Ward: Ledbury

Change of use to a one family gypsy caravan site.

In accordance with the criteria for public speaking, Miss Walker (applicant) and Mr. Richardson (agent) spoke in support of the application.

Councillor B.F. Ashton, a Local Ward Member, questioned the definition of a gypsy family and the need for a caravan site of this kind.  Councillor D.W. Rule, also a Local Ward Member, questioned whether the proposed conditions could protect the area from any further intrusion of caravans.  In response, the Planning Officer drew attention to restrictions under condition 4 and advised that any breach of conditions would handled in the normal manner through enforcement action.  The Northern Team Leader noted that the definition of a gypsy family was a complicated matter but advised that the application was considered acceptable in this instance.  He added that it would be difficult to defend refusal of planning permission given the identified shortfall in the provision of traveller sites and having regard to Inspector Decisions in other parts of Herefordshire.

In response to a question, the Planning Officer advised that policy H12 of the deposit draft Unitary Development Plan required that sites be within reasonable distance of local services and facilities and this site complied with the policy as it was within a mile of Ledbury.  The Planning Officer confirmed that the site would have foul drainage, water and electricity provision.  The Northern Team Leader commented that this site was much nearer to amenities than other sites that had been granted planning permission.

Councillor Mrs. L.O. Barnett expressed her sympathy for young couples trying to get accommodation in rural areas.  Councillor Mrs. Barnett felt that current legislation made it easier for gypsy families to obtain planning permission in the countryside and wished that more could be done to accommodate other families with similar needs.

In response to Members’ concerns, the Development Control Manager drew attention to condition 2 which would restrict the use to the applicants and dependants, to condition 4 which would ensure that only a single gypsy family could use the site and to condition 5 which would ensure that no more than two caravans could be stationed and only one of these could afford residential accommodation.  He commented that the proposal fell a long way short of erecting a permanent dwelling and that the application had been tailored to the specific circumstances of the applicants.  It was noted that the land would need to be restored to its original state once the site was no longer required.

A number of Members noted that recent appeal history on the subject meant that there were no planning reasons for refusal in this instance.

Councillor Ashton felt that the debate by Members and the advice provided by Officers had alleviated some of his concerns but he felt that the policies needed to be tightened to ensure that the planning system was not abused.

RESOLVED:

That planning permission be granted subject to the following conditions:

1 -     A01 (Time limit for commencement (full permission)).

         Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2 -     E27 (Personal condition).

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

3 -      Notwithstanding the submitted plans, the proposed 1m stone wall shall not be constructed, but should be substituted by a mixed native species hedgerow or fence to be agreed in writing by the local planning authority.  Development shall accord with the agreed details.

         Reason: In order to safeguard the landscape character of the area.

4 -     The permission hereby approved shall be limited to the use of the site by a single gypsy family.  Accommodation shall be restricted to the stationing of a single residential (static) caravan.

         Reason: In order to define the terms of the permission and safeguard the amenity of neighbouring residents.

5 -     At any one time the number of caravans on site should not exceed two (2) as shown on the approved plan.  Only one (1) of these shall afford permanent residential accommodation.

         Reason: In order to define the terms of the permission and safeguard the amenity of neighbouring residents and the landscape character of the area.

6 -     F42 (Restriction of open storage).

         Reason: To protect the appearance of the locality.

7 -     F18 (Scheme of foul drainage disposal).

         Reason: In order to ensure that satisfactory drainage arrangements are provided.

8 -     G05 (Implementation of landscaping scheme (general)).

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

9 -     G12 (Planting of hedgerows which comply with Hedgerow Regulations).

         Reason: To ensure that hedges planted are ecologically and environmentally rich and to assist their permanent retention in the landscape.

10 -      H05 (Access gates).

         Reason: In the interests of highway safety.

11 -      H06 (Vehicular access construction).

         Reason: In the interests of highway safety.

Informatives:

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

2 -     HN05 - Works within the highway.

3 -     N04 - Rights of way.