Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Change of use of land to a camping site from 1 May to 1 September each year (Kirkby Lonsdale RUFC)
Note – The Planning Officer’s presentation had been circulated to Members and displayed on the Council’s Website on the day before the meeting.
The Planning Officer presented Planning Application No. SL/2019/0261 which sought permission to use two areas of the Rugby Club grounds for camping during the period 1 May to 1 September each year. He displayed plans and photographs which outlined the proposals and reminded Members that some of them had visited the site in August 2019. He provided Members with an overview of the site and explained that vehicular access was gained via the B6254 and Raygarth and that there was a one-way system operated within the site itself. He went on to highlight the camping areas A and B, defined by a red line on the displayed plans, and their proximity within the RUFC site and explained that the boundary of the Yorkshire Dales National Park (YDNP) wrapped around the curtilage of the Rugby Club on all sides, with the exception of the southern boundary.
The Planning Officer displayed further photographs, which had been submitted by local residents in 2019. The images showed significant activity on the site which had spilled onto the main rugby pitches. He highlighted that access was a key concern of local residents, particularly those who lived on Raygarth. He explained that the approach to the site through the village was considered to be too narrow and dangerous and that access via Raygarth was of considerable concern due to the level of activity and disturbance caused by the increased volume of traffic. In addition access via Fairbank was of concern due to much of Fairbank being narrowed to a one way road due to a continuous string of parked cars. The Planning Officer drew Members’ attention to the late representations which had been circulated prior to the meeting and highlighted an alternative approach to the site via the Hop House Lane route, which could be encouraged in the recommended travel plan.
The Planning Officer went on to inform Members that the Rugby Club had provided correspondence on how it had exercised its current permitted development rights. In addition the club had provided a plan which highlighted the specific areas of the site and the limits of its entire curtilage. He explained that the updated Condition 5, within the proposal, would place an overall limit of 126 pitches on the site as a whole at any one time within any part of the curtilage and if the Club used the areas located within the red line for the 126 pitches there would be no remaining capacity to use the remainder of the site under permitted development rights. However if it was used less intensively, the Club could apply their permitted development rights such as having tents on site but for no more than 28 days per year.
In concluding his presentation, the Planning Officer informed Members that recommendation was to grant temporary permission for the 2021 season and that the principle of the development was consistent with policies within the Core Strategy and Development Management Development Plan Document (DMDPD) which were supportive of increasing the stock of tourist accommodation within the district. In addition the Local Highway Authority was happy to support the application with the Conditioned restriction of 126 pitches.
Note – at this point in the proceedings the Chairman requested that the public participant, Ms Joelle Boyd be dialled into the meeting to make her representation. The Chairman welcomed Ms Boyd and informed her that she had five minutes in which to make her address.
Ms Boyd a local resident addressed the Committee on behalf of herself and her mother and spoke in opposition to the application.
Note – at this point in the proceedings the Chairman requested that the public participant, Mrs Lesley Taylor be dialled into the meeting to make her representation. The Chairman welcomed Mrs Taylor and informed her that she had three minutes in which to make her address.
Mrs Taylor a local resident addressed the Committee in opposition to the application.
Note – at this point in the proceedings the Chairman requested that the public participant, Mr Mike Neal be dialled into the meeting to make his representation. The Chairman welcomed Mr Neal and informed him that he had three minutes in which to make his address.
Mr Neal, President of Kirkby Lonsdale Rugby Club, addressed the Committee in support of the application.
The Planning Officer responded to concerns raised by public participants.
The Planning Officer responded to questions raised by Members.
Members gave consideration to the application. Members felt that the application for temporary permission for the 2021 season was sensible in order to assess how the site was managed and the impact on residents. Members were reassured by the fact that the Town Council, Cumbria County Council Local Highway Authority and Yorkshire Dales National Park Authority had no further concerns. Members agreed that the main issue for residents was the access to the site and a Member suggested that the Rugby Club replace the cattle grid with a concrete pad, as it was considered that this would help reduce the traffic noise. The Legal, Governance and Democracy Lead Specialist provided clarification relating to the case law referenced by Ms Joelle Boyd.
A motion to approve the application was proposed and seconded and a vote was taken on the motion, 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 granted subject to the following conditions:-
Condition (1) The development hereby permitted shall be carried out in accordance with the following approved plans:
Drawing 200 Revision PL - Proposed Location Plan: Seasonal Camping Zones
Drawing 201 Revision PL - Proposed Site Plan: Seasonal Camping Zones
Drawing 202 Revision PL - Proposed Context Plan: Seasonal Camping Zones
Reason For the avoidance of doubt and in the interests of proper planning.
Condition (2) This permission is granted for and shall endure for a temporary period of 12 months and for the avoidance of doubt shall expire on 1st September 2021.
Reason To assess the efficacy of measures to reduce impacts on residential amenity to an acceptable level.
Condition (3) The use hereby permitted shall not commence until a travel plan governing its operation has been submitted to, and approved in writing by, the local planning authority. The travel plan shall include demonstrable measures to minimise traffic movements associated with the permitted use and, in anticipation of a future application to extend the use beyond 2021, shall commit to a traffic survey, including the preparation of an accurate baseline against which to judge the impact of any increase and/or change in character of traffic movements. Thereafter, the use shall be operated in accordance with the approved travel plan.
Reason To assess, specifically, the efficacy of measures to reduce traffic impacts on residential amenity to an acceptable level.
Condition (4) The camping use hereby permitted, defined in this case as use by caravans, motorised campervans and tents, shall be limited to “Camping Area A” and “Camping Area B” defined on the approved drawings.
Reason To ensure that the visual impact of the development is appropriately mitigated and to ensure that caravans and tents do not compromise the use of existing playing fields.
Condition (5) Notwithstanding the provisions of Parts 4 and 5 of the Schedule 2 of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended, or as may be subsequently be amended or re-enacted) no more than 46 caravans and campervans and no more than 80 tents shall be pitched at any one time within any part of the curtilage of the Kirkby Lonsdale Rugby Club as defined within the blue line on drawing number 203 Revision PL (Proposed Location Plan Temporary Camping Zones) in any calendar year between 01 May and 01 September for the duration of this planning permission as defined by condition 2 herein.
Reason To ensure that the impact upon: (1) the local highway network; and (2) residential amenity is limited to an acceptable level.
P & P Statement
In the exercise of its judgement in determining the appropriate balance of considerations, the Local Planning Authority has acted positively and proactively in determining this application proposal, taking into account all material considerations. Material considerations include planning policies and any representations that may have been received preceding the determination to grant planning permission in accordance with the presumption in favour of sustainable development as set out in the National Planning Policy Framework. The Local Planning Authority is satisfied that its processes and practices are compatible with the Human Rights Act and the decisions of the European Court of Human Rights.
Note – The Committee voted to adjourn for a break at 11.37 a.m. and reconvened at 11.45 a.m. when a roll call was taken, all Members, with the exception of Councillor Hughes, 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: 30/07/2020
Decided at meeting: 30/07/2020 - Planning Committee