Response from Mr T Wilson , c/o Garner Planning Associates
1. Mr T Wilson , c/o Garner Planning Associates : 19 Dec 2017 11:43:00
Policy Reference
DM18 - Tourist accomodation
1.1 Do you consider the DM DPD to be legally compliant?
Yes
1.3 Do you consider the DM DPD to be sound?
No
1.4 If NO, please indicate the ground(s) on which you consider the DPD to be unsound.
The DPD is not justified
The DPD is not effective
The DPD is not consistent with national policy
1.5 Please give details of why you consider the DPD is not legally compliant or is unsound or fails to comply with the Duty to Cooperate. Please be as precise as possible.
If you wish to support the legal compliance or soundness of the DPD or its compliance with the Duty to Cooperate, please also use this box to set out your comments.
The policy relates to chalets and log cabins but the policy does not specifically refer to these in the text.
At bullet point 2 in relation to farm diversification schemes, applicants are required to demonstrate that the development makes an ongoing contribution to sustain the longer term future of the business that it is diversifying. The interpretation of such wording, by some, is that diversification is only acceptable where the business is failing and needs diversifying and diversification is not acceptable where an agricultural unit is a financially sound commercial operation.
Demonstrating tangible local economic benefits can be difficult and should not be a policy requirement.
With regard to the requirements of all proposals biodiversity assets should be protected or enhanced but not necessarily both.
1.6 Please set out what modification(s) you consider necessary to resolve your objection and make the DPD legally compliant or sound, having regard to the matter(s) you have identified above. (Please note that any non-compliance with the Duty to Cooperate is incapable of modification at examination). You will need to say why this modification will make the DPD legally compliant or sound. It will be helpful if you are able to put forward your suggested revised wording on any policy or text. Please be as precise as possible.
Add 'chalet, log cabin' after 'new static' in the first line;
- delete 'and it is demonstrated that the development makes an ongoing contribution to sustain the long term future of the business that is diversifying.'
- (f) should be 'protect or enhance'; and
- (h) should be deleted.
2.1 If your representation is seeking a modification, do you wish to participate at the oral part of the Examination?
No, I do not wish to participate at the oral examination
Please tick the box if you wish to be notified when the document is submitted, when recommendations are published and when the document is adopted.
Please notify me.