Agenda item

Retrospective planning for change of use of three areas of land for dog walking including associated benches/tables and shelters, change of use of an area as dog adventure park and change of use of existing outbuilding for dog day care and dog grooming service, and installation of septic tank.

The committee considered planning application P23/S2141/FUL for the retrospective planning for change of use of three areas of land for dog walking including associated benches/tables and shelters, change of use of an area as dog adventure park and change of use of existing outbuilding for dog day care and dog grooming service, and installation of septic tank., on land at Summer Cottage, Cane End.  

Consultations, representations, policy and guidance, and the site’s planning history were detailed in the officer’s report, which formed part of the agenda pack for the meeting. 

The planning officer introduced the report and highlighted that the application was brought to the committee due to the objection of Kidmore End Parish Council.

The planning officer informed the committee that the National Planning Policy Framework changes from 2023 had not affected the officer’s assessment of the application.

The application itself was retrospective and sought the change of use for an adventure park for dog walking, dog day-care, and grooming area. The planning officer considered that the impact on the National Landscape was acceptable and that the impact on neighbouring amenity was also acceptable subject to conditions relating to operating hours.

Overall, as the planning officer believe the application complied with the Local Plan, Neighbourhood Plan, and National Planning Policy Framework, it should be approved.

Andrew Harland spoke on behalf of Kidmore End Parish Council, objecting to the application. 

Simon Herbert, the applicant, spoke in support of the application. 

Camilla Skinner spoke objecting to the application. 

Councillor Peter Dragonetti, a local ward councillor, spoke objecting to the application. 

The committee noted that they were considering the application in front of them and that, if the application was approved, enforcement of the conditions would be a separate matter that would dealt with by the council’s enforcement team if necessary. Therefore, enforcement of conditions would not affect the committee’s deliberations.

On a question about if the dog operation would be acceptable in the National Landscape, the planning officer confirmed that they would be as they were considered land-based businesses and there were no additional buildings proposed.

Members inquired if the planning officer had given consideration and planning weight to the impact the application would have on the neighbours and he confirmed that he had given them considerable weight as that was a factor in why enforcement took action on the site previously. He also confirmed that he had spoken to the environmental health team about the noise and that they did not believe that there was statutory noise nuisance derived from the site or excessive aggression by the dogs.

On a question about the adequacy of the fencing, the planning officer confirmed that the fencing was appropriate and suggested a condition on approval of the application for the fence details to be submitted and to make sure that they are maintained. In addition, in response to a question about traffic and access, the planning officer did not believe that a traffic management plan was necessary as the local highway’s authority had no objection to the application.

Overall, the committee were satisfied with the officer’s report and the suggested conditions attached to the approval. As the site would be used as a rural land-based activity, it would also be acceptable in the National Landscape. Members also suggested that the applicant note the concerns of neighbours and work proactively with those who were concerned. Ultimately, as there were no material planning reasons to refuse the application, the committee agreed that the application should be approved subject to conditions.

A motion, moved and seconded, to approve the application was carried on being put to the vote. 

RESOLVED: to approve planning application P23/S2141/FUL, subject to the following conditions:

1. That the development hereby approved shall be carried out in accordance with the details shown on the following approved plan – Proposed (retrospective) Site Plan - 7075/2/ Rev B received 14/11/2023.

2. Within 3 months of the date of this permission, a detailed biodiversity enhancement plan (BEP) shall be submitted and approved in writing by the local planning authority. The BEP shall include the following:

30 year (minimum) woodland management plan, including detailed annual work schedule, to improve the ecological condition of woodland habitats present onsite. Full details (including specification, position, height, orientation, etc) of a scheme of faunal enhancements (e.g., bat boxes, bird boxes, hibernacula, log piles) to be provided onsite and timelines for implementation. Full details (including planting plans) for the reinstatement and future management of the onsite pond, to ensure that it holds water year round.

Thereafter, the BEP shall be implemented in accordance with the approved details. Within one year of the date of this permission, this condition shall be discharged through the receipt of a letter from the project ecologist confirming that relevant actions have been implemented on site as part of the approved BEP.

Reason: To ensure there is no net loss of biodiversity, in accordance with Policies ENV2 and ENV3 of the South Oxfordshire Local Plan 2035.

3. The tree protection details as shown on the approved Tree Plan (ref: 7075-3-A) produced by Groom Design Ltd shall be undertaken within 2 months of the date of this permission and shall retained in situ until the newly planted trees are of adequate size so as not to need further protection.

Reason: To safeguard trees which are visually important in accordance with Policies ENV1, DES1, and DES2 of the South Oxfordshire Local Plan 2035.

4. The details of a hedge that is required to be planted along the north east boundary of the land shall be submitted in writing to the Local Planning Authority (LPA) within three months of the date of this permission for approval by the LPA. The hedge so approved shall be planted within three months of the date of approval by the LPA. Such hedge shall be so tended as to grow to and remain at a height of not less than 2m metres, and any plant which may die or be seriously damaged or destroyed within 5 years of the completion of the development shall be replaced and the replacement shall be properly maintained.

Reason: To help to assimilate the development into its surroundings in accordance with Policies ENV1, DES1 and DES2 of the South Oxfordshire Local Plan 2035.

5. The hours of operation for the development will be restricted as

follows:

Dog walking areas known as Oak Park, Chapel Woods and Wallaby Woods as shown on Site Plan - 7075/2/ Rev B received 14/11/2023 - hours of operation for the months of March - August: 0700 - 2000 hours and for the months of September - February: 0800 - 1600 hours. Adventure Park, Day Care and Dog Grooming services - 0730 - 1830 hours, Monday to Friday and from 0800 - 1300 hours on Saturday. (No activity to take place on Sundays or Public Holidays without the prior written authority of the Local Planning Authority.

Reason: To ensure that the development is not unneighbourly in accordance with Policy DES6 of the South Oxfordshire Local Plan 2035.

6. The details of any external lighting to be installed on the site should be submitted to and approved in writing by the Local Planning Authority. These shall include location of the external lights and product specification.

Reason: To protect the appearance of the area, the environment and wildlife, and local residents from light pollution in accordance with Policies ENV1, ENV2, ENV3 and ENV12 of the South Oxfordshire Local Plan 2035.

7. Details of a fence at a height of 2m metres along the northeast and southeast boundary of the land shall be submitted to and approved in writing by the Local Planning Authority (LPA) within three months of the date of this permission. The fence as approved shall be erected within three months of approval by the LPA and thereafter retained without alteration, unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of the visual appearance and neighbouring amenity of the development in accordance with Policies DES1, DES2 and DES6 of the South Oxfordshire Local Plan 2035.