Farm park condition changes at Attwell Farm Park, Seafield Lane, Portway

What was proposed

The application sought changes to four conditions covering overspill parking, external lighting, biodiversity and opening hours until 9pm.

“Planning Authority and shall be subsequently managed and maintained in accordance with the approved specification and scheme. Reason: To ensure a net gain in biodiversity and ecology is achieved Proposed Conditions 2 and 6 The application proposes that conditions 2 and 6 be varied to the following single condition: Enhancement of the site for biodiversity and ecology and hard and soft landscaping to be applied to the overspill parking area shall be carried out in accordance…”

“Existing Condition 5 5) There shall be no external lighting provided in connection with this development. Reason: To safeguard the rural character of the area. Proposed Condition 5 It is proposed to vary condition 5 as follows: Prior to the installation of any external lighting associated with the development hereby approved, a Lighting Assessment for the provision of wildlife-sensitive external lighting shall be submitted to and approved in writing by the Local Planning…”

Officer report

The site and surroundings

The farm park is in the Green Belt, accessed from Seafield Lane, with homes, footpaths, farms and a business site nearby.

“Background Planning permission 19/01544/FUL was originally granted by Planning Committee in 2020 for the: Continued use of land and farm buildings as a farm based Rural Educational and Interpretation Visitor Centre with associated facilities including visitor parking, the retention of outdoor play equipment, toilet blocks, animal enclosures, shelters and fencing, the wall filling the formerly open sided elevation of the southernmost building, pedestrian link between the…”

“Adjacent to the overspill car park is Seafield Lodge which is accessed from Cherry Pit Lane. Heath Green Farm is located adjacent to the site to the west and accessed off Carpenters Hill. Oaklands International is located opposite the site on Seafield Lane. Seafield Pedigree Ltd trading as Attwell Farm is a livestock and grass farm extending to 81 hectares which is owned and run by the Attwell family and as part of its farm diversification scheme has Attwell Farm Park.”

Officer report

What officers recommended

Officers recommended permission because highway, noise, lighting, animal welfare and other concerns could be addressed through conditions.

“Many of the objections express concern about noise. Beoley Residents Association has submitted its own acoustic representation letter objecting to the application and criticising that the original Noise Assessment as inadequate and referred to WRS comments identifying deficiencies in the original submission. Subsequently, additional information was provided by the applicant in an Addendum and the Noise Assessment and Noise Management Plan draft were updated.”

“Planning permission was granted originally in 2020 for the use and its associated facilities. There are no planning conditions restricting the use. It is recognised that there have been times that the site has opened outside of its approved opening hours and during those times has used lighting in breach of planning conditions and that this has resulted in a CPN, the requirements of which reflect planning conditions.”

Officer report

What residents said

Supporters cited SEND access and economic benefits; objectors cited noise, lighting, traffic, animal welfare, rural character and water concerns.

“Matters raised in objection: Residential amenity (Noise, light, health & wellbeing) • Negative impact on local residents is likely given experience of noise and lights from events held outside of existing opening hours • Previous evening noise/lighting resulted in Community Protection Notice (CPN) • Adverse impact on health and well being of residents - 50% increase in hours during the week and 33% increase at weekends • Noise nuisance – would be intrusive for existing…”

“Highway safety & Traffic • Increase in traffic on rural lanes and potential conflict with traffic from Oakland International site - concern for highway safety of vehicles/pedestrians/cyclists/ animals • Nearby field has been used for additional parking.”

Officer report

Who spoke

A representative of Heath Green Farm and a parish councillor spoke against the application, while the planning agent spoke in support.

What members discussed

Members considered lighting controls, resident amenity and whether opening until 9pm every day was necessary for visitors and the business.

“During the debate It was explored by Members if it was possible to require that the applicant consult with their neighbours before submitting any lighting plans. Officers advised that it was not reasonable to require the applicant to consult with residents and therefore it would not meet the “reasonable” test that a Condition needed to comply with.”

“Members felt that the site did not necessarily need to open from 9am to 9pm each day and that to do so might affect the amenity of the local residents. Furthermore, permitting one of two days would still allow the business to accommodate SEN visitors and those wishing to visit during an evening. Officers advised that it was within the gift of Members to change the proposed opening times, however, they would need to provide sound planning reasons to do so.”

Minutes

The vote

Members rejected an amendment to allow extended hours on only one day each week, then voted on the substantive recommendation.

“Councillor R. Lambert proposed an Amendment the substantive recommendation to amend Condition 8 for only one day a week and retain the 9am to 5pm for the other days. The reasons given were to…”

“The Substantive Recommendation as detailed on page 81 of the public reports pack and was considered. On being put to the vote it was:”

Minutes

The decision

Full planning permission was granted, with delegated powers to agree the final wording and scope of the conditions.

“RESOLVED that Full planning permission be granted and that delegated powers be granted to the Assistant Director for Planning, Leisure and Culture Services to agree the final scope and detailed wording of the Conditions as outlined on pages 104 to 105 of the Public Reports pack.”

Minutes