Agenda item

Proposal Description: Constructing a fully enclosed dog walking paddock for commercial use by general public. This requires additional fencing of the area and the addition of an area of hardstanding for vehicle parking. The erection of an outbuilding for office in connection with the use (amended description)

The application was introduced, and members were referred to the update sheet which provided additional information regarding the following matters.

1. An amended plan had been received to clarify the layout of the dog park.

Condition 1 to be amended as follows:

01 The development hereby approved shall be carried out in accordance with the amended Site Location Plan submitted to the local planning authority on the 9th January 2023.

Reason: To ensure the avoidance of doubt and in the interests of proper planning.

2. The committee report refers to the ‘operational management plan’; however, it is titled ‘Noise Management Plan’ containing details of the management of the site.

3. Condition 2 had been amended in accordance to the hours suggested by the WCC EP/Animal welfare officer for Saturdays (08:00-17:00), and as defined within the Noise Management Plan. The condition will be amended to:

02 The development hereby approved must only operate within the following hours:

 a) 08:00 to 18:00 on weekdays

 b) 08:00 to 17:00 on Saturdays

 c) Not used on Sundays or Bank Holidays

Reason: To ensure the risk of noise disturbance for neighbours is managed and mitigated.

4. A new condition will be added to restrict the number of dogs allowed on the site at any given time:

09 Notwithstanding Section 3 of the Noise Management Plan submitted 10 Aug 2022, a maximum number of dogs allowed on the site at any given time is restricted to 6 dogs.

Reason: To ensure the risk of noise disturbance for neighbours is managed and mitigated.

5. A new condition will be added to prohibit any external lighting within the site:

10 No lighting, whether free-standing or affixed to a structure shall be installed on the site.

Reason: To protect the character and appearance of the countryside.

6. Finally, a new condition will be added to remove the erected outbuilding if the dog park business ceases:

11 If the use of the land for a dog park ceases, the approved shed is to be removed within 3 months from when the business and its activity is dissolved, and the land is to be restored to its former use.

Reason: To protect the amenities of the locality and to maintain a good quality environment.

During public participation, Councillor Jon Woodman, Swanmore Parish Council spoke against the application. Councillor Malcolm Wallace spoke as a ward member against the application and expressed several points on behalf of residents which could be summarised as follows:

1. That the proposal was sited too close to residents and would be a cause of excessive stress to them.
2. That the proposal amounted to commercial development in a rural area and that this was not appropriate in this location and had been refused previously.
3. That the proposal would have a negative impact on the local landscape.
4. That drainage was an issue, which a recent incident of flooding had demonstrated.
5. That the proposal would be contrary to Local Plan Policy, MTRA4 regarding the creation of inappropriate noise generation.
6. That there was concern over animal welfare as the proposal was very close to grazing horses

The Committee proceeded to ask questions and debate the application.

RESOLVED

The committee voted against the recommendation to grant planning permission and instead voted to refuse permission for the proposal. In reaching this decision they raised the following material planning matters which weighed in favour of refusing planning permission:

1.    That considering the location of the proposal, and the number of dwellings in the area, that:

a.    the proposal was in an unsuitable location which set it apart from other similar applications that had been approved.

b.    that the proposal was contrary to Local Plan policies MTRA 4 (Development in the Countryside), DM13 (Leisure and Recreation in the Countryside), and DM23 (Rural Character).

c.     that there was no operational need for this proposal at this location

d.    that the proposal would generate unacceptable amenity impacts in the local area, particularly concerning noise and disturbance, character and tranquillity

The details of which were to be delegated to Planning Delivery and Implementation Manager in liaison with the Chairperson to finalise.