Permanent rural worker dwelling at Land south of West Kennett Farm, East Kennett

What was proposed

Permission was sought to retain the existing mobile home permanently as a rural worker dwelling, with no other building works proposed.

“PROPOSAL The application seeks full planning permission for the retention of the mobile home as a permanent rural worker’s dwelling. No other building works are proposed.”

Officer report

Site and surroundings

The site is open countryside within the North Wessex Downs National Landscape and Avebury World Heritage Site, surrounded by agricultural land.

“DEVELOPMENT SITE AND SURROUNDINGS The application concerns land accessed from byway EKEN2 which is located to the south of West Kennet and to the north-west of East Kennet. The byway can be accessed via Gunsite Road. The site is adjoined on all sides by agricultural land. It is considered to be open countryside.”

“The site and its surroundings lie within the North Wessex Downs National Landscape (NWDNL - formerly AONB) and the Avebury World Heritage Site (WHS).”

Officer report

Earlier permission

Temporary permission was granted in 2021 for the mobile home as a rural worker dwelling and for replacement stabling.

“Planning permission was granted in 2021 for the temporary siting of a mobile home to be occupied as a rural worker’s dwelling. The 2021 permission also permitted the replacement of an existing stables.”

“The mobile home is located close to the northern site boundary (shared with the byway) set approximately 20m to the west of the site access. The replacement stables are located immediately east of the site access also adjacent to the tree-lined northern site boundary.”

Officer report

Officer advice

Officers recommended approval because the equestrian business was viable, an ongoing on-site worker was needed, and significant planning harm was not identified.

“Evidence to justify the need for an equestrian (rural) worker dwelling must be robust and demonstrate that an essential need for an on-site worker exists or that no realistic opportunities for accommodation within nearby settlements exist and that the business is financially viable.”

“It is standard for a suitably worded condition to ensure the occupation of the dwelling remains for a rural worker (and their family/dependents), not necessarily tied to a business operation at a particular site. However, in this case, due to the highly sensitive nature of the site location a condition to tie the occupation of the dwelling to the operation of the business at the site is considered to be necessary and reasonable.”

Officer report

Consultation responses

The agricultural consultant supported the proposal, while the parish meeting objected; highways and rights of way officers raised no objection subject to conditions.

“Highways (Wiltshire Council) – No objection subject to conditions…”

“Rights of Way (Wiltshire Council) – No objection subject to conditions A condition should secure upgrading of the byway between the site and public highway.”

Officer report

Public objections

Objections concerned countryside and World Heritage Site harm, the byway, the business need, the dwelling’s history and possible future development.

“Objections have been summarised as follows:”

“- Setting a precedent for more residential development in open countryside that is also a World Heritage Site (WHS) and National Landscape (NL – formerly AONB); - Landscape harm to the NL and WHS; - Access is via a byway in poor condition used by the applicant and others for parking; - The business use does not justify a permanent dwelling; - No business use appears to be in operation; - The dwelling should have been removed after three years; - The dwelling was originally…”

Officer report

People who spoke

Two people spoke against the application, one on behalf of the parish meeting, and one spoke in support.

Committee discussion

Members considered local concerns, the successful business, the safeguards, the byway condition and whether the occupancy condition should be limited to equestrian workers.

“A further point was made about potentially removing “in agriculture” and “or in forestry” from Condition 4. The Development Manager Team Leader drew further reference to Condition 8 which related to the removal of the dwelling if the business ceased to exist and that there was still a need for a Condition to do with occupancy, in which Condition 4 was a standard Condition for this to ensure that the occupancy was only for rural workers.”

“A further discussion took place in relation to Condition 4, with it questioned as to whether the Condition in its proposed way was too wide, to which the Pl an ning Officer outlined that the Condition could be limited to include the occupancy only of an equestrian worker and that this would not cause prejudice. Ultimately, Condition 4 would be controlled by Condition 8, which would ensure that no buildings would be left if the business were to cease.”

Minutes

Decision and conditions

The committee granted permission and amended the occupancy condition so it applied to the equestrian business, with the dwelling removed if that business ceased.

“Within six months of the cessation of the equestrian business at the site, the dwelling (mobile home) hereby permitted, including any associated hard-surfacing and domestic paraphernalia shall be removed from the land and the land restored to grassland in accordance with a written scheme of site restoration that shall be submitted to and approved in writing by the local planning authority within three months of the cessation of the equestrian business use.”

“REASON: In the event the existing business use at the site ceases, the retention of the dwelling as a general occupation rural workers dwelling is not considered to be justified in this highly sensitive location and the building, associated works and paraphernalia should be carefully removed from the site in the interests of protecting the long-term heritage value of the Avebury World Heritage Site and the special landscape characteristics of the North Wessex Downs National…”

Minutes