Change of use from agricultural to a one family gypsy caravan site, permission for 2 caravans and stable block.

Change of use from agricultural to a one family gypsy caravan site, permission for 2 caravans and stable block.

The Legal Practice Manager clarified the definition of ‘gypsy’ having regard to Government guidance and recent case law.

In response to questions about the parallels with other people that travel to find employment, the Legal Practice Manager commented that each case had to be assessed on its own facts and that temporary cessation of the nomadic way of life, whilst remaining within the definition of gypsy, was permissible in the context of the law.

The Senior Planning Officer noted that the condition to re-site the development to an area to be agreed was to ensure that visual impact was minimised.

Councillor J.G.S. Guthrie, the Local Ward Member, drew attention to the comments of Marden Parish Council and noted the concerns that this was a retrospective application and that the site was not within reasonable distance of local services.  Councillor Guthrie reported that he had received a significant number of representations from local residents but the main concern was the visual impact which should be addressed to some extent by the recommended conditions.

The Sub-Committee noted that condition 2 as detailed in the report should refer to the ‘south-west’ and not to the ‘eastern’ side of the application site.

In response to questions, the Senior Planning Officer confirmed that the application sought consent for the stationing of one static and one mobile caravan.  In response to a suggested condition, the Senior Planning Officer commented that the external colour of the caravans could not be enforced in perpetuity given that they would need to be replaced over a period of time.  Members, however, felt that an appropriate finish was important to ensure that visual impact was minimised and it was agreed that an informative note be added to any planning permission granted.

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.      Within two months of the date of this permission a layout plan for the
re-siting of the mobile home, touring caravan and associated structures onto the south west side of the application site shall be submitted to and approved by the local planning authority.  The relocation of these structures shall be undertaken with a timescale to be agreed in writing with the local planning authority and shall thereafter be retained in the approved locations.

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

3.      This permission shall enure for the benefit of Mr. Ronald Jones and Mrs. Dorothy Jones only and not for the benefit of the land or any other persons interested in the land.

         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.

4.      This permission relates to the siting of one mobile home and one touring caravan only.  No other units of accommodation shall be brought onto, or occupied, on the site.

         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.

5.      E11 (Private use of stables only).

         Reason: In order to safeguard the residential amenity of the area.

6.      Within two months of the date of this permission, details of the proposed foul and surface water drainage arrangements shall be submitted to and approved in writing by the local planning authority.  The approved scheme shall be implemented within three months of that written approval.

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

7.      F32 (Details of floodlighting/external lighting).

         Reason: To safeguard local amenities.

8.      G09 (Retention of trees/hedgerows).

         Reason: To safeguard the amenity of the area.

9.      Within two months of the date of this permission details of a scheme of landscaping shall be submitted to and approved 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 measures 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.

10.    G05 (Implementation of landscaping scheme (general)).

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

11.    H05 (Access gates) (5 metres).

         Reason: In the interests of highway safety.

12.    H06 (Vehicular access construction).

         Reason: In the interests of highway safety.

Informatives:

1.      N01 - Access for all.

2.      HN01 - Mud on highway.

3.      HN05 - Works within the highway.

4.      N15 - Reason(s) for the Grant of PP.