Planing Permission Granetd for Temporary Agricultural Workers Dwelling | Land Adjacent To Holly Farm Bell O The Hill Road Tushingham Cum Grindley Malpas SY13 4QS

3-d architetcural render of the approved workers dwelling.

Presentatio elevation of the new dwelling

Watercolour render of the new workers dwelling.

Aerial view of the approved dwelling.

IINTRODUCTION

En-Plan were approached by the owners of the farm to apply for a new agricultural works dwelling so the farm could be properly managed and taken forward as a business.

SITE DESCRIPTION

The application site is 32-acre agricultural unit in the rural area of Tushingham Cum Grindley with direct access from Bell O the Hill Road. The application site is located in the open countryside. There are a number of agricultural barns to the south of the application site that currently house animals over winter and lambing ewes, farm machinery and fodder.

To the north there lies a residential dwelling and several shed/barns that are not in the applicant's ownership.

PROPOSED DEVELOPMENT

The planning application sought planning permission for a temporary worker dwelling for a three-year period. The proposed structure would be a static caravan, measuring 12.2m long, 4.4m wide, with a maximum height of 3.4m with a mono-pitched roof. The total floor area of the building would be approximately 46 sqm. The structure would be sited in an area of hardstanding to the front of the site (east, adjacent to the access), where a barn was previously situated.

ASSESSMENT

Section 38(6) of the Planning and Compulsory Purchase Act 2004 provides that where regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise. The starting point for decision making as set out in law is the adopted development plan for the area. This comprises the Cheshire West and Chester Local Plan (Part One) (LP1) and Policies of the Cheshire West, and the detailed policies of the Chester Local Plan Local Plan (Part Two) Plan (LP2). The National Planning Policy Framework (2024) is also a material consideration. National Planning Policy Framework constitutes guidance for local planning authorities and decision-takers both in drawing up plans and as a material consideration in the determination of planning applications. Paragraph 11 of The Framework advises that plans and decisions should

apply a presumption in favour of sustainable development. For decision making this means

approving development proposals that accord with an up-to-date development plan without delay unless the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed.

Principle of a new dwelling

With the proposal representing a new rural dwelling within the open countryside (albeit temporary) consideration needs to be given to policy DM19 of the LP2. DM19 includes several exceptions to residential development in such a location and includes an essential rural worker dwelling in line with Policy DM25. Policy DM25 of the LP2 states that proposals for new permanent essential workers dwellings to support agricultural, forestry and rural land-based enterprises will be supported where a worker is required to live on site and where certain criteria are met (considered below). The criteria contained within Local Plan Part Two Policy DM25 is considered below. Information on the operation of the business, a business plan and supporting statement have been submitted with the application to help demonstrate the need for the proposed dwelling. there is a clearly established existing functional need for an additional worker to live permanently at the site;

Through the Design & Access Statement that accompanied the application we were able to show that applicants agricultural holding that covers an area of approximately 30 acres, and a further 5 acres of land are rented nearby. The need relates to a full-time worker, or their primary employment as a rural worker, and does not relate to a part-time requirement. The applicant would be responsible for the daily monitoring of the livestock, observation during lambing, and calving, preparations for shows and the daily tendering of the land. The agricultural supporting document that for the number of proposed animals on the enterprise and the number of working hours currently spent on the enterprise is approximately 65 hours per week, with approximately 38-45 of those spent on site. Taking into account the above, this enterprise requires 1 full - time worker.

The functional need could not be fulfilled by another existing dwelling on or near to the

site, or any other existing accommodation in the area which is suitable and available for

occupation by the worker(s) concerned There is currently not dwelling at the site. There is a touring caravan that had been used previously during lambing seasons for workers to rest between 2 hourly checks, however this has been damaged during storms and no longer viable for such use, or as a temporary residential dwelling. There are no other buildings on site available, accessible, or useable for the purposes of an essential workers dwelling.

The size and siting of the dwelling is commensurate with the established functional

requirement and well-related to existing buildings or other dwellings;

The caravans floor space would amount to approximately 46sq metres, which is an acceptable structure and size in accordance with the Rural Workers dwellings advice note.

Where new dwellings are approved on the basis that they are vital to the success of a

specific rural enterprise; provisions will be put in place to ensure that they remain available

for that purpose in perpetuity. The proposed dwelling would be for a temporary period to allow the business to become established and viable. A condition allowing the dwelling for a temporary time period would be placed on any permission as such it is not considered necessary to ensure that it remains available for a rural enterprise in perpetuity.

Therefore, taking into account the above it is considered that the proposal meets the requirements of policy DM19 and DM25 of the Local Plan Part 2.

Visual Amenity

Policy ENV 6 of the CWCLP1 promotes high quality design and sustainable construction. Among other things, the policy states that development should, where appropriate, respect local character and achieve a sense of place through appropriate layout and design. Policy DM 3 of the Cheshire West and Chester Local Plan Part Two (CWCLP2) sets out that new development will be expected to respect the prevailing layout, urban grain, landscape, density and mix of uses, scale and height, massing, appearance and materials. The new dwelling was proposed to be sited alongside existing buildings and partially shielded from wider public views by the surrounding existing built form, and vegetation along the boundaries. En-plan were able to demonstarte through architectural visualisation that the new dwelling would indeed have no impact and would belnd into the landscpae.

Access

Policy STRAT10 of the CWACLP1 requires new development to ensure that additional traffic can be accommodated safely and satisfactorily within the existing highway network and that adequate level of car parking is provided. T5 of the CWACLP2 states that in all development proposals there should be safe provision for access to and from the site will be made for the appropriate level of parking including appropriate provision for electric charging vehicles.

It is considered that any additional use generated by one dwelling would have a negligible impact upon the highway network. The site plan shows the use of existing agricultural access, and there is sufficient parking on hardstanding surrounding the existing buildings to accommodate any vehicles in connection with the dwellling and it is considered that the proposals would not result in any significant adverse impacts upon highway access and safety.

Residential Amenity

Policy SOC5 of the CWACLP (Part One) states that development that gives rise to significant

adverse impacts on health and quality of life (e.g. soil, noise, water, air or light pollution, and land instability, etc.) including residential amenity, will not be allowed. New development should not have a significantly detrimental effect on the amenities of people living nearby by reason of overshadowing, overlooking, visual impact, noise and disturbance, odour or in any other material way.

One neighbouring resident has raised concerns about overlooking from the temporary dwelling onto their property. Consideration has been given to the distance between the proposed temporary dwelling, the position of windows and boundary treatment. Through the provision of digital mapping En-Plan were able to pimpoint that there is existing solid boundary fence treatment approximately 1.80m high, between the boundary of the application site and the neighbouring property. The temporary dwelling is single storey only and would not overlook private amenity space.

CONCLUSION

The Council concluded that as a result of the total number of animals within the hers and related animal husbandry needs with specific regards to lambing, and calving and established functional need has been demonstrated to justify a temporary dwelling to serve the holding in order to establish the business. The proposal would provide economic benefit to the area in supporting an existing rural enterprise by providing a temporary dwelling that services the functional need of the business Whilst the proposed temporary dwelling would not be complementary to the overall rural character of the area, it would be for a limited temporary period ensuring that the visual amenity of this area is protected. We feel this application demonstrates our ability in rural planning matters and we are more than hapy to discuss any similar projects you have that we could assist on.