Proposed two additional mobile homes, two touring caravans and the construction of a day room, associated hard standing drainage and re - aligned access track. 

The application was approved in accordance with the Case Officer’s recommendation.

(Proposed two additional mobile homes, two touring caravans and the construction of a day room, associated hard standing drainage and re - aligned access track.) 

 

(Councillor Guthrie fulfilled the role of local ward member and accordingly had no vote on this application.)

 

The Senior Planning Officer gave a presentation on the application, and updates/additional representations received following the publication of the agenda were provided in the update sheet, as appended to these Minutes.

 

In accordance with the criteria for public speaking, Mrs A Sutton, Clerk to Marden Parish Council spoke in opposition to the Scheme.  Mrs H Hamilton spoke in objection on behalf of The Vauld Community Group.  Mr P Baines of Herefordshire Travellers Support Group, spoke in support.

 

In accordance with the Council’s Constitution, the local ward member, Councillor KS Guthrie, spoke on the application.

 

She made the following principal comments:

 

·        She had received many representations from local residents and Marden Parish Council had made comprehensive objections to the proposal.

·        The proposal represented quite an extensive expansion of the site, which was in the open countryside and set apart from the main village of Marden.

·        The site was outside the settlement boundary in the Neighbourhood Development Plan.

·        The national planning policy for traveller sites stated that planning authorities should ensure that the scale of such sites did not dominate the nearest settled community.  Local planning authorities should very strictly limit new traveller site development in open countryside that was away from existing settlements or outside areas allocated in the development plan.

·        The current permission allowed one touring caravan on the site.  However, two had frequently been observed in breach of conditions.  If the application was approved there was little confidence that there would be compliance with the conditions and that they would be enforced.

·        The proposal was contrary to policy RA3 because the site was outside the settlement boundary.

·        It was contrary to policy M2 of the NDP which sought to protect the rural integrity of hamlets within the parish and protect the rural landscape. 

·        Sustainability was an issue in that the site was 1.5km from Bodenham and 2.5km from Marden.  The C1125 off which the site was accessed was subject to speeding traffic and there had been accidents on the road.  Highway safety was therefore a concern.  There were no pavements.  There was not therefore reasonable access to services and facilities.

·        A possible extension to the site could have been submitted to the Call for Sites process undertaken for Herefordshire Council's Travellers' Sites Document Preferred Options consultation, or indeed to the Call for Sites for development for the Marden NDP.  No such submission had been made.

·        She supported the Parish Council’s conclusion set out at the end of section 5.1 on page 29 of the agenda papers, that there was not “a demonstrated need for additional pitches at this site, located in open countryside, and a significant distance from services and facilities. For this reason, the application is considered to be unsustainable and contrary to Policies RA3 and H4 of the Herefordshire Core Strategy, the NPPF and Marden NDP.”

In the Committee’s discussion of the application the following principal points were made:

·        The Parish Council objected to the proposal which was contrary to the NDP.

·        The site was a lawful site.  The proposal would permit the family to care for the wellbeing of another family member.

·        The original application had been granted to meet the needs of a specific family.  The need for an expansion and of the scale proposed was questioned.

·        Policy RA3 restricting development in the open countryside did contain an exception for sites providing for the needs of gypsies or other travellers in accordance with Policy H4.  The proposal, if a new site was being established, would appear to be contrary to H4.

·        It was questioned how the temporary cessation of travel was monitored and how the condition limiting the retention of one static caravan for the duration of a specific individual’s occupation of the site would be enforced.

·        There were a complex set of circumstances to consider and the local planning authority had to be seen to be acting fairly to the community as a whole.

The Senior Planning Officer confirmed that policy RA3 restricting development in the open countryside contained an exception for sites providing for the needs of gypsies or other travellers in accordance with Policy H4.  The 2005 planning permission had authorised a change of use from agricultural to a one family gypsy caravan site, the use of which was governed by conditions.  She noted that, as at paragraph 4.8 of the report, the council’s Gypsy and Traveller Accommodation Assessment recognised that not all traveller families wanted to live on local authority sites and recommended that the council should continue to consider applications for appropriate small sites to address the needs of local gypsy and traveller families. She outlined the policy relating to temporary cessation of travel.  The enforcement team would monitor the condition limiting the retention of one static caravan for the duration of a specific individual’s occupation of the site.  In relation to boundary treatments no additional fencing was proposed but there would be supplementary hedgerow and additional tree planting.

 

The local ward member was given the opportunity to close the debate.  She acknowledged the wish for the family to care for another family member but the key consideration was whether the scale of the proposal was appropriate for the remote and rural location.

 

Councillor Norman proposed and Councillor Hardwick seconded a motion that the application be approved in accordance with the printed recommendation. The motion was carried on the Chairman’s casting vote there having been 5 votes in favour, 5 against and 3 abstentions.

 

RESOLVED: That planning permission be granted subject to the following conditions:

 

1.         A01 Time limit for commencement (full permission)

 

2.         The development hereby approved shall be carried out strictly in accordance with the amended approved plans received on 4th December 2017 (O/S site Plan (scale 1:2500, Additional planting and soakaway (surface water) plan and Proposed day room (revised)) except where otherwise stipulated by conditions attached to this permission.

 

            Reason: To ensure the development is carried out in accordance with the approved plans and to comply with the requirements of Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

3.         Prior to the construction of the day room details (or samples) of the materials and finishes to be use externally on walls and roofs shall be submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details.

 

            Reason: To ensure that the materials harmonise with the surroundings so as to ensure that the development complies with the requirements of Policies SD1 and LD1 of the Herefordshire Local Plan – Core Strategy, policies 3 and 10 of the Marden Neighbourhood Development Plan and the National Planning Policy Framework.

 

4.         The caravans and dayroom hereby approved shall not be occupied or used by any persons other than gypsies and travellers as defined in Annex 1 of Planning Policy for Traveller Sites (August 2015) or any other subsequently amended definition.

 

            Reason: To accord with the requirements of Policies RA3 and H4 of the Herefordshire Local Plan – Core Strategy and the Planning Policy for Traveller Sites (DCLG – August 2015).

 

5.         No more than 6 caravans, as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968 as amended (of which no more than 3 shall be a static caravan) shall be stationed on the site at any time.

 

            Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policies SD1 and LD1 of the Herefordshire Local Plan – Core Strategy, policies M3 and M10 of the Marden Neighbourhood Development Plan and the National Planning Policy Framework.

 

6.         No material change to the positioning of the static caravans on the site, or their replacement by other caravans, or their replacement by other caravans in a different location on the site, shall take place except in strict accordance with details, which shall have first been submitted to and approved in writing by the local planning authority.

 

            Reason:  To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policies SD1 and LD1 of the Herefordshire Local Plan – Core Strategy, policies M3 and M10 of the Marden Neighbourhood Development Plan and the National Planning Policy Framework.

 

7.         The applicant’s mother-in-law (name to be inserted) shall only be resident of the site whilst being a dependant relative of Mr and Mrs Smith and her occupation shall cease if at any time Mr and Mrs Smith permanently cease occupation of the site.

 

            Reason:  It would be contrary to Policy RA3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework to grant planning permission for caravans in this location except to meet the expressed personal circumstances of the applicant’s mother-in-law or for a gypsy or traveller.

 

8.         On cessation of the residential occupation of the site by the applicant’s mother-in-law (name to be inserted), the occupation of the static caravan marked ‘X’ on the approved site plan (received on 4th December 2017, scale: 1:500 and titled – Additional Planting + Soakaway (surface water) shall cease and that static caravan be permanently removed from site within three months.

 

            Reason:  It would be contrary to Policy RA3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework to grant planning permission for caravans in this location except to meet the expressed personal circumstances of the applicant’s mother-in-law or for a gypsy or traveller.

 

9.         With the exception of any site clearance and groundwork (excluding any works to retained features), no further development shall commence on site until a revised landscape design has been submitted to and approved in writing by the Local Planning Authority.

 

            The details submitted should include:

 

            Soft landscaping

 

a) A plan(s) showing details of all existing trees and hedges on the application site.  The plan should include, for each tree/hedge, the accurate position, species and canopy spread, together with an indication of which are to be retained and which are to be removed.

b) A plan(s) at a scale of 1:200 or 1:500 showing the layout of proposed native trees, orchard trees, native hedges and grass areas

c) A written specification clearly describing the species, sizes, densities and planting numbers and giving details of cultivation and other operations associated with plant and wild flower establishment.

d) A Landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas.

 

            Hard landscaping

 

a) The position, design and materials of all site enclosure (e.g. fences, walls)

b) Car parking layout and other vehicular and pedestrian areas

c) Hard surfacing materials

d) Minor structures (e.g. play equipment, lighting, refuse areas etc.)

 

The approved details shall be carried out concurrently with the development hereby permitted and shall be completed no later than the first planting season following the completion of the development. The landscaping shall be maintained for a period of 5 years.  During this time, any trees, shrubs or other plants which are removed, die or are seriously retarded shall be replaced during the next planting season with others of similar sizes and species unless the Local Planning Authority gives written consent to any variation.

 

If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5-year maintenance period. The hard landscaping shall be completed prior to the first occupation of the development hereby permitted.

 

Reason:  In order to maintain the visual amenities of the area and to conform with Policy LD1 of the Herefordshire Local Plan – Core Strategy, policies M3 and M10 of the Marden Neighbourhood Development Plan and the National Planning Policy Framework.

 

10.       Details of any external lighting proposed shall be submitted to and approved in writing by the local planning authority before being installed.  Development shall be carried out in accordance with the approved details and there shall be no other external illumination of the development, unless further details have first been submitted to and approved by the local planning authority.

 

            Reason: To safeguard local amenities and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy, policies M3 and M10 of the Marden Neighbourhood Development Plan and the National Planning Policy Framework.

 

11.       H03 Visibility splays

 

12.       H05 Access gates as per site plan drawing received on 4th December 2017 (scale: 1:500 and titled – Additional Planting + Soakaway (surface water)

 

13.       H06 Vehicular access construction

 

14.       H09 Driveway gradient

 

15.       With the exception of the alterations to the vehicular access as shown on the approved plans, no further development shall commence on site or additional caravans be brought onto the site until full details of the proposed additional or replacement foul water drainage arrangements (to include the manufacturer’s details of the private treatment plant, size and siting of soakaways and infiltration test results) have been submitted to and approved in writing by the local planning authority.  The approved scheme shall be implemented prior to either the first occupation of the caravans hereby approved or the first use of the dayroom, whichever occurs first.

 

            Reason: In order to ensure that satisfactory drainage arrangements are provided and to comply with Policies SD3, SD4, LD2 and LD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework; Habitat Regulations and NERC Act.

 

16.       Prior to the first occupation of the caravans or first use of the dayroom hereby approved a scheme for the provision of surface water drainage works shall be submitted to and approved in writing by the local planning authority.  The submitted details shall included:

 

•           Size and position of any new soakaways for surface water drainage

•           Number, size and siting of any rainwater butts

 

            The approved scheme shall be implemented before the first occupation/use of the additional caravans or dayroom to which they relate.

 

            Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal and to comply with Policy SD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

INFORMATIVES:

 

1.         The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against planning policy and any other material considerations, including any representations that have been received. It has subsequently determined to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

 

2.         The proposed caravan site may require a site licence issued by the Licensing section of the Council’s Environmental Health and Trading Standards Division.

 

3.         Discharge of final outfall through an appropriately sized soakaway-spreader field is required.  No direct discharge of any final outfall from the proposed treatment system to any swale, watercourse, stream or culvert is acceptable unless it can be clearly demonstrated that residual Phosphorous (phosphates) have been removed from the discharge water.