persons at the site, the applicant had confirmed that the existing tank would be replaced with a new package treatment plant.

The Planning Officer displayed further photographs and plans and explained that Lodges D and E would function as one unit as manager’s accommodation. She explained that the key consideration was the demonstrable need for a manager to live on site full time and that evidence had been provided in respect of this and that financial evidence had been submitted to show the business to be viable and therefore the proposal was in compliance with Policy DM15. Furthermore consideration could be given to the visual impact on the rural landscape, however, this consideration was only applicable to lodge D.

In concluding her presentation, the Planning Officer highlighted the planning conditions, as outlined in the report, and proposed varied wording for Condition 2 and an additional Condition regarding the location of the hot tub.

Note – at this point in the proceedings the Chairman requested that the public participant, Mrs Victoria Cowan, a local resident, and speaking in opposition to the application, be dialled into the meeting to make her representation.  The Chairman welcomed Mrs Cowan and informed her that she had three minutes in which to make her address.

Mrs Cowan, a local resident, addressed the Committee in opposition to the application.

Note – at this point in the proceedings the Chairman requested that the applicant, Mr Ernst Liehr, be dialled into the meeting to make his representation.  The Chairman welcomed Mr Liehr and informed him that he had three minutes in which to make his address.

Mr Liehr, the applicant, addressed the Committee and spoke in support of the application.

The Planning Officer responded to questions raised by Members and stated that the provision of a contact number for local residents was something that could be dealt with outside of the planning process. She clarified that the appeal which had been lodged by the applicant was in respect of all four lodges; lodges C and B for holiday accommodation and lodges D and E for manager’s accommodation.

The Interim Development Management Team Leader clarified the definition of development in the Planning Act in regard to the permanence of the hot tub and stated that if further hot tubs were installed on the site a further assessment of their size, scale and degree of permanence would be carried out. The Planning Officer reiterated the conditions, as outlined in the report, and the proposed amendments. In response to a question regarding unsocial behaviour and excessive noise, the Planning Officer informed Members that the applicant had agreed to the relocation of the hot tub, to minimise the impact on neighbours.

Members thanked the Planning Officer for the comprehensive report and presentation. They gave consideration to the importance of a manager being on site and the benefits of the applicant providing a contact telephone number for local residents.

A motion to approve the application was proposed and seconded and a vote was taken on the application, during which all Planning Committee Members confirmed that they had, without interruption, heard the full presentation and discussion on the item and it was

RESOLVED – That the application be approved subject to the conditions below:-

Condition 1:     The development hereby permitted shall be carried out in accordance with the following approved plans:

Location Plan (submitted 19 March 2020)

Site Plan (submitted 5 May 2020)

Proposed Elevations (submitted 19 March 2020)

Indicative Fencing Plan (submitted 19 March 2020)

Reason:           For the avoidance of doubt and in the interests of proper planning.

Condition 2:     The occupation of the manager’s accommodation hereby approved, comprising of Buildings D and E as shown on the Site Plan, submitted to the Local Planning Authority on 5 May 2020, shall be used together only as a single unit and shall be limited to a person solely or mainly employed as the manager of Eden Lodge holiday accommodation complex and their dependents. The manager’s accommodation shall not be otherwise occupied, sold, disposed of or let as a residential dwelling or holiday accommodation without the express permission of the Local Planning Authority.

Reason:           Residential development for purposes other than for the essential requirements of a rural business are not permitted within this location in accordance with Policy DM15 of the Development Management Policies Development Plan Document.

Condition 3:     The two metre high screen fence erected along the southern boundary where it meets the neighbouring property ‘Feldgate’, as shown on the submitted Site Plan, shall be maintained in situ.

Reason:           In order to prevent overlooking into neighbouring residential properties to the southern site boundary. 

Condition 4:

a)         Within 3 months of the grant of planning permission full details of the foul drainage treatment to service the manager’s accommodation shall be submitted to the Local Planning Authority for approval. These details should include:

-           Scaled plans showing the location of the proposed installation, including any drainage field or outfall;

-           Percolation tests where the outfall is to the ground to determine the absorption rate of soil for a drainage field;

-           Confirmation of the capacity of the tank relative to the peak load of the manager’s accommodation and the existing holiday accommodation;

-           Management and access arrangements for servicing and emptying the tank.

b)         Within 2 months of the date of the Local Planning Authority’s written approval to the matters outlined in clause a) to this condition, the approved scheme shall be implemented in full and a verification report provided to the Local Planning Authority confirming the installation of the foul drainage treatment in accordance with the approved details.

Reason:           To ensure that foul drainage is managed at the site to ensure that it reduces the potential for pollution into groundwater in accordance with Policies DM6 and DM7 of the Development Management Policies Development Plan Document.

Condition 5:     Notwithstanding the details set on the submitted plans, the hot tub shall be retained at all times hereafter in the location to the north of buildings D and E as denoted on the Site Plan, submitted to the Local Planning Authority on 5 May 2020. 

Reason:           In order to protect the residential amenity of the neighbouring residential properties from noise disturbance in accordance with Policy DM1 and DM7 of the Development Management Policies Development Plan Document

INFORMATIVE

           In accordance with the Environmental Permitting (England and Wales) Regulations 2016 any discharge of sewage made to either surface water or ground water will need to hold an environmental permit issued by the Environment Agency or comply with the ‘general binding rules’ for the use of a non-mains drainage system. Further information is provided at https://www.gov.uk/permits-you-need-for-septic-tanks/overview

           The package treatment plant will also be required to be compliant with Building Regulations (including minimum distances from any building and private water supply source).

Note – The Committee voted to adjourn for a break at 11.00 a.m. and reconvened at 11.05 a.m. when a roll call was taken, all Members confirming that they were present, that they were able to see (where practicable) and hear all Members participating in the meeting.

Publication date: 10/09/2020

Date of decision: 25/06/2020

Decided at meeting: 25/06/2020 - Planning Committee

Accompanying Documents: