For:      Mr. James Smith & Mr. Jimmy Smith, The Birches Stables, Burghill, Hereford, HR4 7RU       

The application has been referred to the Committee because the Central Area Planning Sub-Committee was minded to refuse permission contrary to recommendation.

Ward: Burghill, Holmer & Lyde

The Central Area Planning Sub-Committee was mindful to refuse permission contrary to recommendation and the Council’s planning policies.  The Sub-Committee had noted the concerns of the objections from local residents and the Parish Council, was concerned at the perceived risk to the Scout Hut next door from antisocial behaviour, and mention was made as to the loss of trees. The Sub-Committee was of the opinion that there would be an unacceptable impact on the amenity of the locality and the countryside. Concerns were also expressed about the traffic on the road and the need to have an adequate access.

The Central Team Leader said that a further letter has been received from Herefordshire Travellers Support, which included a 30-signature petition in support of the application.

In accordance with the criteria for public speaking, Miss Reynolds spoke on behalf of Burghill Parish Council, Mr. Swancott spoke in objection to the application and Mr. Baines spoke in support of the application.

Councillor SJ Robertson, the Local Ward Member, made a number of comments on the application, including:

·          the need for appropriate small sites was recognised, particularly in view of ODPM Circular 01/2006 – Planning for Gypsy and Traveller Caravan Sites, but the impact on the local community had to be considered also;

·          the need for fairness and consistency was noted and attention was drawn to the fact that an application to vary condition no. 2 of planning consent DCCW2006/3153/F to allow sale of the property (if necessary) to another travelling family had been refused in December 2007 [DCCW2007/2057/F refers];

·          local residents had expressed concerns about conditions on previous planning permissions not being complied with, felt that the development was visually obtrusive and that the land should revert to agricultural use; and

·          based on the representations received and local knowledge, Councillor Robertson moved that planning permission be refused as it would have a detrimental impact on the amenities, settings and surroundings of the locality, particularly given the close proximity to the Scout Hut.  She also considered that it would have a detrimental impact on highway safety, especially if the site was used for mixed residential and business uses which could increase vehicle movements on a stretch of road that already had problems with speeding traffic.

The Committee discussed the issues involved and the points that had been made in favour and against the application.  Councillor GFM Dawe commented on the need for objectivity, noted that none of the trees that had been removed were protected, and reminded the Committee that the applicants were not responsible for any of the issues arising from the previous occupation of the site.  He said that the application needed to be viewed purely on its own merits and that it complied fully with Government guidelines and planning policies.  Councillor RI Matthews said that Burghill Parish Council had supported travellers elsewhere in the parish but felt that this site was too close to the Scout Hut and residential properties.  He also felt that activities on the site could have an impact on the adjoining copse.  He concurred with the Local Ward Member that the development would have a detrimental impact on the area and on highway safety.  Councillor WLS Bowen commented on the planning history and felt that there would be adequate planning conditions in place to meet the objections which had been raised.  He recognised the concerns of the Local Ward Member but noted the difficulties faced by Gypsies and Travellers and felt that this development was acceptable having regard to the policy considerations detailed in the report.  Councillor PM Morgan felt that the application was identical to the previous one which had been approved and that it was therefore difficult to refuse.  She was however concerned at the access issues and felt that it was important for the required improvements to be made as a matter of urgency.  The Central Team Leader said that this was covered by the appropriate conditions which required the matter to be addressed within a period of one month.  Councillor KG Grumbley shared the concerned of others about the principle of the application being made retrospectively and whether there was a genuine provision for travellers or whether this and other sites constituted a form of land speculation.  He was also of the view that such applications created a considerable amount of local controversy because the planning considerations for travellers were different than those for other residential or business applications.  

In response to comments and questions, the Central Team Leader advised that:

§          it was understood that the Scout Hut was a well-used facility by local community groups;

§          a study in 2006 had revealed that 22 pitches were required in Herefordshire and another study in 2007 had provided evidence of demand for additional sites;

§          the proposal met the criteria of Policy H12 as an exception site as it was adjacent to an identified main village, was small in scale, was well screened and there were adequate levels of amenity and play space for children within the site; and

§          although some trees had been removed, no permission was required and there was still substantial tree coverage.

He added that planning permission could be granted on a personal basis to the applicants to enable the authority to retain effective control of the site.  In response to further comments about the previously refused application and land ownership issues, he explained the reasons for refusal in relation to planning application DCCW2007/2057/F. He and the Development Control Manager reiterated that the application aligned with planning policies and government guidance.

Having discussed all the aspects of the application, the Committee decided that the views of the Sub-Committee could not be supported and that it should be granted but noted that it was important for the access issues to be addressed by the applicants within the prescribed timescale.

RESOLVED

That planning permission be granted subject to the following conditions in consultation with the Chairman and the Local Ward Councillor:

1.      No more than two mobile homes and one touring caravan shall be stationed on the land at any time.  No other structure apart from those existing on the site at the time of the application, including those permitted by the caravan site licence shall be erected without the approval of the local planning authority.

         Reason: In the interest of highway safety and to conform with the requirements of Policy DR3 of the Herefordshire Unitary Development Plan.

2.      This permission shall endure for the benefit of Mr James and Mr Jimmy Smith and not for the benefit of the land or any other persons interested in the land.  On cessation of their occupation the land shall revert to agricultural use.

         Reason: The local planning authority wish to control the specific use of the land in the interest of local amenity and to comply with Policies DR2 and H12 of the Herefordshire Unitary Development Plan.

3.   Notwithstanding the submitted plans and within one month of the date of this permission a new vehicle access shall be constructed providing visibility splays of 2 metres x 60 metres in each direction and any entrance gates set back 5 metres, full details of which shall be submitted for approval in writing of the local planning authority, and the access shall be constructed in accordance with the approved details and retained in perpetuity.

         Reason: In order to maintain the visual amenities of the area and to conform with Policy LA6 of the Herefordshire Unitary Development Plan.

4.      G11 (Landscaping scheme – implementation).

         Reason: In order to maintain the visual amenities of the area and to comply with Policy LA6 of Herefordshire Unitary Development Plan.

5.      H08 (Access closure).

         Reason: To ensure the safe and free flow of traffic using the adjoining County highway and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan

6.      H06 (Vehicular access construction).

         Reason: In the interests of highway safety and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan

7.      No goods, plant, material or machinery shall be deposited or stored outside the buildings on the land hereby permitted unless otherwise agreed in writing with the local planning authority.

         Reason: In order to maintain the visual amenities of the area and to comply with Policy LA6 of Herefordshire Unitary Development Plan.

Informatives:

1.      N19 - Avoidance of doubt - Approved Plans.

2.      N15 - Reason(s) for the Grant of PP/LBC/CAC.