Change of use from agricultural to a 2 family gypsy site.

Change of use from agricultural to a 2 family gypsy site.

The Principal Planning Officer reported the receipt of a revised access plan.

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

In response to a comment made by a public speaker, Councillor Mrs. S.J. Robertson, the Local Ward Member, commented that a speed limit recently introduced in the vicinity of the site had taken three years to achieve and was not related to this proposal.

In response to a question, the Principal Planning Officer confirmed that a length of hedgerow would need to be removed in order to improve visibility at the access.

Councillor Mrs. Robertson noted the value of the site inspection that had been undertaken by the Sub-Committee.  She briefly explained the planning history of the site and commented that the local community, whilst generally supportive of gypsy families, had raised a number of important concerns about the application.  It was felt that there was not a safe and adequate means of access to the site and the proposal would have a detrimental impact on the adjacent Scout Hut.  She drew attention to the views of Burghill Parish Council with regard to the policy considerations.  Some concerns were expressed about the justification for the application given that the applicant had obtained a similar planning permission in Marden; claims about the costs of water connection at that site were disputed.

Councillor Mrs. Robertson proposed refusal of the application but suggested that if planning permission were granted the hedgerow should be translocated within the site in order to maintain the rural character of the area and the use should be restricted through a personal condition relating to the applicants only.  The grounds for refusal were: the development was outside the approved settlement boundary and did not meet the criteria as an exceptional case; highways safety; impact on the Scout Hut; impact on the hedgerow; and the proposal was contrary to the Burghill Parish Plan.

The Principal Planning Officer clarified the recent planning history of the site.  He advised that recommended condition 3 could be amended to include the translocation of the hedge.

Councillor R.I. Matthews noted the concerns of the Burghill Scout and Guide Group and Burghill Parish Council, particularly in relation to highways safety and amenity issues, and felt that there were grounds for refusal.

The Central Team Leader commented that this proposal provided the opportunity to improve the existing substandard access.

Councillor A.C.R. Chappell felt it regrettable that this was a retrospective application but did not feel that there were planning grounds to warrant refusal of the application.  He commented that the proposed access arrangements were similar to many along rural roads.  It was noted that the lack of availability of authorised pitches was a material consideration.

Councillor J.G.S. Guthrie commented that some local residents did not feel able to write to the Council about their concerns regarding this proposal.

In response to a question from Councillor Ms. A.M. Toon about the definition of gypsy, the Principal Planning Officer advised that sufficient evidence had been provided to substantiate the applicants’ gypsy status and, therefore, the proposal accorded with Policy H12 (Gypsies and Other Travellers).

Councillor P.J. Edwards noted the worth of the site inspection.  He concurred with the Local Ward Member that planning permission should be restricted to the applicants for their lifetime and felt that the number of caravans had to be controlled in order to protect the visual amenities of the area.  It was noted that some concerns had been expressed as to whether the proposal accorded with Policy H12, particularly with regard to local need.

A number of other Members commented on the lack of authorised pitches but felt that, given the concerns raised, the use of the site should be made personal to the applicant through a condition.

The Central Team Leader acknowledged Members’ concerns about landscaping and the need to maintain rural character of the area and agricultural appearance of the land.

A motion to refuse the application was lost.  The recommendation was then agreed subject to the additional conditions identified.  The Local Ward Member asked that she be kept informed of any further developments.

RESOLVED:

That planning permission be granted subject to the following conditions:

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: The nature of the development is such that it is only considered acceptable in this location having regard to the applicants special circumstances.

2.     This permission shall enure for the benefit of Mr and Mrs R. Jones and Miss Rosanne Jones 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 nature of the development is such that it is only considered acceptable in this location having regard to the applicants special circumstances.

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 the interests of highway safety.

4.     Within one month of the date of this permission, details of a scheme of landscaping which shall include translocation and replacement hedgerow planting behind the new access and visibility splay shall be submitted to and approved in writing by the local planning authority, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measurs for their protection in the course of development and any necessary tree surgery.  All proposed planting shall be clearly described with species, sizes and planting numbers.

Reason: In order to protect the visual amenities of the area.

5.     All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size 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 defects period.

Reason:  In order to protect the visual amenities of the area.

6.     Before any other works hereby approved are commenced, the construction of the vehicular access shall be carried out in accordance with a specification to be submitted to and approved in writing by the local planning authority, at a gradient not steeper than 1 in 12.

Reason: In the interests of highway safety.

7.     Prior to the use of the application site hereby approved the existing vehicular access onto the adjoining highway shall be permanently closed.  Details of the means of closure of this existing access shall be submitted to and approved in writing by the local planning authority prior to the commencement of work on the development hereby approved.

Reason: To ensure the safe and free flow of traffic using the adjoining highway.

8.     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: To protect the appearance of the locality.

Informatives:

1.      N19 - Avoidance of doubt.

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

[Note: In accordance with Constitution SO 5.10.2, Councillor P.J. Edwards wished it to be recorded that abstained from voting on this application.]