Introduction
1. This Memorandum of Understanding (MoU) has been jointly prepared by Dorset Council (DC) and Bournemouth Canine Association (BCA). Hereafter referred to as the parties.
2. This MoU relates to the examination of the Purbeck Local Plan (2018-2034). The local plan was submitted for examination in January 2019. Hearing sessions were held as part of the examination between July and October 2019. The Planning Inspector examining the local plan published a Post Hearing Note in March 2020. The Planning Inspector stated in her note that:
‘I am reasonably satisfied at this stage that with Main Modifications the Plan is likely to be capable of being found legally compliant and sound, my advice given and the comments made now are without prejudice to my final conclusions on the Plan.’
3. The Inspector’s note sets out a series of changes that she considered needed to be made to the local plan, and schedule of suggested Main Modifications (SD14), to make the local plan sound and legally compliant. After considering the Inspector’s note, representations made on the local plan and the matters raised during the hearing sessions the council prepared a schedule of proposed Main Modifications for consultation. The council also published updated assessments (including a Sustainability Appraisal and Habitats Regulations Assessment) and other supporting evidence (including an updated 5 year housing land supply and infrastructure delivery plan) with the proposed Main Modifications.
4. The consultation was held between November 2020 and January 2021. The council published copies of the responses made on the proposed Main Modifications and a consultation response document in May 2021. The council found merit in the representations relating to proposed Main Modifications to ‘Policy V2: Green Belt’ and its supporting text (proposed Main Modifications 6 and 7) and to ‘Policy I5: Morden Park strategic suitable alternative natural green space (SANG) and holiday park’ and its supporting text (proposed Main Modifications 76 and 77). In response to these matters the council has invited the Planning Inspector examining the local plan to consider further Main Modifications to these policies which would delete reference to release of Green Belt at Morden for a holiday park.
5. The council and Charborough Estate intended that the Morden holiday park would act as enabling development to support delivery of the strategic SANG. The council continues to support delivery of a strategic SANG at Morden independently of the proposed holiday park. It has started, but not concluded, discussions with the Charborough Estate on this matter. Given the uncertainty around the delivery of a strategic SANG at Morden the council has sought to investigate interim measures to mitigate the impacts of residential development on Dorset Heaths Special Area of Conservation (SAC), Dorset Heathland Special Protection Area and Ramsar and Dorset Heaths (Purbeck & Wareham) & Studland Dunes SAC (here after collectively referred to as Dorset heaths habitat sites).
6. This MoU relates to one of the interim measures which the parties will seek to deliver to mitigate the impacts of residential development during an interim period between April 2018 and March 2024.
Proposed interim mitigation measure
Location and description of the proposed interim mitigation measure
7. The site is positioned in northern Purbeck close to the A35. It is well related to the settlements of Upton, Lytchett Minster, Lytchett Matravers and Holton Heath. There is also good vehicular access to the site along the A35 from the western edge of Bournemouth, Christchurch and Poole conurbation. The site is defined as part of the South East Dorset Green Belt. The proposed interim mitigation measure comprises a heathland infrastructure project. Specifically, the parties will work together to explore the potential to enhance public access to existing agricultural land by creating a Suitable Alternative Natural Greenspace (SANG). Any SANG would include permissive walking routes, a car parking area for visitors and supporting infrastructure.
8. The plan in Appendix 1 identifies land owned by BCA where at Pikes Farm. (Referred to as ‘the site’ elsewhere in this MoU). The land is large enough to accommodate a SANG covering approximately 10ha. There is no existing public right of access to the land.
9. The site for the proposed SANG is positioned:
- within the South East Dorset Green Belt and
- to the east of Organford Manor Country Park Homes (a residential park home site) and
- to the north of Holton and Sandford Heaths and the west of Upton Heath (Dorset heath habitat site)
10. The site is not subject to significant flood risk from rivers or surface water.
11. The council has issued a lawful development certificate for 'Temporary change of use of agricultural land for dog show once a year.’ (6/2012/0446). The council issued the certificate on the basis that the proposed use would not exceed the permitted allowance for 'Temporary Buildings and Uses' in Part 4 of the Town and Country Planning (General Permitted Development) Order 1995 (as amended). The council also granted planning permission on 13 April 2012 to 'Form 3 tracks next to existing field entrances and level land (retrospective).' And on 17 May 2013 verified that its prior approval was not required to 'Erect agricultural barn for storage of hay & create new access road.' (APN/2013/0168).
12. The site continues to be used to host a dog show on an annual basis. Subject to appropriate management of the current temporary use and the proposed SANG, the parties consider that there is potential to change the use and character of the land so that it is more attractive to visitors who might otherwise visit Dorset heaths habitat sites in a manner which takes account of the constraints outlined above.
13. The parties have yet to agree the detailed design of the proposed SANG or the proportion of the site which could be made available for this use, but as a matter of principle the council is satisfied that there is potential for the site to act strategically in mitigating the impacts from residential development within the Purbeck area. The parties are satisfied that there is potential:
a) for the site to be accessed on foot by the occupiers of those park homes at Organford Manor Country Park Homes to the west
b) for a visitor car park to be delivered on the site
c) for a circular walk to be formed within the site which begins and finishes at a visitor car park (the length of the walk will be subject to detailed discussions around the design of the proposed SANG) and
d) to manage the proposed SANG in manner which complements the activities of the BCA (potentially including defined areas for secure dog training) and to give it a ‘wild/natural character’ which is likely to be attractive to visitors
Delivery
14. BCA own the site identified in Appendix 1. There are not other interests in the land or covenants which might restrict the use of the site as a SANG.
Matters agreed
15. The following matters have been agreed between the parties:
a) the site at Pikes Farm, Organford, identified in Appendix 1, is a suitable location for a SANG
b) BCA own the land identified in Appendix 1 and there are no legal restrictions that would prevent the SANG from being delivered
c) the parties have agreed to work together to deliver a SANG at Pikes Farm
d) that planning permission is required for use of the land as SANG
Matters to be agreed
16. The following matters are to be agreed between the parties:
a) the nature conservation value of the land at Pikes Farm, Organford [1]
b) The design of the proposed SANG including:
i. the position and size of the proposed car parking area
ii. the design, route, and length of the permissive paths across the proposed SANG
c) the detailed measures required to manage, monitor and maintain the proposed SANG
d) the cost of delivering, managing, monitoring and maintaining the proposed SANG in perpetuity
e) the financial contribution provided by the council to fund delivery, management, monitoring and maintenance of the proposed SANG in perpetuity
Declaration
Signed on behalf of: Bournemouth Canine Association
Chris Houlihan, 9 Sept 2021
Signed on behalf of: Dorset Council
Mike Garrity, Head of Planning, 9 Nov 2021
Appendix 1 – Map to show proposed SANG Pike’s Farm
Footnotes
[1] An ecological survey will need to be conducted on the site of the proposed SANG to determine its nature conservation value