1. That the application be REFUSED for the following reason :

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1 Page 1 7. FULL APPLICATION CHANGE OF USE OF LAND FOR THE SITING OF ONE RESIDENTIAL CARAVAN AT MOORSIDE QUARRY, MOORSIDE LANE, POTT SHRIGLEY. (NP/CEC/0810/0814, P5394, , /379646/JK) APPLICANT: KEVIN HOLLIDAY LTD Site and Surroundings Moorside Quarry is a disused former stone quarry, now restored, which is situated about 1km to the north east of the village of Pott Shrigley and immediately north of the Old Brickworks Industrial estate on Bakestonedale road. Access into the quarry is off Moorside Lane via a drive that is secured by metal gates and associated metal fencing. This leads into the lower, southern part of the former quarry which still retains the steep rocky sides from the original workings which, along with the substantial tree planting to the south, east and west sides, screen the quarry floor from views outside the site. The quarry is now part of a wider land holding extending to some 40ha of grazing land extending to the north and east which is owned by the applicant. Within the quarry there is a U shaped block of 8 horse stables and 2 store rooms with associated concrete hardstanding, a detached hay barn (20m x 10m) adjacent for the storage of feed and equipment and a riding arena (40m x 20m) across the yard to the east. The stable block is largely faced in dark stained timber under a corrugated sheet roof but has its south elevation clad in stone. The barn is also timber clad and has a corrugated roof to match the stables. These buildings are subject to a planning condition restricting their use to the stabling of domestic horses owned by the applicant and his family members with a specific restriction preventing their use for any commercial, trade or business purpose. The applicant lives nearby in Pott Shrigley village, 1km away by road. The stables are now largely used for the keeping of rescue horses and only two domestic horses being kept by the owner. The subject of this application is an unauthorised mobile home sited in the north eastern part of the quarry floor which is occupied by a person employed by the applicant to watch over/look after the rescue horses. The application form states the caravan has been on site since July Proposal Retrospective application for the siting of the residential caravan for a period of 3 years to enable 24hr care of the rescue horses on the site. The application details state that after this period the need for 24 hr care will be reviewed. The caravan is a typical mobile home style (9m x3m) and is largely white with a horizontal green stripe just below eaves height and a brown stripe lower down. The home is connected to the existing biodisc treatment plant on the site already used to treat sewage arising from the site. RECOMMENDATION: 1. That the application be REFUSED for the following reason : Insufficient justification to constitute a functional need for a temporary residential home in open countryside, proposal is therefore contrary to saved Local Plan policy LC12 and PPS7. 2. That Enforcement Action be authorised to remove the unauthorised caravan from the site and reinstate the ground to its former condition.

2 Page 2 Key Issues 1. Whether there is a need for a temporary dwelling to provide 24hr care for the horses in accordance with National and Local policies relating to the provision of occupational dwellings in open countryside outside the confines of a town or village. 2. Whether the caravan is acceptable in terms of its design, siting, access, landscape impact and impact upon neighbouring residential properties. History 2005 Outline and reserved matters granted for erection of stable block, barn, hardstanding and riding arena Unauthorised timber stable and fence removed following enforcement action 2010 Enforcement case opened in respect of unauthorised caravan. Consultations Highway Authority - No objections as no highway implications. Civil Aviation Authority (as site close to Manchester airport) No comments offered as proposal not affecting own land or involving wind turbines. Parish Council Recommend approval subject to permission being reviewed every 3 years and it being linked to the 24hr care of horses and that the caravan is mobile. Representations None received to date Main Policies Government Planning Policy Statements PPS7. Relevant EMRP (Regional Spatial Strategy) policies include: 1, 8, 26, 31 Relevant Local Plan policies include: LC4, LC12, LR1, LR7, LT11 Policy Framework Central government advice in Planning Policy Statement 7: Sustainable Development in Rural Areas (PPS7) recognise the importance of protecting the scenic beauty of the National Park for its own sake. Paragraph 1 of Annexe A states that paragraph 10 of PPS 7 makes it clear that isolated new houses in the countryside require special justification for planning permission to be granted. One of the few circumstances in which isolated residential development may be justified is when accommodation is required to enable agricultural, forestry and certain other full-time workers to live at, or in the immediate vicinity of, their place of work. It will often be as convenient and more sustainable for such workers to live in nearby towns and villages, or suitable existing dwellings, so avoiding new and potentially intrusive development in the countryside. However, there will be some cases where the nature and demands of the work concerned make it essential for one or more people engaged in the enterprise to live at, or very close to, the site of their work. Whether this is essential in any particular case will depend on the needs of the enterprise concerned and not on the personal preferences or circumstances of any of the individuals involved.

3 Page 3 Paragraph 2 of Annex A further states that it is essential that all applications for planning permission for new occupational dwellings in the countryside are scrutinised thoroughly with the aim of detecting attempts to abuse (e.g. through speculative proposals) the concession that the planning system makes for such dwellings. In particular, it will be important to establish whether the stated farming, forestry or other rural-base enterprise are genuine, are reasonably likely to materialise and are capable of being sustained for a reasonable period of time. It will also be important to establish the needs of the intended enterprise require one or more of the people engaged in it to live nearby. Paragraph 3 states New permanent dwellings should only be allowed to support existing agricultural activities on well-established agricultural units, providing: (i) there is a clearly established existing functional need (see paragraph 4 below); (ii) the need relates to a full-time worker, or one who is primarily employed in agriculture and does not relate to a part-time requirement; (iii) the unit and the agricultural activity concerned have been established for at least three years, have been profitable for at least one of them, are currently financially sound, and have a clear prospect of remaining so (see paragraph 8 below); (iv) the functional need could not be fulfilled by another existing dwelling on the unit, or any other existing accommodation in the area which is suitable and available for occupation by the workers concerned; and (v) other planning requirements, e.g. in relation to access, or impact on the countryside, are satisfied. Paragraph 4 sets out that A functional test is necessary to establish whether it is essential for the proper functioning of the enterprise for one or more workers to be readily available at most times. In relation to security concerns paragraph 6 states The protection of livestock from theft or injury by intruders may contribute on animal welfare grounds to the need for a new agricultural dwelling, although it will not by itself be sufficient to justify one. In relation to other occupational dwellings such as in this case Paragraph 15 of Annex A states that there may be instances where special justification exists for new isolated dwellings associated with other rural-based enterprises. In these cases, the enterprise itself, including any development necessary for the operation of the enterprise, must be acceptable in planning terms and permitted in that rural location, regardless of the consideration of any proposed associated dwelling. Local planning authorities should apply the same stringent levels of assessment to applications for such new occupational dwellings as they apply to applications for agricultural and forestry workers dwellings. They should therefore apply the same criteria and principles in paragraphs 3-13 of the Annex, in a manner and to the extent that they are relevant to the nature of the enterprise concerned. Paragraph 12 of Annex A further states; If a new dwelling is essential to support a new farming activity, whether on a newly-created agricultural unit or an established one, it should normally, for the first three years, be provided by a caravan, a wooden structure which can be easily dismantled, or other temporary accommodation. It should satisfy the following criteria: (i) clear evidence of a firm intention and ability to develop the enterprise concerned (significant investment in new farm buildings is often a good indication of intentions); (ii) functional need (see paragraph 4 of this Annex); (iii) clear evidence that the proposed enterprise has been planned on a sound financial basis; (iv) the functional need could not be fulfilled by another existing dwelling on the unit, or any other existing accommodation in the area which is suitable and available for occupation by the workers concerned; and (v) other normal planning requirements, e.g. on siting and access, are satisfied. Paragraph 13 of Annex A states If permission for temporary accommodation is granted, permission for a permanent dwelling should not subsequently be given unless the criteria in

4 Page 4 paragraph 3 above are met. The planning authority should make clear the period for which the temporary permission is granted, the fact that the temporary dwelling will have to be removed, and the requirements that will have to be met if a permanent permission is to be granted. Authorities should not normally grant successive extensions to a temporary permission over a period of more than three years, nor should they normally give temporary permissions in locations where they would not permit a permanent dwelling. The East Midlands Regional Plan (Regional Spatial Strategy) Policy 1 states, all strategies, plans and programmes having a special impact should protect and enhance the environmental quality of rural settlements, by promoting high quality design which reflects local distinctiveness. Policy 8 sets out the spatial priorities for the Peak Sub Area and the most notable of these include securing the conservation and enhancement of the National Park. Policy 26 states, amongst other things, that the Region s internationally and nationally designated natural and historic assets should receive the highest level of protection. Policy 31 sets out the priorities for the management and enhancement of the region s landscape which states, The region s natural and heritage landscapes should be protected and enhanced by the promotion of the highest level of protection for the nationally designated landscapes of the Peak District National Park. Peak District National Park Local Plan Policy Policy LC4 states that where development is acceptable in principle, it will be permitted provided that its detailed treatment is of a high standard that respects, conserves and where possible it enhances the landscape, built environment and other valued characteristics of the area. There are no specific policies in the Local Plan relating to the provision of operational dwellings for equestrian or other occupational uses. Following the advice in PPS7 to apply the same tests as for agricultural workers dwellings the relevant Local Plan policy is therefore LC12. This policy states that the need for a new agricultural or forestry worker s dwelling will be considered against the needs of the farm or forestry business concerned and not the personal preferences or circumstances of any individuals involved. Development will be permitted provided that: the application is accompanied by a detailed appraisal that demonstrates that there is a genuine and essential functional need for the workers concerned, with a requirement that they need to be readily available at most times day and night, bearing in mind current and likely future requirements. Further criteria that the proposal must meet to comply with policy LC12 are; there is no suitable existing accommodation in the locality that could be reasonably made available for the occupation by the worker. Size and construction costs are commensurate with the established functional requirement and likely sustainable income of the business. It is close to the main group of existing buildings and does not require obtrusive new access tracks or driveways. A satisfactory mechanism is put in place to secure long term control by the business of the dwelling in question and of any other dwelling that meets an agricultural need of the business.

5 Page 5 Occupancy of the dwelling in question and of any other dwelling that meets an agricultural need of the business) is restricted to persons solely or mainly working in the locality in agriculture or in forestry, or to the same occupants when they have stopped such work, or a widow or widower of such a person, and any resident dependants. Stated intentions to engage in or further develop farming are genuine, reasonably likely to happen and capable of being sustained for a reasonable period of time. Where there is uncertainty about the sustainability of an otherwise acceptable proposal, permission may be granted for an appropriately coloured caravan or other temporary accommodation. Sufficient detail is provided to enable proper consideration of these matters. Agents supporting Statement The agent states that the stables are occupied by rescued horses but does not state when this use first took place. In terms of the functional need he states the horses are often traumatised at time of rescue and require careful management and handling over a considerable period to nurse them back to health, using the riding area and the wider holding for exercise. He states rescue horses need a higher level of care and supervision, especially in the early months following rescue and it has been the applicants practice to have a person live in the mobile home to provide 24hr care. He points out the quarry is a secure and isolated setting screened from public view and thus there is no informal surveillance from public places or neighbouring property. This leads to concerns about it being vulnerable to trespass, vandalism and harm to the horses. If an equine emergency arose there would be little prospect of this being discovered before the owners next visit when significant suffering may have occurred, especially if a problem arose over night. In addition the agent points out that whilst the form of management of the open grazing land is appropriate for landscape management in that it is not fenced into paddocks, this does require close management to prevent health problems that could result from over grazing. Furthermore he states that the horses are out of sight and hearing of the applicant who lives 1km away in Pott Shrigley. There is no residential accommodation nearer to the site and none available for a manager leading to the only option being to provide a temporary dwelling in the quarry. Given the secluded siting the agent does not consider that the issue of the colour of the caravan is important nor its size or precise siting as its location provides no landscape harm. Applicants additional supporting statement Following discussions with the agent during consideration of the application the applicant has written providing further details of how the rescue operation is run. The following is a summary of points made in addition to those already made above; The rescue operation has evolved over the last 4 years and is a passion of the applicant, it is not run as a business or charity. Horses stay anything from 6 months to a few years There are currently 6 on site and over the past years 4 have been found new homes. There are 2 domestic horses on site now but the applicant will in future be concentrating only with rescue horses, there are no plans to keep any more than 8 horses.

6 Page 6 None of the rescue horses are used for the applicants own pleasure and they are only ridden (if capable) to prepare them for a new home. The day time work is divided by the applicants wife (who has a family and other responsibilities) and the worker resident on site. Evening work is undertaken by the worker who normally does a final check of the horses at 11pm each night. If a rescue has just been taken in which needs special monitoring/care the worker may have to visit every 2-3 hrs overnight. The applicant fails to see how CCTV would help show if the horses were safe or help hear the animals in the night. Even if employed it could not provide the necessary overnight feeding and watering in small amounts at regular intervals when a horse is first brought in. The worker also has a few hours of part time work in the village which provides her only source of income which would be insufficient to find any affordable accommodation other than the caravan. Comment The keeping of the rescue horses is effectively a hobby operated by the applicants wife. Officers therefore consider this is still a use connected with the applicants private domestic use of the stables rather than forming a trade or business enterprise. The latter would of course be contrary to the conditions of the current consent for the stables and require a fresh permission. The existing stables were approved in this open countryside location as an exception to Policy LR7 which normally requires such facilities to be sited close to an existing building group. Although the policy aim was minimising landscape impact such siting usually also meant proximity to a supervising dwelling. This particular exception to the policy norm was allowed on the basis that the siting within the quarry had no wider landscape impact, along with the applicant s assurances that the facility was for private domestic recreation purposes only. Clearly at the time of gaining approval for the stables back in 2005 the applicant was fully aware of the sites constraints. In proceeding to invest in the stable development the applicant had effectively acknowledged the sites suitability to accommodate up to 8 private horses without an on-site dwelling as the site could be serviced from their existing dwelling in the village. The main question raised by this application is therefore what are the management and care differences between keeping private horses vs. rescue horses that would now justify an on site presence of a full time worker providing 24hr care/supervision. The site lies in the open countryside well outside the confines of the nearest village, Pott Shrigley. The advice set out in PPS7 makes it clear that Local Planning Authorities should consider applications for new operational dwellings in the open countryside using the same criteria as for agricultural workers dwellings. Specific advice is given about temporary dwellings in para 12 which is geared towards new business enterprises. In respect of Local Policy it is considered reasonable in the light of advice in PPS7 to apply the criteria set out above in policy LC12 in assessing this proposal. This case is not a business and therefore the viability information requirement and financial test in PPS7 are not relevant. The remaining relevant tests in PPS7 and the Authority s own policy LC12 essentially relate to the need to prove a functional need for the new accommodation and why that need could not be met by an existing dwelling nearby or in a nearby village. If a functional need is proven the remaining policy requirements require an effective control mechanism to secure the proper use of the dwelling and the normal design, layout, amenity and landscape considerations.

7 Page 7 Need for the caravan The security concerns expressed by the agent on behalf of the applicant are no different today than when they chose to erect the stabling in this location back in With the advances in CCTV and communication equipment, today s technology could easily provide remote surveillance back to the applicants home to offset some of their security concerns (and better enable out of hours monitoring of a newly acquired rescue horse). Consequently officers have placed little weight on this issue which, on its own, is insufficient justification for an on-site dwelling. The submitted justification statement failed to provide any details of the work involved in looking after the horses, who and how many were employed in looking after them and over what hours. Officers were therefore initially unable to determine whether there was any need for a full time or even part time employee to be involved in the operation over and above the applicant and his wife. Following recent discussions with the agent further details have been received from the applicants wife which provide a detailed explanation of the operation. These are summarised above and the full text is available on the file. Officers recognise the rescue horses are likely to require special management and more labour intensive care on first arrival in comparison to the keeping of normal domestic horses. However after settling in the management practice for the horses will be little different to the keeping of normal horses in that there will be no requirement for overnight supervision. The officer conclusion after consideration of the additional material is that this still does not provide sufficient justification to amount to a functional need for a 24hr 365 day on-site presence. Whilst there will on occasions be a need for more intensive care and supervision when a new horse first arrives most of this work and supervision can be achieved during the day. Given the low number of horses involved (10 over 4 years) the overnight supervision requirements are correspondingly low and infrequent and can be offset to a large extent by appropriate management, supplemented by CCTV use. Consequently your officer is unable to conclude, on the basis of the information submitted, that there is a genuine and essential functional need for the worker concerned, or that there is a requirement that the worker needs to be readily available at most times day and night. The proposal is therefore contrary to the Development Plan and the advice in Government Planning Policy PPS7. Landscape Impact In landscape terms, there are presently limited views into the site as it is screened by the land form and the surrounding existing woodland. The caravan is sited in the quarry floor hidden from any public or wider landscape views. It is therefore considered that there would be no wider landscape impact. Impact on neighbours Pott Shrigley village is about a Kilometre away from the site. The nearest individual dwellings are Moorside Farm and cottages a little farther up Moorside Lane from the site entrance. The site lies far enough away from these and other isolated dwellings nearby to avoid any immediate impacts on their residential amenity. The additional traffic associated with the caravan would be minimal and not have any material impact on traffic along the lane. Conclusion The case submitted in support of the application provides inadequate justification to prove a functional need for the retention of the residential caravan in relation to the stabling of rescue horses at the site. Consequently the proposal is recommended for refusal for the reasons set out above.

8 Page 8 If the recommendation of refusal is accepted by the Committee, a second recommendation seeking authority to pursue enforcement action to remove the unauthorised caravan and reinstate the ground is necessary in order to seek to regularise the breach of planning control. Human Rights Any human rights issues have been considered and addressed in the preparation of this report. List of Background Papers (not previously published) Nil