WWA Change of Opening Hours

Ref: 25: 6099 Planning Portal Reference: 004441933

Application for removal or variation of a condition following grant of planning permission. Town and Country Planning Act 1990. Planning (Listed Buildings and Conservation Areas) Act 1990

Publication of applications on planning authority websites. Please note that the information provided on this application form and in supporting documents may be published on the Authority’s website. If you require any further clarification, please contact the Authority’s planning department.

1. Applicant Name, Address and Contact Details

Title: Mr & Mrs First name: Neil and Michelle Surname: Payne

Company name West Wight Alpacas

Street address: Wellow Alpaca Stud,

Main Road

Town/City Wellow

County: Isle of Wight

Country: United Kingdom

Postcode: PO41 0SZ

Are you an agent acting on behalf of the applicant? NoYes

Country Code

National Number

Extension Number

Mobile number:

Telephone number:

Fax number:

Email address:

2. Agent Name, Address and Contact Details

Title: Mr First Name: David Surname: Long

Company name: BCM

Street address: BCM LLP

Willow Barn

Long Lane

Town/City Newport


Country: United Kingdom

Postcode: PO30 2NW

Country Code

Extension Number

01983 828800

National Number

Mobile number:

Telephone number:

Fax number:

Email address:


3. Site Address Details

Description of location or a grid reference (must be completed if postcode is not known):

Full postal address of the site (including full postcode where available)

House: Suffix:

House name: Wellow Alpaca Stud

Street address: Main Road

Town/City: Wellow


Postcode: PO41 0SZ

Easting: 438320

Northing: 88279

Description:

4. Pre-application AdviceHas assistance or prior advice been sought from the local authority about this application? NoYes

If Yes, please complete the following information about the advice you were given (this will help the authority to deal with this application more efficiently):

Officer name:

Title: Mr First name: Russell Surname: Chick

Reference:

Date (DD/MM/YYYY): (Must be pre-application submission)

Details of the pre-application advice received:

Positive reaction to proposal - cited general support for the rural economy.

5. Description of Proposal

Please provide a description of the approved development as shown on the decision letter:

Change of use of part of agricultural barn and workshop to form farm shop; parking

Application reference number: P/01713/12 - TCP/30601/H Date of decision: 13/02/2013

Please state the condition number(s) to which this application relates:

Condition number(s):

Condition 8: The farm shop hereby permitted shall not be open to customers outside the following times: 1000 to 1730 Monday to Sunday (including Bank and Public Holidays)

Has the development already started? NoYes If Yes, please state when the development was started: 01/04/2013

Has the development been completed? NoYes If Yes, please state when the development was completed: 01/07/2013

6. Condition(s) - Removal

Please state why you wish the condition(s) to be removed or changed:

Please refer to the Planning Statement

If you wish the existing condition to be changed, please state how you wish the condition to be varied:

Please refer to the Planning Statement

7. Site Visit

Can the site be seen from a public road, public footpath, bridleway or other public land? NoYes

If the planning authority needs to make an appointment to carry out a site visit, whom should they contact? (Please select only one)

The applicantThe agent Other person


8. Certificates (Certificate A)Certificate of Ownership - Certificate A

Town and Country Planning (Development Management Procedure) (England) Order 2015 Certificate under Article 14I certify/The applicant certifies that on the day 21 days before the date of this application nobody except myself/the applicant was the owner (owner is a person with a freehold interest or leasehold interest with at least 7 years left to run) of any part of the land to which the application relates, and that none of the land to which the application relates is, or is part of, an agricultural holding (“agricultural holding” has the meaning given by reference to the definition of “agricultural tenant” in section 65(8) of the Act).

Person role: Applicant

Title: Mr First name: David Surname: Long

Declaration date: 21/08/2015 Declaration made

9. Declaration

I/we hereby apply for planning permission/consent as described in this form and the accompanying plans/drawings and additional information. I/we confirm that, to the best of my/our knowledge, any facts stated are true and accurate and any opinions given are the genuine opinions of the person(s) giving them. Date 25/08/2015

BCM

Planning Statement

Variation of Condition 8 – P/01713/12-TCP/30601/H Land at West Wight Alpacas. Main Road, Wellow, Isle of Wight

August 2015

BCM Ref: 852/4992

rural consultancy | sales & purchases | lettings architecture & design | planning & development

852/4992 Variation of Condition – West Wight Alpacas

August / 2015

Page 2

Contents Page

Introduction & Background Context .......................................................................................... 3 Planning Policy ........................................................................................................................... 3 Variation & Proposed Condition ................................................................................................ 5 Conclusion .................................................................................................................................. 8


August / 2015

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Introduction & Background Context

The application seeks to vary condition 8, based on an implemented planning consent (P/201713/12-TCP/30601/H).

Consent was granted on the 13th February 2013. The decision notice applied condition 8 which is cited as follows:-

“The farm shop hereby permitted shall not be open to customers outside the following times: 10.00 – 17.30 Monday – Sunday (including Bank & Public Holidays)

Reason: To protect the amenity of nearby residential property occupiers and to comply with Policy DM2 (Design Quality for New Development) of the Island Plan Core Strategy.

West Wight Alpacas have been successfully operating the farm shop and cafe since 2013, however due to business diversification needs the timeframes stipulated by Condition 8 are too restrictive. The variation seeks to revise the operational times which will allow evening trade, but without having direct consequence against the original reason behind the condition.

The closure for the premises at 17.30pm is not reasonable; nor does it have a direct relationship or impact with neighbouring amenity.

Planning Policy

Policy SP1 (Spatial Strategy) identifies that development outside of the defined settlements will encourage tourism related development in accordance with Policy SP4.

Policy SP4 suggests that the Council will support the sustainable growth of high quality tourism, which should include leisure ‘destinations’ to cater for the tourism market.

SP4 Tourism

The Council will support sustainable growth in high quality tourism and proposals that increase the quality of existing tourism destinations and accommodation across the Island.

To reflect the special tourism offer of the Isle of Wight, proposals for tourism related development should utilise the unique characteristics of the historic and natural environments, without compromising their integrity. The Council also wishes to see the Island become an all year round tourism destination, which develops green and new niche tourism products, and development proposals should reflect this.

Whilst the target is to improve and maintain the quality of existing tourism destinations and accommodation, a loss of bed spaces through redevelopment or conversion to other uses will be permitted where it can be demonstrated that the use is no longer viable and that the premises/site has been marketed for at least 12 months at an appropriate market price.

Tourism-related development proposals should maintain a mix of tourism accommodation that offer a range of styles, types and quality of provision and make use of current or former tourism sites wherever

possible.


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Policy SP3 (Economy) supports the sustainable growth in the rural economy and indicates (section 5.76) that “the Council will be supportive of proposals for locally sustainable economic development across the Rural Service Centres and the wider rural area where the proposals are broadly compliant with development plan policies.” This is in correlation with Policy DM8 (Economic Development) as cited:-

Part 5 specifically indicates that rural economic development opportunities and farm diversification schemes that contribute to the sustainability of the wider countryside will be supported by the Council. This is true of West Wight Alpacas. There is a direct correlation with this proposal and the variation of condition.

Policy DM10 (Rural Service Centres & the Wider Rural Area) supports proposals that contribute to the vitality and viability of the wider rural area. As demonstrated by that policy, the loss of existing retail facilities is not condoned and so by default, it would not be remiss to argue that the support and enhancement of existing facilities should be accepted.

Part 3 of Policy DM10 specifically states that new retail development is acceptable within the wider rural area, with particular reference to ‘a farm shop’. Section 7.171 indicates that “farm shops can provide a retail offer to the community which they serve and contribute to the local and wider Island economy as places for people to visit and buy local produce. Applications for new farm shops will only be permitted where the proposal is in keeping with the local character and offer safe access onto the local road network.” This policy does not stipulate or advocate the use of conditions to restrict the business, but actually encourages them to flourish so they do serve as economic hubs for people to visit and serve the local community.

When balancing all policies contained within the Island Plan it is clear there is a drive to help and assist the rural economy which is in direct correlation with this application.

DM8 Economic Development

The Council will, in principle and in line with national policy, support growth in economic development. The Council will support proposals for:

1. The extension of existing employment sites in sustainable locations.

2. The development of clusters in knowledge-driven and high technology industries. These should be focussed within the Medina Valley and Ryde Key Regeneration Areas.

3. The development of start-up units and premises that offer room for the expansion of existing Island companies and potential inward investors.

4. B1a (office) development in, or on the edge of, existing town centres, close to public transport links and accommodated as part of mixed-use development schemes, where appropriate.

5. Rural economic development opportunities and farm diversification schemes that contribute to the sustainability of the wider countryside.

6. The conversion and re-use of existing buildings.

Development proposals will be expected to ensure appropriate infrastructure is developed to facilitate the proposed development.

The loss of employment sites referred to in Policy SP3 will only be permitted if evidence of marketing for at least 12 months at an appropriate market price is provided and where it can be shown that a

mixed use redevelopment would lead to no net loss in employment opportunities within the site.


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Variation & Proposed Condition

Before dissecting the requirements of the business, it is clear that condition 8 allows custom to be generated between the hours of 10am and 5.30pm on any given day. The reason is in order to protect the amenities of nearby local property occupiers and to comply with Policy DM2 of the Island Plan Core Strategy.

Policy DM2 does not focus itself to the proposal and its relationship upon any impact on neighbouring properties or amenity, albeit part 2 discusses a site having regard to ‘existing constraints’ such as adjacent buildings. It is within this context that the condition must be reviewed.

Similarly when referencing the Local Authorities justification/evaluation, it references the importance of Policy DM10 whereby farm shops can provide a retail offer to the community and contribute to the local and wider Island economy.

Interestingly, under the section “Impact to Amenity of Neighbouring Property Occupiers” it outlines the reasoning behind the opening hours. It is true that the original application stated that the hours of opening should be between 8am and 7pm each day, including Bank Holidays. The officers report identified that the applicant generally stated that hours would normally be between 10.00am to 5.00pm, but they would need some flexibility for evening events for ‘talks to groups such as Guilds, Women Institute groups, Cubs, Scouts etc…’ It is worthy to note that the Planning Authority did not build in such flexibility for evening activity and subsequently quote that they “consider it reasonable to limit the opening hours through condition to 10.00am – 5.30pm” to ensure the amenity of neighbouring property occupiers are being protected in this rural location.

The condition nor the justification analysed what amenities need to be protected beyond those specified time periods and therefore it must be questioned as to whether the actual condition is reasonable against tests within National Planning Guidance.

National Planning Guidance stipulates 6 tests for the use of planning conditions; which all must be satisfied. The 6 tests are as follows:-

Test Key Questions Commentary

Necessary Will it be appropriate to refuse planning permission without the requirements imposed by the condition?

A condition must not be imposed unless there is a definite planning reason for it; i.e. it is needed to make the development acceptable in planning terms.

If a condition is wider in scope than is necessary to achieve the desired objective it will fail the test of necessity.

This belies the problem with the original condition.

There is no specific reason for the condition; bar a vague assertion that beyond 5.30pm the use would generate an unsubstantiated impact on neighbouring amenity.

Relevant to planning

Does the condition relate to planning objectives and is it within the scope of the permission to which it is to be attached?

The condition is relevant to planning


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A condition must not be used to control matters that are subject to specific control elsewhere in planning legislation (for example; advertisement control, Listed Building consents, or tree preservation).

Specific controls outside planning legislation may provide an alternative means of managing certain matters (for example, works on public highways often require highways’ consent).

However suitable EHO powers can control the use of premises and the general operations to protect amenity, if required.

Relevant to the development to be permitted

Does the condition fairly and reasonably relate to the development to be permitted?

It is not sufficient that a condition is related to planning objectives; it must also be justified by the nature or impact of the development permitted.

A condition cannot be imposed in order to remedy a pre-existing problem or issue not created by the proposed development.

The condition is relevant to planning but it is not sufficiently justified

Enforceable Would it be practicably possible to enforce the condition?

Unenforceable conditions include those for which it would, in practice, be impossible to detect a contravention or remedy any breach of the condition, or those concerned with matters over which the applicant has no control.

The current condition is enforceable.

Precise Is the condition written in a way that makes it clear to the applicant and others what must be done to comply with it?

Poorly worded conditions are those that do not clearly state what is required and when must not be used.

The current condition is precise.

Reasonable in all other respects

Is the condition reasonable?

Conditions which place unjustifiable and disproportionate burdens on an applicant will fail the test of reasonableness.

Unreasonable conditions cannot be used to make development that is

The condition is not felt to be reasonable because it does place disproportionate burdens on the business without a quantified reason.


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unacceptable in planning terms acceptable.

Upon not having any reasoned evidence for the condition and how it affects amenity, we can presume the impact associated with the proposed variation to seek the opening hours between 10am and 11pm is not unreasonable.

The variation of condition seeks to extend operating hours by 5.5 hours per day. This extension should be correlated against its impact upon neighbouring occupiers.

With this context the building in question sits centrally within the site and is not in close proximity to any neighbouring occupier or property. The use is contained within a building and thus it would be hard to quantify any impact (i.e. noise), especially given consideration to the amount of covers within the property. In essence, the property by reason of its position and use will not generate a discernible impact. Due to the scale of operations the impact will never be significant, let alone cause a justifiable impact on neighbouring amenity.

In turn, one must be mindful that it is normally rare to fill all covers/seats at any given time. When viewed ‘in reality’ the impacts will be negligible and the activity self-contained within the site and within the building.

We must also be conscious that any commercial establishment is subject to considerable seasonal variation which also dictates fluctuation in demand and the scale of operations.

The intension of the application is to allow flexibility as intended by the original planning application (P/01713/12). The Local Authority failed to incorporate flexibility into the original condition so that there would be material benefits to the business and to the wider Island economy.

So great is central governments commitment to regenerate the rural economy that if the applicants were to submit an application now this would have a deemed consent (by virtue of the 2015 GPDO) without any application or restrictive planning conditions (as the building is less than 150sqm). The government has clearly realised that small scale commercial operations, including that of shops and cafes will unlikely generate an impact to cause concern on neighbouring amenity.

Therefore upon review of the decision notice, the justification of the Local Authority and the lack of evidence to quantify the reason for condition 8, it is only fair and reasonable to support the business to extend its opening hours and to help facilitate this small premises and Isle of Wight economy.

Conclusion

The Governments drive to boost the rural economy, backed with the strength of local policy dictates an overwhelming support for this application. When assessed against tests within the NPPG it is clear the condition should be varied as the existing condition is not sufficiently defined or reasonable to quantify an impact. Given the level of use and the actual site characteristics the proposal is acceptable and policy compliant.

Documents

WWA Change of Opening Hours