Wednesday, 12 October 2011

the pony that is planning

Copied below is, apart from the names of people and properties deleted, the exact text of an email sent by a development control manager. Be my guest to decipher.

"Further to our telephone conversation and your email I attached extracts from the Committee report that cover the issue of origin and need relative to special control in respect of equestrian business user. I have spoken to <name of Head of service deleted> on the same matter (as he had attended a site visit with applicant and local Member) and he confirms the issue regarding emergent equestrian business user and the need for appropriate control. The equestrian elements, as described in submissions, in part comprise agriculture (grazing and stud functions), in part would comprise activity ancillary to residing at <name of premises> ( training/riding ones own horses personal eventing) but in part demonstrates emerging onsite business pursuits (one to one tuition of pupils). The highway authority has indicated concerns and that there is a need for control to preclude intensification of activity and the same view is held by the Local Planning Authority. As indicated on the telephone, I have been to see the legal section and the view is that this can only be realised by Section 106 Obligation. Your comment on Agreement versus Undertaking (in the light of the Committee report) is noted but as indicated verbally I see no impediment to the use of either mechanism and this is in accord with normal practice and delegation.

In respect of a potential Obligations document, I initially flag the following matters. I would if you so wish be happy to discuss matters/preparation further with you. As indicated, the legal section does operate a contributory charging policy but this is dependent upon the extent of involvement (but I would consider on the basis of a U/U drafted by yourself and requiring limited checking that the cost should not exceed £<sum deleted>).

  • Recitals to include (inter alia) reference to the planning application submission making reference to the use of the Property for equestrian business purposes comprising (see below) and the intention to continue with those activities at the Property and on the Development.
  • Definitions to include inter alia -the Property (in which regard I have some confusion about the sale of some of the land and whether your client seeks to establish a planning unit separate from <name of different property deleted>- perhaps this could be explained)- Equestrian Activity (covering stud and grazing horses and training for eventing of horses owned/used by the Owners plus carefully defined one to one tuition with nature/volume limitations).
  • The covenant itself to limit the business use of the Property to agriculture and “Equestrian Activity”. "

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