Change of use of land from agricultural to a one family traveller site with siting of 2 mobile homes and 2 touring caravans, shed and redesigned access.

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

The Development Manager (Enforcement) gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided in the update sheet. He also advised that following a discussion with the applicant it had been agreed that the sceptic tank on the site could be relocated to address the concerns raised at the site visit.

In accordance with the criteria for public speaking, Mrs Lewis, representing Ocle Pychard Parish Council, and Mr Calvert, speaking on behalf of some of the neighbouring residents, spoke in objection to the application.

Following the statements from the public speakers, the Locum Lawyer (Planning & Regulatory) advised Members that there was no evidence to support the concern expressed by the Parish Council   that the low level of objections to the Application was the result of possible reprisals. Members were therefore advised this comment was not a material planning consideration.

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillors A Seldon and JG Lester, the local ward members, commented on a number of issues, including:

·         Members had to decide whether the applicant’s circumstances outweighed the previous refusal of planning permission on the site.

·         Members had witnessed at first hand the access issues on the site at the recent site inspection.

·         The site was not suitable for any residential development.

·         Pleased that the issues regarding the sceptic tank had been resolved.

·         There was no evidence that the functional test in respect of traveler status had been met.

·         The allegation regarding local residents fearing reprisals was also contained in the agenda pack, it should not have been in the report if the public speakers were not permitted to raise it.

·         The application should therefore be refused on highway grounds, drainage, and also as the functional test had not been met.

Members discussed the application and noted that gypsy and traveller applications were generally sensitive and subject to objections from neighbouring residents. However it was noted that the site was well screened, that neither the Environment Agency or the Landscape Officer objected to the application and finally that the concerns in respect of the sceptic tank had been addressed.

Members went on to discuss the four key elements of the application, which were, in their opinion, flood risk, drainage, foul water drainage, and the access. It was noted that all of these elements had been addressed in the Officer’s report and by Members when they had visited the site.

In response to a number of points raised by the Committee, the Development Manager (Enforcement) advised that the gypsy assessment had been met and that the site was suitable for a gypsy site. He also added that the application was not for a personal permission for the applicants but for a gypsy site in general. He also added that the National Planning Policy Framework set out that alternative sites would be required for business usage.

Councillors A Seldon and JG Lester were given the opportunity to close the debate. They reiterated their opening remarks  ...  view the full minutes text for item 187

Change of use of land from agricultural to a one family traveller site with siting of 2 mobile homes and 2 touring caravans, shed and redesigned access.

The determination of the application was deferred pending a site inspection.

The Development Supervisor gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided in the update sheet.

In accordance with the criteria for public speaking, Mr Field, speaking on behalf of Ocle Pychard Parish Council, and Mr Calvert, a neighbouring resident both spoke in objection to the application.

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillors A Seldon and JG Lester, the local ward members, commented on a number of issues, including:

·         The crux of the application was whether the rights of travelling families outweighed previous planning decisions on the site.

·         The site was not suitable for any type of residential development due to flood risk and water drainage issues.

·         The local infrastructure could not support a settlement outside of the settlement boundary.

·         There were also highway concerns in respect of the site.

·         It would be difficult to impose and enforce a condition limiting the number of vehicles the family could have on the site.

Members were of the opinion that it would be difficult to make a judgement on visual impact and the drainage issues referred to by the local members without visiting the site. They therefore proposed a site inspection based on the criteria for holding a site inspection as set out in the Council’s constitution.

RESOLVED

THAT the determination of the application be deferred pending a site inspection on the following grounds:

1.         The character or appearance of the development itself is a fundamental planning consideration.

2.         The setting and surroundings are fundamental to the determination or to the conditions being considered, and cannot reasonably be made without visiting the site in question.