Decision details

SE/12/00894/FUL - Robertsons Nursery, Goldsel Road, Swanley, Kent

Decision Maker: Development Management Committee

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

The proposal was for consent for the retention of use of the land for a gypsy and traveller caravan site including the erection of an amenity building and other residential paraphernalia. This would include the retention of the provision of one static mobile home with one amenity building.

Officers considered that very special circumstances exceptionally outweighed any inappropriate or other harm to the Green Belt. The applicants were considered to be Gypsies and there was a clear and immediate need for accommodation within Sevenoaks District with a backlog of unmet need, as established by the Gypsy and Traveller Accommodation Assessment. Temporary permission would not result in a permanent, adverse impact on the openness and character of the Green Belt. Granting only temporary permission would allow a future review of accommodation provision.

The Committee was addressed by the following speakers:

            Against the Application:        -

            For the Application:               Mrs. Coates

            Parish Representative:          Cllr. Dixon

            Local Member:                       -

In response to a question Officers confirmed the mobile home was sited approximately 4.5m lower than the access point. It was also confirmed that the proposed amenity building would replace the existing shed.

If the applicants were to leave the site then the home and utility building would be removed and the site allowed to return to its natural state.

It was MOVED by the Vice-Chairman and was duly seconded that the recommendation in the report to grant permission subject to conditions be adopted. The motion was put to the vote and it was unanimously

Resolved: That planning permission be GRANTED subject to the following conditions:-

1)         This planning permission is granted for a temporary period of three years only, from the date of this permission. By the date this permission expires, all caravans, utility building, structures, hardstanding, materials and equipment brought on to the land in connection with the use hereby approved, shall be removed and the site shall be restored to its previous condition, or restored in accordance with a scheme that has been submitted to and approved in writing by the Council.

In order that any other proposal for the use of the land for a longer period is the subject of a separate application, to be determined on its merits, having regard to the harm to the Green Belt, the status of the Local Development Framework and the allocation of sites for Gypsies and Travellers.

2)         The occupation of the site hereby permitted shall be carried on only by Mr Albert Coates (Jnr.) and Ms Amy Coates (nee Broomfield), whilst Mr Albert Coates (Jnr) is resident on the site and whilst he complies with the definition of gypsies and travellers set out in paragraph 1, Annex 1 of Planning Policy for Travellers March 2012.  When the land ceases to be used by Mr Albert Coates (Jnr) or at the end of the expiry of temporary permission, whichever is the sooner, the use hereby permitted shall cease to all caravans, utility building, structures, hardstanding, materials and equipment brought on to the land associated with the use hereby permitted.

Given that the very special circumstances in this case clearly outweigh the harm to the openness of the Green Belt and any other harm.

3)         The site shall not be occupied by any persons other then gypsies and travellers, as defined in paragraph 1, Annex 1 of Planning Policy for Travellers March 2012.

Given that the very special circumstances in this case which clearly outweigh the harm to the openness of the Green Belt and any other harm expressly relate to Mr Albert Coates (Jnr) and in accordance with Planning Policy For Travellers March 2012.

4)         The residential use hereby permitted shall be restricted to the stationing of no more than 2 caravans at any time (of which no more than 1 shall be a static caravan or mobile home).

Given that the very special circumstances in this case clearly outweigh the harm to the openness of the Green Belt and any other harm, in accordance with Policy EN1 of the Local Plan.

5)         No commercial activities shall take place on the land, including the storage of materials, other than the keeping of horses in need for isolation.  The use only enure the benefit of the applicants, Mr Albert Coates (Jnr) and Ms Amy Coates (nee Broomfield).

To preserve the visual appearance of the area as supported by EN1 of the Sevenoaks District Local Plan.

6)         No building, enclosure or temporary structures other than those shown on the approved Untitled plan block plan received on 03 May 2012 shall be erected or placed on the site.

To preserve the visual appearance of the area as supported by EN1 of the Sevenoaks District Local Plan.

7)         The development hereby permitted shall be carried out in accordance with the following approved plans: RN, RN1 and RN2.

For the avoidance of doubt and in the interests of proper planning.

Report author: Sean Mitchell

Publication date: 16/08/2012

Date of decision: 28/06/2012

Decided at meeting: 28/06/2012 - Development Management Committee

Accompanying Documents:

 

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