Report Item 1-19/00512 FULL – Linford Park Nursing Home, Linford Road, Linford, Ringwood BH24 3HX

1. REASON FOR COMMITTEE CONSIDERATION

Contrary to Parish Council view

2. DEVELOPMENT PLAN DESIGNATION

• Conservation Area
• Flood Zone

3. PRINCIPAL DEVELOPMENT PLAN POLICIES

• DP2 General development principles
• SP7 Landscape character
• SP17 Local distinctiveness
• SP16 The historic and built environment
• DP45 Extensions to non-residential buildings and uses

4. SUPPLEMENTARY PLANNING GUIDANCE

Not applicable

5. NATIONAL PLANNING POLICY FRAMEWORK

• Sec 12 - Achieving well-designed places
• Sec 15 - Conserving and enhancing the natural environment
• Sec 16 - Conserving and enhancing the historic environment

6. MEMBER COMMENTS

None received

7. PARISH COUNCIL COMMENTS

Ellingham, Harbridge & Ibsley Parish Council: Recommend refusal, for the reasons listed below:

• Bund materials & construction are inadequate for the 3-year life implied in the application.
• Lack of suitability and security of the bladders and bunds (and sewage treatment plant) to ensure that the quality of the natural environment is not compromised, especially given the proximity to the water course and multiple SSSIs.
• No options have been proposed for a permanent solution that the applicant will work towards over the next 3 years.
• Bund B1 nearest the track is not appropriately situated to become a longer term water storage for access by fire service
• Continued encroachment of use of main building on agricultural land
• Concern with regard inaccuracies within the submission

[The comments can be viewed in full via the National Park Authority's website]

8. CONSULTEES

9. REPRESENTATIONS

10. RELEVANT HISTORY

1. Retention and completion of access track (19/00058) refused on 17 April 2019
2. New dwelling to provide managers accommodation (18/01002) refused on 11 March 2019
3. 2no. new dwellings to provide staff accommodation with undercroft parking, new access and footpath (18/00435) refused on 01 October 2018
4. Addition of cladding and render to nursing home and accommodation/catering block; alterations to fenestration (17/00321) granted on 27 June 2017
5. Application to vary condition 2 of planning permission 84/27216 to allow use as Residential Centre for treatment/rehabilitation of people subject to alcohol/drug misuse within class C2 of the Town and Country Planning Use Classes Order 2010 (13/98490) withdrawn on 07 June 2013
6. Change of Use of land to use as a nursing home & creation of 49 self-contained units of sheltered accommodation (01/72225) refused on 30 April 2002
7. Add 2 fire escapes & conservatories to ground & first floors (NFDC/93/51647) granted on 19 April 1993
8. Erect 6 detached dwellings (demolish extg sanatorium bldgs) (NFDC/91/46980) refused on 10 April 1991
9. Erect 6 detached dwellings (demolish extg sanatorium bldgs) refused 09 January 1991
10. Construct new access road and provision of car park (NFDC/89/42938) granted on 17 October 1989
11. Change of use to elderly persons nursing home (NFDC/84/27216) granted on 07 October 1985

11. ASSESSMENT

11.1 The application site of Linford Park (now known as St Martha's) is located to the north western side of Linford Road, within the Western Escarpment Conservation Area. The main building, which has a lawful C2 use (elderly persons nursing home), is located within the northern section of the site which is elevated from Linford Road; as such, the site slopes north to south. The site comprises a total of approximately 10 hectares, which includes agricultural land and woodland, and is surrounded by parcels of other agricultural land. The New Forest SSSI adjoins the southern boundary. The main access track adjoins Linford Road, and runs north-south within the western section of the site.

11.2 This application seeks temporary planning permission, for a period of three years, for the retention of two bladder tanks and bunds to enable the storage of water discharged from the existing Klargester sewage treatment plant. The proposal is required due to updated regulations, meaning that the Environment Agency will not grant the applicant a licence to discharge into the Linbrook, which was how the drainage of the site had previously been managed. The bunds are sited within an area of agricultural land adjacent to the southern site boundary, and specifically, adjacent to the western boundary, which adjoins the main access to the building, and adjacent to the eastern site boundary which adjoins woodland. The bladder tanks are accessed by an existing track, which has previously been refused planning permission (see 19/00058), but is now the subject of application reference 19/00618 for an amended scheme (item 3). This application also seeks permission for the retention of the 1.2-metre high post and rail fence which encloses the bunds.

11.3 A further planning application (19/00787) has recently been submitted for a permanent solution to the drainage at the site, by connecting to the mains which is located approximately 1.2 kilometres to the west, close to Poulner Baptist Church.

11.4 The main considerations for this temporary installation relate to:

• The encroachment of a C2 use onto agricultural land (and therefore the principle of the development);
• The impact upon the visual amenity, character and appearance of the conservation area;
• The impact upon the natural environment; and
• The impact upon neighbouring amenity.

11.5 The bladder tanks and bunds are located on agricultural land. Whilst at the time of the site visit the land was not actively being used for the purposes of agriculture, the land is separate from the operational area of the Linford Park building (contained within the northernmost section of the site), and is therefore considered agricultural in its use and character; this is not disputed by the applicant. Condition 5 of the consent for the use of the building for C2 purposes (NFDC/84/27216) specifically states:

'The use of the open fields, since hatched brown on the submitted plan, shall be for grazing purposes only'

with the reason given that the

'site lies in open countryside where the policies of the local planning authority are not to allow the establishment of new dwellings or other urban development and to safeguard agricultural land'.

The reason also goes on to state that permission was granted solely because of the particular circumstances of the site, and that

'any ancillary facilities should be confined to those reasonably required to support this main use'.

Whilst it is not disputed by the Authority that the bunds are reasonably required to support the lawful C2 use of the site, they are nevertheless located within the area which was specifically protected from 'urban development' as part of the above condition and the original consent for the use of the site as C2. The bladder tanks and bunds, and the associated fencing, is therefore considered to be an extension and encroachment of the C2 use of the site into agricultural land.

11.6 This concern is shared by local residents, and the Landscape Officer has also raised an objection on the basis that the bladder tanks, bunds and fencing are harmful to the natural beauty of the National Park, as their temporary nature does not diminish the harmful impact of their presence within the landscape. Policy SP7 of the Local Plan sets out that 'Development proposals will be permitted if they conserve and enhance the character of the New Forest's landscapes and seascapes by demonstrating that...they are compatible with the distinct features and type of landscape in which the development is located...the design, layout, massing and scale of proposals conserve and enhance the existing landscape character and do not detract from the natural beauty of the National Park'. It is not disputed that the development is incongruous with the rural character of the area, and it could not be said that they either enhance or conserve the character of the landscape.

11.7 The bladder tanks are in place due to the requirements for managing and controlling the discharge of water from the Klargester sewage treatment plant set by the Environment Agency; without them, the discharge would be directed into the Linbrook; this is not considered appropriate by either the Environment Agency or the Authority. Concern has been raised in relation to the impact upon the natural environment should the bunds fail or be unable to be emptied, therefore overflowing into the Linbrook. The tank to the west of the site is located on the edge of Flood Zones 2 and 3, and the tank to the east is located adjacent. In terms of the vulnerability of the development and its siting within flood zones 2 and 3, National Planning Practice Guidance sets out that the proposal is compatible with this location. The sequential and exception tests are therefore not applicable. The Environment Agency considered that the development fell outside of their external consultation checklist, and therefore provided no comment on the application.

11.8 Concern has been raised in relation to the noise disturbance and odour caused when the bladder tanks are emptied. New Forest District Council's Environmental Health Team were consulted on the application and considered that the proposed number of vehicle movements would not significantly impact on the noise levels of the area, and therefore would not result in any significant adverse impact upon neighbouring amenity. The bladders/bunds in themselves do not generate any noise; whilst the movement of the vehicle used to empty the bladder tanks would be discernible, this would not be dissimilar to that of any other vehicle, including agricultural vehicles such as tractors, which use Linford Road.

11.9 Concern has been raised in relation to the impact upon highway safety as a result of the increased vehicle movements (5-6 per day). As Linford Road is unclassified, the proposal is subject to Standing Advice, however, verbal discussion has been had with Hampshire Highways, who advised that on the basis that Linford Road is unclassified and there would be no new access created, alongside the temporary (albeit two years) period, it was unlikely the development would result in any significantly adverse impact upon highway safety.

11.10 The trees located within and adjacent to the site are protected by virtue of their location within the Western Escarpment Conservation Area. The bladder tank to the east of the site is located adjacent to the boundary, and also adjacent to a line of trees. As the application is retrospective, any damage incurred to the trees thus far is unknown; as the application is for a temporary period, and therefore this bladder tank would be removed, the Tree Officer raised no objection, subject to the submission of arboricultural information detailing how the bladder tank and bund would be removed, as well as detail demonstrating how any harm which may have been caused would be mitigated. The bladder tank to the west of the site is not located within close proximity to any trees.

11.11 Whilst it is not disputed that the development undertaken thus far is out of keeping with the rural landscape, and whilst it is disappointing that a more appropriate comprehensive solution, either temporary or permanent, was not considered or implemented prior to the nursing home re-opening, therefore negating the need for the bladder tanks and bunds and in turn this application, weight must be given to the alternative situation, being one which could result in significant harm to the natural environment, as well as the closure of the site due to its inability to operate, albeit temporarily. It is also pertinent to note that an application for the permanent drainage solution has been received by the Authority and will be assessed on its own merits in due course. With regard to the temporary permission sought, being that of a three year period, based on the information provided by the planning agent and the aforementioned fact that an application for a permanent solution has been received, it is considered reasonable and necessary to reduce the temporary time period to that of two years in order to minimise the impact upon the visual and neighbouring amenity of the area. It is considered reasonable and necessary to condition that the land upon which the bladder tanks are situated be made good upon the cessation of their use, with landscape and biodiversity enhancements sought.

11.12 It is therefore recommended that a ‘one-off’ temporary planning permission is granted, for a period of two years, subject to conditions.

12. RECOMMENDATION

Grant Temporary Permission

Condition(s)

Location Plan