For:      Ms A. Cleverly per Hereford Travellers Support, Trefoil, Brinsop, Herefordshire,  HR4 7AS

To consider an application which has been referred to the Committee because the Northern Area Planning Sub-Committee was mindful to refuse it contrary to recommendation. 

Ward: Mortimer

The Central Team Leader presented the report of the Head of Planning and Transportation.  He said that at its meeting on 24th September, 2008, the Northern Area Planning Sub Committee was mindful to refuse the application contrary to Council policy and officer advice.  He reported the receipt of a letter from the applicant’s agent which stated that no other person was living on the site, except for  occasional visitors, and the applicant had given assurances that a “party” which had been held there in August would not be repeated. The agent also referred to similar cases elsewhere in the country where “gypsy” status could be deemed to be a special circumstance when making a planning decision.  He also reported that aletter (e-mail) of objection had been received from J Fieldhouse, Pear Tree Farm. The grounds were that it would cause a nuisance (reference is made to a “rave” held in the summer to which many people were attracted and which caused noise disturbance), the site was unsanitary and unsightly and there was concern that more people would move onto it to the detriment of the village.  The Central Team Leader outlined the planning issues regarding the application and the need for such pitches within the County, at present there was a shortfall of some eighty-three pitches. He drew Members’ attention to a previous enforcement appeal for an adjoining site which had been allowed. He said that whilst the Committee should consider the application on its merits, the appeal was a material consideration.

In accordance with the criteria for public speaking, Mr Bailey spoke in objection to the application and Mr Baines, the applicant’s agent, spoke in support.

Councillor LO Barnett, the Local Ward member, said that the application would have been rejected if it had been for a house and she questioned the validity of a policy which allowed the siting of caravans in the open countryside.  She was of the view that there was a need for such pitches within the County but felt that the application site was in the wrong location and that it would have a detrimental effect upon the village and surrounding countryside.  She felt that such an application would be perfectly acceptable in the right location and pointed out successful sites which had been approved in Pencombe and in Aymestrey.  She added that the site in question benefited from one of the best views in Wigmore and that a more suitable location needed to be found.

The Chairman drew attention to paragraphs 6.2 and 6.7 of the report which clearly set out that the application fulfilled all the planning policy and legal requirements for approval.  Councillor KG Grumbley was of the view however that the Inspector had granted the original application as an exception to policy and that a stand could now be taken by refusing this application because of the adverse impact it would have on the local community and setting.  The Central Team Leader reiterated that in the absence of any suitable alternative sites, it would be difficult to defend a refusal given the planning policy issues involved and the previous approach of the Inspector. 

The Committee considered all the aspects of the application and the implications of the Councils planning policies regarding such sites.  Whilst noting the views of the Officers and the Inspector, it was felt that there were several issues involved with the application which could successfully support it being refused.  The Committee adjourned at 12:00 pm for the grounds for refusal to be prepared.  On reconvening at 12:10 pm the Committee wished to discuss certain issues regarding enforcement and it was therefore resolved that the press and public should be excluded from the meeting for the duration of those discussions.  At the conclusion of those discussions the press and public were readmitted to the meeting

RESOLVED THAT:

the application be refused for the following reasons:

(i)            having regard to Herefordshire Unitary Development Plan Policies H7 and H12 the proposal is considered to be unacceptable. The Local Planning Authority does not consider that the proposal is located within a reasonable distance of local services and facilities and does not constitute a small site.

(ii)          in the absence of appropriate foul drainage arrangements or water supply, the proposed development is considered to be contrary to Policies DR4 and CF2 of Herefordshire Unitary Development Plan