Change of use of land for stationing of caravans for residential occupation for Gypsy Traveller site with portacabin structure.

The proposal sought planning permission for change of use of land for stationing of caravans for residential occupation for Gypsy and Traveller site with portacabin structure. The application had been referred to the Committee by Cllrs. Harrison, Bulford and Fothergill on the grounds that there was insufficient justification for a new Gypsy Traveller pitch in the Green belt location and that there were already many pitches in West Kingsdown.

There were no public speakers registered.

Members’ attention was brought to the main agenda papers and late observation sheet which amended condition 5.

Members asked questions of clarification from the officer’s. Questions focused on the unmet need for Gypsy and Traveller pitches in the District and the special circumstances of the application.

Members were advised that as the Council did not at the time hold a Gypsy/Traveller policy the Sevenoaks Gypsy and Traveller Accommodation Assessment 2022 (GTAA) was used as a best guide for deciding Gypsy and Traveller pitches in the District which had indicated a requirement of 43 pitches between 2022 and 2040. It was confirmed that the Council had a statutory duty to provide gypsy/Traveller sites and with recent permissions the figure had reduced to 37. The Case Officer explained that this outstanding unmet need was afforded substantial weight during consideration of the application.

It was moved by the Chairman and duly seconded that the recommendations within the report and late observations, be agreed.

Members discussed the application.

The motion was put to the vote and it was

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

1)       This planning permission is granted for a temporary period of five 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 Local Planning Authority.

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 Plan and the allocation of sites for Gypsies and Travellers.

2)       The development hereby permitted shall be carried out in accordance with the following approved plans and details: Block plan, site location plan and portacabin elevations.

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

3)       The occupation of the site hereby permitted shall be limited to Ms Harrison and their resident dependants to whom are gypsy and travellers,  defined as persons of nomadic habit of life whatever their race or origin, including such persons who on grounds only of their own or their family's or dependants' educational or health needs or old age have ceased to travel temporarily or permanently, but excluding members of an organised group of travelling showpeople or circus people travelling together  When the land ceases to be used by Ms Harrision and dependants or at the end of the expiry of temporary permission, whichever is the sooner, the use hereby permitted shall cease and all caravans, utility building, structures, hardstanding, materials and equipment brought on to the land associated with the use hereby permitted shall be removed

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

4)       There shall be no more than 1 residential pitch on the site. No more than 2 caravans (one static and one touring), 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.

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 SP6 of the Local Plan.

5)       The existing eastern boundary hedge as shown on approved plan no. Block Plan shall be maintained at a height of no less than 2m from ground level and should it become diseased or is removed, uprooted, destroyed or dies, another of the same species and size shall be planted in the same place, unless the local planning authority gives its written consent to any variation. The hedge shall be retained and maintained during the lifetime of this permission.

To preserve the character of the area in accordance with policy EN1 of the Sevenoaks Allocations and Development Management Plan.

6)       No commercial activities shall take place on the land, including storage of materials, and no vehicle over 3.5 tonnes shall be stationed, parked or stored on the site.

To maintain the integrity and character of the area as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

7)       No external lighting shall be installed on the site or affixed to any buildings on the site unless the local planning authority has first approved in writing details of the position, height, design, measures to control light spillage and intensity of illumination. Only the approved details shall be installed.

To maintain the integrity and character of the area as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.