Retention of change of use to caravan site for stationing of 5 caravans (3 mobile homes and 2 touring caravans) for Travellers, with retention of associated hardstanding, septic tank, sheds and fencing (retrospective). Two utility blocks are proposed on the site approved under reference SE/11/2120/CONVAR. Amendment to vary condition 1 (temporary period for permission), condition 2 (occupation of site) and condition 3 (number of caravans to be kept on site) to allow permanent permission or extension of temporary permission, to amend the occupants of the site and to increase to 4 static/mobile homes and 4 touring caravans.

(If Members wish to raise any issues with regards to the information contained in the confidential appendix the committee will need to resolve to exclude the press and public)

The proposal was for retention of change of use to caravan site for stationing of 5 caravans (3 mobile homes and 2 touring caravans) for Travellers, with retention of associated hardstanding, septic tank, sheds and fencing (retrospective). Two utility blocks were proposed on the site approved under reference SE/11/2120/CONVAR;  amendment to vary condition 1 (temporary period for permission), condition 2 (occupation of site) and condition 3 (number of caravans to be kept on site); to allow permanent permission or extension of temporary permission; to amend the occupants of the site; and to increase to 4 static/mobile homes and 4 touring caravans.

It had been referred to Committee by former Councillor Fittock as any changes in the development would affect provision of local amenities such as school places and health services, that the site was already overcrowded and concerns for highway safety matters.

Members’ attention was brought to the main agenda papers and the late observation sheet which amended the reasons given for the first two conditions on the report before the Committee but did not change the recommendation. 

Members asked questions of clarification from the officers. There was concern that the Gypsy and Traveller Liaison Officers had not commented on the report.  The Case Officer directed Members to the very special circumstances detailed within the report which included the families’ gypsy traveller status, the unmet need for pitches in the district, lack of alternative sites, the need to prepare/adopt a site allocation DPD, and matters of human rights and race equality. The particular personal circumstances of the occupants should also be considered including the children’s best interest (such as a settled home, school and access to health care) which was a primary consideration.  The site had already been subject to two temporary permissions in the hope that the site would be allocated to meet the need for travellers’ sites, the Council had put the Gypsy and Traveller consultation on hold pending the outcome of the Government’s consultation on the Gypsy and Traveller definition, but sites would still be required.  The conditions recommended took this into account.  National Planning Practice Guidance stated it would rarely be justifiable to grant a second temporary permission and that further permissions should normally be granted permanently or refused if there was clear justification for doing so.  The continued/permanent occupation of the site would allow the families to continue their daily lives without fear of the possibility of planning enforcement action to displace them from the site.  It was confirmed that ‘dependant’ did have a wide meaning but was the usual terminology employed in planning.

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

Members had regard to the confidential appendix.  Members discussed the meaning of dependant and whether the circumstances outweighed the impact on the Greenbelt.  Members also discussed the unmet need for Gypsy and Traveller sites and whether there should be another temporary permission until the outcome of the Gypsy and Traveller consultation. 

In summing up the Chairman moved, seconded and the Committee agreed to add an informative to advise that whilst the Committee was prepared to accept four units there should be no further proliferation of the site as this would harm the openness of the Greenbelt.

The substantive motion was put to the vote and it was

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

1)    The site shall not be occupied by any persons other than gypsies and travellers as defined in Annex 1 of Planning Policy for Traveller Sites (2012).

The site lies within the Metropolitan Green Belt and the use of the land represents inappropriate development in the Green Belt under the National Planning Policy Framework. Permission is only granted for the development on the basis of the very special circumstances considered as part of this application, including the existing undersupply of Gypsy and Traveller sites within the District.

2)    The occupation of the site hereby permitted shall be carried on only by Mrs T B Nolan and her dependants, Mrs J Casey and her dependants, Katerina Casey and her dependants and Pamela O'Driscoll and her dependants.  When the land ceases to be used by the residents and their dependants, the use hereby permitted shall cease to 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.

       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 Allocations and Development Management Plan and Policy SP1 and LO8 of the Core Strategy and the NPPF.

3)    No more than 8 caravans as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968 (of which no more than 4 shall be a static caravan or mobile home) 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 EN1 of the Allocations and Development Management Plan and Policy SP1 and LO8 of the Core Strategy.

4)    No commercial activities shall take place on the land, including the storage of materials for the duration of this permission.

To preserve the visual appearance of the area as supported by EN1 of the Allocations and Development Management Plan and Policy SP1 and LO8 of the Core Strategy.

5)    No building, enclosure or temporary structures other than those on approved block plan Rev. A received on 15th December 2014 shall be erected or placed on the site.

To preserve the visual appearance of the area as supported by EN1 of the Allocations and Development Management Plan and Policy SP1 and LO8 of the Core Strategy.

Informative

1.      The applicants are advised that whilst four pitches are acceptable on this site, the Council is unlikely to allow any further sub division or creation of the creation of additional plots, nor the stationing or erection of further mobile homes, utility buildings or touring caravans on this site.  Such further proliferation would harm the openness of the Green Belt.

(Cllr. Clack remained present in the Chamber but did not take part in the debate or voting thereon.)