Agenda item

17/02424/FUL - Area Of Land Between Button Street And M20 Slip Road, Button Street, Swanley, Kent

Minutes:

The proposal sought permission for the use of land for the stationing of caravans for residential purposes together with dayroom ancillary to that use. The application had been referred to Development Control Committee by Councillor McGarvey on the grounds that the very special circumstances did not clearly outweigh the harm to the Green Belt.

 

Members’ attention was brought to the main agenda papers.

 

The Committee was addressed by the following speakers:

 

Against the Application:   -

For the Application:          -

Parish Representation:     Cllr Terry Brooker

Local Member:                 Cllr Carroll (on behalf of Cllr McGarvey)

 

Members asked questions of clarification from the Officers.

 

It was moved and duly seconded that the recommendation in the report to grant planning permission be agreed.

 

Members discussed the lack of accepted sites within the District and that the application was from a family with school links. It was noted how the current location of the caravans was screened by fences and foliage.

 

The motion was put to the vote and it was

 

Resolved: That planning permission be granted subject to the following conditions

 

1)    The occupation of the site hereby permitted shall be carried on only by Mr M Nichols and his resident dependants, whilst Mr Mark Nichols resides on the site and while he complies with the definition of gypsies and travellers set out in Annex 1 of Planning Policy for Traveller Sites August 2015.

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 M Nichols and in accordance with Planning Policy For Traveller Sites August 2015.

2)   There shall be no more than one pitch on the land and on the pitch hereby approved no more than 2 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, of which only 1 caravan shall be a static caravan, together with the single associated amenity building.

In order to protect the openness of the Green Belt and character of the area as supported by Government Guidance in the form of the National Planning Policy Framework, policy L08 of the Council's Core Strategy and policies EN1 and EN5 of the Allocations and Development Management Plan.

3)   No commercial activities shall take place on the land, including the storage of materials.

In order to protect the openness of the Green Belt and character of the area as supported by Government Guidance in the form of the National Planning Policy Framework and to preserve the visual appearance of the area as supported by EN1 and EN5 of the Sevenoaks Allocations and Development Management Plan.

4)   Notwithstanding the provisions of Part 5 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any order revoking and re-enacting that Order with or without modification), no other buildings other than the two caravans and utility/day room shall be erected on the site without the written approval of the local planning authority.

To prevent inappropriate development within the Green Belt as supported by the National Planning Policy Framework and policy SP6 of the Council's Core Strategy.

5)   Within 2 months of the date of this decision, full details of the acoustic fence shall be submitted to the District Planning Authority for approval in writing. Such details to include the precise siting, method of construction and density of the fence. The acoustic fence shall be erected in accordance with the approved details within a period of two months from the date of approval and maintained as approved thereafter.

In the interests of the residential amenities of the occupiers of the site as supported by policy EN7 of the Council's Allocations and Development Management Plan.

6)   For the avoidance of doubt the information to which this decision relates is as follows: Drawing Nos.: 15_757_001, 002 A, 003 A, 004 A and REC Air quality Assessment dated March 2019 and Ned Johnson Acoustic Consultants - Acoustic Assessment of Noise at Pedham Stables.

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

7)   When the land ceases to be occupied by Mr Mark Nichols and his resident dependants, the use hereby permitted shall cease and all caravans and structures, materials and equipment brought onto or erected upon the land, or works undertaken to it in connection with that use, shall be removed and the land shall be restored to its condition before the work took place.

Given that the very special circumstances in this case which clearly outweigh the harm to the Green Belt and any other harm expressly relate to Mr M Nichols and in accordance with Planning Policy for Traveller Sites 2015.

 

*As Amended at the meeting held on 25 July 2019

Supporting documents:

 

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