Emergency site access at Little Woodland Farm, (Workshop), Lyminge, Folkestone

The site and surroundings

The site is an industrial complex in open countryside within the Kent Downs National Landscape and North Downs Special Landscape Area, near homes and a bridleway.

“The application site is outside of the defined settlement boundary of Folkestone, approximately 0.5 miles to the west of the settlement boundary of Lyminge, so is within the open countryside in planning policy terms. The site is within the designated Kent Downs National Landscape (NL) and North Downs Special Landscape Area (SLA).”

“The site is part of a small industrial complex comprising a building used by Fuse Rail under use class E purposes, and a smaller building immediately to the north of this, formally a wood workshop (Class B2). The land falls from northwest to southeast and the western end of the site, which is currently open, is set into the hillside, with retaining structures terracing the sides.”

Officer report

Earlier permissions and history

The site has permissions for light industrial uses, while a later application for two commercial units was refused and a railway track application remained under consideration.

“Approved Y07/0966/SH Change of use and conversion of farm buildings to light industrial units (Class B1) together with external alterations. Approved with conditions…”

“22/1122/FH Retrospective Application for the creation of a test and training track (railway) to support internal training of fuse rail track staff competencies in a safe environment & permission to allow for the safety lighting presently in place to remain Under consideration…”

Officer report

What officers recommended

Officers recommended approval because up to twelve visits, light goods vehicles, incident records and lighting controls were considered sufficient to protect homes and landscape.

“Additionally, the type of vehicle is proposed to be controlled, limited to a Light Goods vehicle only, with a log required to be kept by the site operator of all out of hours visits, which would assist the Local Planning Authority in monitoring and controlling usage.”

“In this regard, neighbour concerns regarding possible light nuisance are noted and it is considered reasonable to include an additional condition to cover the operation of lighting at the site during the proposed out of hours visits. The suggested wording is as follows:”

Officer report

Consultation and objections

The parish council and ten neighbours objected, while highways and environmental health raised no objection subject to a condition.

“KCC Highways & Transportation: No objection.”

“Environmental Health: No objection subject to condition.”

Officer report

Who spoke

A local resident spoke against the application, a parish council representative spoke on it, and the agent spoke in support.

Committee decision

The committee first voted against the officer recommendation, then resolved to refuse permission because out-of-hours activity would harm homes and the national landscape.

“That planning permission be granted subject to the conditions set out at the end of the report and that delegated authority be given to the Chief Planning Officer to agree and finalise the wording of the conditions and add any other conditions that he considers necessary.”

“Resolved: That planning permission be refused on the grounds that the use of the site for the purposes set out in the application, and outside the hours specified by the planning permission, would give rise to noise and disturbance and light pollution, harmful to the residential amenity of the occupiers of nearby dwellings and to the special scenic character including the dark skies of the national landscape.”

Minutes