Proposed extension to an existing gypsy/travellers site comprising 5no. Residential pitches, 1 no. Extended dayroom, 2 no. Utility blocks, 1 no. Access, hardstanding and associated works.

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

(Proposed extension to an existing gypsy/travellers site comprising 5no. Residential pitches, 1 no. Extended dayroom, 2 no. Utility blocks, 1 no. Access, hardstanding and associated works.)

 

(Councillors Paul Andrews, Hardwick, James and Wilding had left the meeting and were not present during consideration of 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, Mr P Whitehead, of Bosbury and Coddington Parish Council spoke in opposition to the scheme.  Ruth Munns, on behalf of the applicant, spoke in support.

In accordance with the Council’s Constitution, the local ward member, Councillor Johnson, spoke on the application. He expressed the view that whilst on the site visit the site had appeared tidy and potentially suitable it was not necessarily the right place for such a development.  He intended to comment in more detail at the end of the debate.

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

·        A Councillor highlighted paragraph 6.50 of the report.

·        Clarification was sought on the proposed new western site access which had already been constructed but in part appeared to be outside the red line delineating the application.  The Lead Development Manager commented that the application did not take account of the need to include highway land.  A consent from the highway authority would need to be sought and granted.  The application was valid as it stood.

·        It was asked whether the impact on seven mature oaks bordering the site had been assessed.  It was suggested that the proposed area of hard standing did not respect the root protection zone.  The new access road also appeared very close to one of the oak trees.  The Lead Development Manager suggested that a suitable condition could be added to protect the trees, subject to the advice of the tree officer.

·        The SPO confirmed that the Drainage Engineer had no objection to the drainage proposals.

The local ward member was given the opportunity to close the debate.  He made the following principal points:

·        The local community was opposed to the application.  Bosbury had 4 travellers sites with 14 pitches representing 12% of the total pitches provided within the county.  The additional 5 pitches proposed within the application together with another development being proposed nearby would bring the proportion of pitches up to 16% accommodating some 40-60 travellers.

·        The Parish Council had supported the application for 2 pitches on the site in 2012 on the basis that there would be no additional development.  The report stated at paragraph 5.3 that “there must be consideration as whether the reasons for imposing these conditions are still applicable or whether different conditions could be imposed to mitigate any potential impacts.”  He questioned the disregarding of the agreed conditions.

·        He questioned whether the policy complied with Core Strategy policies H4 and RA3.  He also questioned whether there was a local need noting that the second pitch for which permission had been granted in 2012 had never been occupied.  The site was also outside the settlement boundary.

·        He referred to paragraphs 22 and 25 of the Government’s revised Planning Policy for Traveller sites as referenced at paragraph 6.9 of the officer report.

·        The report was based on the premise that the application was not for a new site but for an extension to an existing site.  However, the increase in size was of relevance.

·        With reference to policy H4 regarding the need for sites to have reasonable access to services, subject to an exception provision, there was no access to services.  The school was oversubscribed, the surgery was full, there were no shops and very little public transport. He questioned if the site was sustainable bearing in mind the travel distance to Cradley or to Ledbury.  He questioned the statement in paragraph 6.22 of the report that officers considered there was capacity in local infrastructure and services given the lack of objection from service providers.

·        He acknowledged the report’s recommendation and the rationale behind it.  However, he considered that Members had a responsibility to represent residents and ensure that they were treated fairly.  He considered that the County’s target for pitches should be shared more evenly across the county noting the current level of provision in Bosbury.

·        The application was contrary to policies RA3 and H4 and officers should be encouraged to develop sites across the county as a means of securing successful integration of travellers.

The Lead Development Manager noted that considerable work had been undertaken to prepare the Travellers Development Plan Document.  That had identified the need for additional pitches and the document which included the application site within it had been subject to public examination.  He referred to a paragraph in the examiner’s report stating that the development would not dominate the nearest settled community and be contrary to paragraph 14 of the PPTS and there was no reason why there should not be peaceful and integrated co-existence.  He requested that delegated authority be granted to resolve the issues that had been raised relating to the new access and protection of trees.  If an acceptable resolution was not possible the application would be brought back to the Committee.

Councillor Hunt proposed and Councillor Fagan seconded a motion that the application be approved in accordance with the printed recommendation and authority delegated to officers to determine following consultation with the tree officer an appropriate condition to protect mature oak trees on the site and to resolve any issues relating to the new access.  The motion was carried with 5 votes in favour, 2 against and 3 abstentions.

RESOLVED: That planning permission be granted subject to the following conditions and any other further conditions considered necessary by officers named in the scheme of delegation to officers:

 

1.         C01 – Time limit for commencement (full permission)

           

 

2.         C06 – Development in accordance with the approved plans (drawing numbers: TDA.2406.01; TDA.2406.03 Revision B; TDA.2406.05; TDA.2406.07 and TDA.2406.08).

 

 

3.         C14 - The materials to be used in the construction of the external surfaces of the dayroom extension hereby permitted shall match those used in the existing building.

 

            Reason: To ensure the external materials harmonise with the existing building so as to ensure that the development complies with the requirements of Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

 

 

4.         CAH – Prior to the first occupation of the development hereby approved the driveway and vehicular turning area shall be consolidated and surfaced at a gradient not steeper than 1 in 8. Private drainage arrangements must be made to prevent run-off from the driveway discharging onto the highway. Details of the driveway, vehicular turning area and drainage arrangements shall be submitted to and approved in writing by the local planning authority prior to relevant works commencing in relation to the driveway/vehicle turning area.

 

            Reason: In the interests of highway safety and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

 

5.         The site shall not be occupied by any persons other than Gypsies and Travellers as defined in Annexe 1, paragraph 1 of the Communities and Local Government "Planning Policy for Traveller Sites" March 2015.

 

            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).

 

6.         Any material change to the position of the static caravans, or its replacement by another caravan in a different location, shall only take place in accordance with details 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 Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

7.         No more than 7 mobile homes and no more than 7 touring caravans, as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968 as amended 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 Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

8.         The soft landscaping and habitat creation and planting as proposed in supplied plan reference TCA.2406.03 Revision B dated 16th June 2019 shall be implemented in full, any trees or shrubs dying within 5 years of completion of all works on the site shall be replaced like for like and all the site hereafter maintained in full as approved unless otherwise approved in writing by the local planning authority.

 

            Reason: To ensure that all species are protected and habitats enhanced having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation (Natural Habitats, &c) Regulations 2017 (as amended) and Policy LD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework (2018), NERC Act 2006

 

9.         The utility block and day room buildings (as shown on the approved drawing nos. TDA.2406.05 and TDA.2406.07) shall not be used other than as utility block/day room structures ancillary to the use hereby approved. No part of the buildings shall be used as a bedroom or otherwise for sleeping accommodation.

 

            Reason: To ensure that the buildings are not used as separate and independent residential units and to comply with Policies RA3 and H4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework (2019).

 

 

10.       The new access gates/doors shall be set back 5 metres from the adjoining carriageway edge and shall be made to open inwards only.

 

            Reason: In the interests of highway safety and to conform with the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

11.       The applicant shall be required to enter into a Section 184 agreement under the Highways Act 1980 with the local Highway Authority prior to relevant works commencing in relation to the new access. Please contact the Senior Engineer, PO Box 236, Plough Lane, Hereford HR4 0WZ to progress the agreement.

 

            Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy  Framework.

           

           

            INFORMATIVES

 

           

1.         IP2 – Application Approved Following Revisions

 

2.         I05 – No drainage to discharge to highway

 

3.         I11 – Mud on highway

 

4.         I35 – Highways Design Guide and Specification

 

5.         I45 – Works within the highway

 

6.         I30 - Wildlife and Countryside Act 1981 (as amended)