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 and made additional comments, including:

 

·         Could assurances be given that all conditions on the site would be enforced.

 

RESOLVED:

 

That planning permission be granted subject to the following conditions:

 

1.         The site shall not be occupied by any person other than gypsies and travellers as defined in DCLG Planning Policy for Travellers.

 

Reason:  To accord with the requirements of Policy H7(6) of the Herefordshire Unitary Development Plan.   

 

2.         The occupation of the pitches hereby permitted shall be restricted to the owner or tenant of the pitches, their partner, and immediate family defined as children and parents.

 

Reason: To accord with the requirements of Policy H7(6) of the Herefordshire Unitary Development Plan.

 

3.         The permission hereby approved is for no more than two pitches on the site for the permanent siting of no more than two static caravans and two touring caravans on the land. There shall be no more than 1 additional touring caravan on the site at any one time and for no longer than 14 consecutive days and no more than a maximum of 28 days in any calendar year.

 

Reason:  In order to define the terms of the permission and safeguard the amenity of neighbouring residents and the landscape character of the area in accordance with the requirements of Para 26(b) of the DCLG Planning Policy for Travellers.

 

4.         The use hereby permitted shall cease and all caravans, structures, equipment and materials brought onto the land for the purposes of such use shall be removed from the site within 2 calendar months of the date of failure to meet any of the requirements set out in i) and ii) below:

 

i) Within one calendar month of the date of this permission a plan shall be submitted defining an area or areas within which all caravans on the site, including visiting caravans, shall be located at all times.

 

ii) All caravans shall be sited in accordance with the approved details within 2 calendar months of the details being approved in writing by the Local Planning Authority. No caravans shall be located other than in accordance with the approved plan.

 

Reason: In order the define the terms of the permission and safeguard the amenity of neighbouring residents and the landscape character of the area in accordance with the requirements of Policies H13 and LA3 of the Herefordshire Unitary Development Plan.

 

5.         No shed shall be brought onto the site until details of its size, design, and location have been submitted to and agreed in writing with the Local Planning Authority. The shed shall be erected in accordance with the approved details and shall only be used for purposes ancillary to the occupation of the static caravans and for no other purpose.

 

Reason:  In order to define the terms of the permission and safeguard the amenity of neighbouring residents and the landscape character of the area in accordance with the requirements of Policies H13 and LA2 of the Herefordshire Unitary Development Plan.

 

6.         There shall be no more than six vehicles parked on the land at any one time.

 

Reason:  To safeguard the amenity of neighbouring residents and the landscape character of the area in accordance with the requirements of Policies H13 and LA2 of the Herefordshire Unitary Development Plan.

 

7.         The use hereby permitted shall cease and all caravans, structures, equipment and materials brought onto the land for the purposes of such use shall be removed from the site within 28 days of the date of failure to meet any of the requirements set out in (i) to (iii) below:

 

(i) Within one calendar month of the date of this permission details shall be submitted in writing of the size, position, and construction of the access, a turning area, the parking area shown on Drawing 1 received on 23 August 2011, and of the creation of a second porous hardstanding in the south-east corner of the site which is to be used for the parking of additional vehicles. The works shall be carried out in accordance with the approved details within 2 calendar months of the details being approved in writing by the Local Planning Authority. No vehicles shall be parked other than in accordance with these approved details.

 

(ii)Notwithstanding the submitted details the access into the site shall be constructed so that there is clear visibility from a point 0.6 metres above the level of the adjoining carriageway at the centre of the access 2.5 metres from and parallel to the nearest edge of the adjoining carriageway over the entire length of the site frontage. Nothing shall be planted, erected, and/or allowed to grow on the area of the land so formed which would obstruct the visibility described above.

 

(iii) Within one calendar month details of the species and specification for a hedge along the road frontage shall be submitted in writing to the Local Planning Authority. The hedge shall be planted in accordance with the approved details in the planting season following the date of this permission and shall be retained in perpetuity.

 

Reason: In the interests of highway safety, and to ensure the hedge is ecologically and environmentally rich and to ensure its permanent retention in the landscape, and to confirm with the requirements of Policies DR3 and LA6 of the Herefordshire Unitary Development Plan.

 

Reasons for approval:

 

1.         In making this decision, and noting that the development has been implemented, the Local Planning Authority concluded that there is a need for additional private traveller pitches within Herefordshire and that the site does not dominate the nearest settled community or put undue pressure on the infrastructure. It considered that the development is suitably located to access local services and does not have any significant detrimental impact on residential amenity or the amenity of the surrounding area. The Local Planning Authority therefore concludes that the development is in accordance with the following policies of the Herefordshire Unitary Development Plan 2007:-

 

S1 Sustainable development

S2 Development requirements

DR1 Design

DR2 Land use and activity

DR3 Movement

DR4 Environment

H7 Housing in the countryside outside settlements

H12 Gypsies and other travellers

H13 Sustainable residential design

T8 Road hierarchy

LA2 Landscape character and areas resilient to change

LA3 Settling of settlements

LA6 Landscaping schemes

 

2.         I38 (N19) Drawing 1 Block Plan Scale 1:500 received 23 August 2011; Drawing 2 Redesigned Access Scale 1:100 received 23 August 2011

 

3.         I05 (HN10)