Decision details

The Committee considered an application which sought retrospective planning permission for the change of use of previous horticulture land in connection with Sutton Green Garden Centre in the Green Belt to an outdoor activity centre (D2 Use Class) with ancillary structures. 

The advice from Officers was that the Committee could only approve the application should they consider there to be very special circumstances. The Committee were provided with paragraph 90 under the National Planning Policy Framework for reference which detailed the certain forms of development which were not considered inappropriate in the Green Belt so long as they preserved the openness of the Green Belt.

Some Members noted that the development was an outdoor recreational site and considered that the NPPF encouraged the extension of this provision. They considered that this should not be viewed as development within the Green Belt, but a change of land use, which unfortunately there was not yet a provision to re-classify land use within the Green Belt. The Planning Officers were sympathetic to the view but re-iterated the forms of development that were considered acceptable under NPPF paragraph 90.

Regarding the appropriateness of the access to the site, the Planning Officer confirmed that the applicant had not provided any evidence to support that this access was legal and safe. There had also been no evidence provided to demonstrate that there was a public footpath. Following discussion Chris Dale, Development Manager, confirmed that land ownership of itself was not a material planning consideration, however this must be considered when taking into account access to a site.

Some Members appreciated the value of the site, however they did not think there were exceptional circumstances to support approval of the application.

Councillor L Morales proposed and it was duly seconded to refer the application to the secretary of state with a recommendation to approve due to exceptional circumstances planning positively for the exceptional use of the Green Belt. Peter Bryant clarified that in the event the committee was minded to approve this application due to very special circumstances, this was not one of the categories that needed to be referred to the Secretary of State.

In accordance with Standing Order 22.2, the Chairman deemed that a division should be taken on the motion above.  The votes for and against approval of the application were recorded as follows.

In favour:                           Cllrs T Aziz, I Eastwood and L Morales,

                                 TOTAL:  3

Against:                              Cllrs S Ashall, N Martin and M A Whitehand.

                                 TOTAL:  3

Present but not voting:      Cllrs A Boote, G Chrystie and G Cundy (Chairman).

                                 TOTAL:  3

The application was therefore not approved.

The original recommendation before the committee was that the application should be refused with enforcement action following.

In accordance with Standing Order 22.2,the Chairman deemed that a division should be taken on the motion above.  The votes for and against refusal of the application were recorded as follows.

In favour:                           Cllrs S Ashall, G Chrystie, N Martin and M A Whitehand.

                                 TOTAL:  4

Against:                              Cllrs. T Aziz, I Eastwood and L Morales,

                                 TOTAL:  3

Present but not voting:      Cllrs A Boote and G Cundy (Chairman).

                                 TOTAL:  2

The application was therefore refused.

RESOLVED

That planning permission be refused and authorise formal enforcement proceedings.