Change of use of land to residential use, for one gypsy traveller family. Site to contain one static caravan, one touring caravan and parking for two associated vehicles.

The proposal sought consent for change of use of land to residential use for one Gypsy and Traveller family. The site would contain one static caravan, one touring caravan and parking for two associated vehicles. The application had been called to Committee by Councillor Clark as it was not felt that sufficient Very Special Circumstances had been demonstrated to outweigh the harm to the Green Belt.

Members’ attention was brought to the main agenda papers and late observations sheet which amended the conditions. The Committee was addressed by the following speakers:

Against the Application:   Neil Hewett

For the Application:         Joseph Jones

Parish Representative:     Michael Brown

Local Member:                 Cllr. Pett

Members asked questions of clarification from the speakers and Officers. In response to questions, Members were advised that if the Committee was minded to grant permission, it would be possible to include additional conditions that stated the full names of the applicant and his wife (in order to identify them more specifically), to restrict the use of the land to prevent commercial use and external storage and for the caravans to be stationed on the existing hardstanding.

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

Members discussed the application. Some Members considered the proposed use of the site in the Green Belt was inappropriate development and would cause harm to the land itself as well as the residential amenity of neighbouring properties. Other Members considered that the exceptional circumstances of the family and the needs of their youngest child far outweighed the reasons against the proposal, also taking into consideration that the recommendation was for temporary use, with the addition of the  extra conditions proposed.

It was moved by the Chairman and duly seconded that the recommendations in the report, amended by the late observations sheet and the additional conditions for the full names of applicants to be included, the restriction of commercial use and the caravans to be stationed on the existing hard standing, be agreed.

The motion was put the to the vote and it was

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

1)    The pitch on the site shall only be occupied by gypsies or travellers as defined by Annex 1, paragraph 1 of "Planning policy for travellers for sites" produced by the Department for Communities and Local Government (August 2015).

Reason: Planning permission has been granted on the basis of a case for very special circumstances which clearly outweighs the harm to the openness of the Green Belt, which demonstrated need for accommodation for Gypsies and Travellers. It is therefore necessary to keep the site available to meet that need in accordance with Policy SP6 of the Sevenoaks Core Strategy.

2)    The occupation of the site hereby permitted shall be carried out only by the following and their residential dependents: Mr and Mrs J Maloney (Joseph and Katie). When the land ceases to be occupied by those named above the use hereby permitted shall cease and all caravans, structures, materials and equipment brought on to or erected on the land, or works undertaken to it in connection with the use, shall be removed and the land shall be restored to its former condition before the development took place or as otherwise agreed with the local planning authority, within a period of three months.

Reason: 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 and Mrs Maloney and in accordance with Planning Policy for Traveller Sites August 2015.

3)    The use hereby permitted shall be for a limited period of three years from the date of this decision. At the end of this temporary permission or when the land ceases to be occupied by those named in Condition 2, the use hereby permitted shall cease, all caravans, structures, materials and equipment brought on to the land in connection with the use shall be removed.

Reason: In the interests of visual amenity in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan and in order to protect and conserve the openness of the Green Belt in accordance with the NPPF.

4)    Prior to the siting of the mobile home on the site, details of a Sewage and Refuse Strategy shall be submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. The Local Planning Authority is satisfied that this is fundamental to the acceptability of the proposal and that without this safeguard permission should not be granted.

Reason: In accordance with EN1 of the Sevenoaks Allocations and Development Management Plan.

5)    The mobile home and caravan to be positioned in the site must meet the definition of 'caravan' as outlined within the Caravan Sites Act 1968.

Reason: In accordance with EN1 of the Sevenoaks Allocations and Development Management Plan and in order to protect and conserve the openness of the Green Belt in accordance with the NPPF.

6)    The development hereby permitted shall be carried out in accordance with the following approved plans: Location Plan; Block/Site Plan

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

7)    No part of the land shall be used for any commercial purposes or for external storage or for the display of goods or products.

Reason: In accordance with EN1 of the Sevenoaks Allocations and Development Management Plan and in order to protect and conserve the openness of the Green Belt in accordance with the NPPF.

8)    The stationing of a static caravan and touring caravan and the parking of vehicles, shall only take place on the existing hardstanding at the southern end of the site.

Reason: In accordance with EN1 of the Sevenoaks Allocations and Development Management Plan and in order to protect and conserve the openness of the Green Belt in accordance with the NPPF.