Ashford Borough Council - Report of the Head of Planning ......Ashford Borough Council - Report of...

Ashford Borough Council - Report of the Head of Planning and Development Planning Committee 4th September 2019 ___________________________________________________________________

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Application Number

19/00320/AS

Location

Three Chimneys Stud, Hareplain Road, Biddenden, Ashford, Kent, TN27 8LW

Grid Reference

82864/39122

Parish Council

Biddenden

Ward

Biddenden

Application Description

Variation of condition 2 of planning permission given under application 11/00290/AS, to allow for the stationing of no more than 3 caravans (2 static and 1 touring caravan)

Applicant

Mr Christopher West

Agent

-

Site Area

0.98 hectares

(a) 3/1/R (b) Parish Council X (c) - Introduction

1. This application is reported to the Planning Committee at the request of the Ward Member, Councillor Bell.

Site and Surroundings

2. The application site comprises an established gypsy and traveller site with permission for the stationing of one static caravan and one touring caravan.

3. There is a paddock at the southeast side of the site and a stable building, hay/feed store and various other ancillary structures at the northwest side of the site.

4. The land is rectangular in shape, extends some distance back from Hareplain Road and is relatively well screened by tall, dense hedges along its roadside boundary and by mature hedgerow trees along the others boundaries.

5. The site is located in the countryside and the ‘Hareplain Farmlands’, which is within the Low Weald landscape type. This area is characterised as being a small scale, intimate landscape enclosed by native hedgerows with mature hedgerow trees.


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Proposal

6. The applicant seeks to vary condition 2 of planning permission 11/00290/AS, which was allowed at appeal, to provide an additional static caravan at the site.

7. Condition 2 of planning permission 11/00290/AS states: “No more than 2 caravans, as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968 (of which no more than 1 shall be a static caravan) shall be stationed on the land at any time”.

Figure 1 - Site Location Plan


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8. The additional static caravan has been stationed on the site since November 2018. The additional static caravan is positioned to the southwest of the existing authorised static caravan. The remainder of the site would continue to be used for the keeping of horses, which was granted planning permission in 1986.

9. An application can be made under section 73 of the Town and Country

Planning Act 1990 to vary or remove conditions associated with a planning permission.

10. The application site comprises an established gypsy and traveller site and the additional pitch would not extend beyond the existing site area. The additional static caravan is for the son of the applicant from the original planning permission 11/00290/AS who was living at the site at the time of the determination of this application.

Figure 2 - Proposed Block Plan


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Figure 3 - Aerial photograph of site

Figure 4 - Additional static caravan in situ


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Figure 6 - View southwest along Hareplain Road

Figure 5 - Two existing static caravans in situ


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Figure 7 - View northeast along Hareplain Road Planning History

DC FA 86/01225/AS Change of use from agricultural land to grazing horses and erection of 4 stables and hay and feed store and concrete yard.

PERM 22/10/1986

EC OPD EN/11/00059 Without planning

permission, the making of a material change of use of the Land to a mixed use of horse grazing and a residential caravan site comprising the stationing of a caravan ("the Change of Use")

PG 20/06/2012

Quashed


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DC FA 11/00290/AS Change of use of land to a mixed use of horse grazing and a residential caravan site for one gypsy family with 1 No. static caravan and 1 No. touring caravan

RR 28/09/2011 Allowed at Appeal on 18/06/2012

DC COND 11/00290/CO

NA/AS Discharge of Condition 5 on planning appeal decision

PERM 11/07/2012

EC BOC CO/19/00003 Alleged breach of condition on appeal; the siting of static mobile homes in excess of that permitted

RA

Other Relevant Planning History

Rose Garden Paddock, Hareplain Road DC FA 07/02242/AS Change of use of land

for the stationing of a mobile home, one touring caravan, utility room, creation of a new vehicular access and laying out of hardstanding (part retrospective)

RR 03/03/2008 Allowed at Appeal on 22/10/2008

DC VAR 18/00988/AS Variation of condition 2

on planning permission 07/02242/AS to allow for 4 mobile homes to be stationed on the site at any time

AG 08/02/2019

Consultations

Ward Member: Councillor Bell has requested the application to be reported to the Planning Committee. Parish Council: Object. There is already more development on this site than was permitted in the original planning application.


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Neighbours: 3 neighbours consulted; 1 representation received objecting to the development on the following grounds: • This application contravenes the decision by the Planning Inspector that only

allowed one static caravan and one touring caravan to be at the site. Legislation

S73 Town and Country Planning Act 1990 Planning Policy

11. The Development Plan comprises the Ashford Local Plan 2030 (adopted February 2019), the Chilmington Green AAP (2013), the Wye Neighbourhood Plan (2016), the Pluckley Neighbourhood Plan (2017) and the Kent Minerals and Waste Local Plan (2016).

12. For clarification, the Local Plan 2030 supersedes the saved policies in the

Ashford Local Plan (2000), Ashford Core Strategy (2008), Ashford Town Centre Action Area Plan (2010), the Tenterden & Rural Sites DPD (2010) and the Urban Sites and Infrastructure DPD (2012).

13. The relevant policies from the Development Plan relating to this application are as follows:-

Ashford Borough Local Plan 2000

SP1 – Strategic Objectives

SP2 – The Strategic Approach to Housing Delivery

HOU16 – Traveller Accommodation

HOU17 – Safeguarding Existing Travellers Sites

ENV3a – Landscape Character and Design

ENV9 – Sustainable Drainage

TRA3a – Parking Standards for Residential Development

14. The following are also material considerations to the determination of this application.

Supplementary Planning Document Landscape Character SPD


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Gypsy, Travellers and Travelling Showpeople DPD Issues and Options Report Government Advice National Planning Policy Framework (NPFF) 2018

15. Members should note that the determination must be made in accordance

with the Development Plan unless material considerations indicate otherwise. A significant material consideration is the National Planning Policy Framework (NPPF). The NPPF says that less weight should be given to the policies above if they are in conflict with the NPPF. The following sections of the NPPF are relevant to this application:-

16. Paragraph 170 states planning policies and decisions should contribute to and

enhance the natural and local environment by (inter alia):

• protecting and enhancing valued landscapes, sites of biodiversity or geological value and soils (in a manner commensurate with their statutory status or identified quality in the development plan);

• recognising the intrinsic character and beauty of the countryside, and the wider benefits from natural capital and ecosystem services – including the economic and other benefits of the best and most versatile agricultural land, and of trees and woodland;

17. Paragraph 109 states development should only be prevented or refused on

highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe.

18. Paragraph 110 states (inter alia) applications for development should:

• Create places that are safe, secure and attractive – which minimise the

scope for conflicts between pedestrians, cyclists and vehicles, avoid unnecessary street clutter, and respond to local character and design standards;

• Allow for the efficient delivery of goods, and access by service and emergency vehicles.

Government Planning Policy for Traveller Site (PPTS) 2015

19. Paragraph 24 of the PPTS states local planning authorities should consider the following issues amongst other relevant matters when considering planning applications for traveller sites: a) the existing level of local provision and need for sites

b) the availability (or lack) of alternative accommodation for the applicants


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c) other personal circumstances of the applicant

d) that the locally specific criteria used to guide the allocation of sites in plans or which form the policy where there is no identified need for pitches/plots should be used to assess applications that may come forward on unallocated sites

e) that they should determine applications for sites from any travellers and

not just those with local connections

20. Paragraph 25 states local planning authorities should very strictly limit new traveller site development in open countryside that is away from existing settlements or outside areas allocated in the development plan. Local planning authorities should ensure that sites in rural areas respect the scale of, and do not dominate, the nearest settled community, and avoid placing an undue pressure on the local infrastructure.

21. Paragraph 26 states when considering applications, local planning authorities

should attach weight to the following matters:

a) effective use of previously developed (brownfield), untidy or derelict land

b) sites being well planned or soft landscaped in such a way as to

positively enhance the environment and increase its openness

c) promoting opportunities for healthy lifestyles, such as ensuring adequate landscaping and play areas for children

d) not enclosing a site with so much hard landscaping, high walls or

fences, that the impression may be given that the site and its occupants are deliberately isolated from the rest of the community.

22. Annex 1 of the PTTS states for the purposes of this planning policy “gypsies

and travellers” means:

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, but excluding members of an organised group of travelling showpeople or circus people travelling together as such.

23. Annex 1 also states that in determining whether persons are “gypsies and

travellers” for the purposes of this planning policy, consideration should be given to the following issues amongst other relevant matters: a) whether they previously led a nomadic habit of life

b) the reasons for ceasing their nomadic habit of life


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c) whether there is an intention of living a nomadic habit of life in the future, and if so, how soon and in what circumstances.

Assessment

24. There is an implemented permission in place, following an allowed appeal, for the use of the land as a gypsy and traveller site and the stationing of one static caravan and one touring caravan. The principle of the proposed use has, therefore, been established and need not be reconsidered. In addition, the gypsy and traveller status of the applicant and his family has already been accepted and does not need to be reconsidered.

25. This application is being determined in accordance with Section 73 of the Town and Country Planning Act and as the application results in a new permission it must therefore also be determined in accordance with the current development plan.

26. The main issues to consider are the visual impact on the character, appearance and openness of the countryside, the increase in number of mobile homes on the site, sustainability, residential amenity and highway safety impacts.

Visual Amenity 27. The site is in a rural area where there are development plan policies to protect

the countryside from unnecessary development. The PPTS states that Local planning authorities should very strictly limit new traveller site development in open countryside that is away from existing settlements or outside areas allocated in the development plan. Local planning authorities should ensure that sites in rural areas respect the scale of, and do not dominate, the nearest settled community, and avoid placing an undue pressure on the local infrastructure. Nevertheless, this does not preclude gypsy and traveller sites being located in rural areas and indeed permission was granted at appeal some time ago for the change of use of the land and stationing of caravans for a gypsy family.

28. The application does not seek to extend the site area of the approved gypsy and traveller site, only increase the number of pitches within it by one to allow for an additional static caravan. The site is currently well screened along its front and side boundaries; therefore views into the site are limited. Given the overall size of the land, the additional static caravan could be easily provided without encroaching into the open countryside beyond the approved site area, or resulting in an over-development of the site. It is, therefore, considered that there would not be any further significant harm to the visual amenity of the street scene and wider landscape.


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29. One of the grounds of refusal for application 11/00290/AS related to the impact on the character and appearance of the countryside. This was addressed in the Planning Inspector’s report and it was concluded that, given the degree of natural boundary screening along the southwest boundary of the site, the development could be accommodated without causing any material harm to the surrounding area, including the Hareplain Farmlands landscape character area (Paragraphs 18 to 20). The planting along the southwest boundary has since been strengthened by supplementary planting as part of condition 5 of the appeal decision.

30. The additional static caravan would benefit from the screening already in situ and, on this basis, it is considered that it would have a neutral impact on the visual amenity of the street scene and wider landscape.

Need

31. The Council has a responsibility to assess and plan for the housing needs of all residents, including the gypsy and traveller community, and Ashford Borough Council are committed to meeting this need.

32. A Gypsy Traveller and Travelling Showpeople Accommodation and Assessment (GTAA) was carried out in August 2018 and took into account the revised definition of gypsy and travellers as set out within the Planning Policy for Travellers Site (PPTS) dated August 2015. An Objectively Assessed Pitch Need (OAPN) requirement of 54 pitches has been identified for the Local Plan period up to 2030.

33. Taking into account the turnover at the Council’s Chilmington Green site, the 3 allocated sites within the Local Plan (policies S43 and S44) and the number of sites granted permanent permission since August 2018, there is a residual need of 28 pitches to be provided over the remainder of the Local Plan period. This is expected to be delivered through windfall sites.

34. Whilst this approach offers an appropriate interim measure, it is the intention to deliver the remaining need through site allocations. For this reason, the Council is in the process of delivering a separate Development Plan Document (DPD) to meet the needs of gypsies, travellers and travelling showpeople. The DPD will identify additional sites to meet the need identified in the GTAA. An Issues and Options DPD went out for public consultation in 2018 and work is now underway on the preparation of the Regulation 18 version of the DPD, which will include preferred options for potential sites to meet the identified pitch need, and is expected to go out for consultation later this year.

35. The applicant is the son of the previous applicant for planning permission 11/00290/AS and already resides at the site. The applicant was previously


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living in the touring caravan. An additional static caravan is now required, as it is understood that the applicant now has a child. The needs of the applicant are, therefore, acknowledged.

36. The additional pitch proposed in this application would contribute towards the Council’s windfall provision for gypsy and traveller sites. The proposal is considered to be in accordance with policy HOU16 as it would be an expansion to an existing site and:

a) The additional pitch is for the original applicant’s expanded family;

b) The site would not accommodate more than 5 pitches;

c) No flood risk is identified;

d) No risks to health are identified through contamination, noise or pollution;

e) The site is served by water, power and increased disposal could be

accommodated on the site;

f) The visual impact is acceptable;

g) The site benefits from an established vehicle access;

h) Supplementary planting has been provided under condition 5 of planning permission 11/00290/AS

i) The additional pitch would be located on an area of existing

hardstanding

j) The proposal would not individually or cumulatively dominate the nearest settled community.

37. Local evidence, identified from the bi-annual gypsy count, suggests that

travellers in Ashford tend to reside on small sites which accommodate their immediate and extended family. Coupled with the lack of available land identified in the GTAA and the long standing issues managing larger sites, a number of smaller sites spread throughout the district would be a more effective means of providing sustainable and flexible accommodation to meet the need. This is clearly stated at supporting paragraph 6.122 to policy HOU16. For example, the Council owned site at Chilmington Green, which has 16 pitches, often has empty and long standing vacant pitches, with gypsies and travellers stating themselves that they would rather live with their extended family than on a site which supplies pitches on the open market.


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Sustainability

38. There has been no change in terms of the sustainability of the site economically, socially or environmentally since planning permission 11/00290/AS was granted. The site is located approximately 2.5km by road from Biddenden village centre, which has a number of local services and facilities, including a primary school, convenience shop, public house and a handful of other shops and restaurants.

39. Given this is a lawful gypsy and traveller site and the increase in the number

of pitches overall is minimal, it is considered that the overall impact in terms of sustainability would be negligible. The applicant already resides at the site; therefore a certain number of journeys are already being made by this person. It is also not uncommon for gypsy and traveller sites to be located in a rural location such as this, subject to there being no overriding harm.

Residential Amenity 40. Given its nature and distance from neighbouring dwellings (Rose Garden

Paddock - 100m north, and White House Farm - 57m south), the provision of an additional static caravan at the site would not be harmful to the residential amenity of the occupiers of these sites.

41. The site provides a good living environment for the occupiers free from the risk of flooding, contamination, noise and pollution as required policy. The existing units also have access to on site services, including mains electricity and water.

Highway safety 42. The additional static caravan on the site would not result in any significant

increase in vehicle movements, particularly as the applicant is already residing at the site. It is considered that there would be a limited impact on the local rural road network in terms of traffic generation.

43. There is plenty of off-road parking as well as a turning area available at the

site. The existing access also has sufficient visibility splays in both directions.

Final Balancing 44. The proposal is acceptable in principle. There still remains a general need for

gypsy sites to be provided in the Borough. Weight should, therefore, be given to the unmet need, towards which the proposal would contribute.

45. The representations that have been received from a neighbouring property

and the Parish Council are noted, particularly in relation to the original restriction on the number of caravans that was imposed by the Planning Inspector. However, there appears to be a genuine need for a further static


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caravan at the site and the number of pitches would not exceed 5 in line with policy.

46. The proposal would not result in any significant harm to the visual amenity of the surrounding area and wider landscape.

47. The proposal would not result in any significant harm to the residential amenity of the nearest neighbouring properties.

48. The proposal would not result in any significant harm to highway safety. 49. No objections are raised to in relation to the proposal and the additional pitch

proposed in this application would contribute towards the Councils windfall provision. It is concluded that the development accords with the development plan as a whole and policy HOU16 in particular.

Section 73/conditions 50. Where an application under section 73 is granted, the effect is the issue of a

new planning permission, sitting alongside the original permission, which remains intact and unamended. A decision notice describing the new permission should be issued, setting out all of the conditions related to it.

51. To assist with clarity, decision notices for the grant of planning permission under section 73 should also repeat the relevant conditions from the original planning permission, unless they have already been discharged and fully complied with.

52. The original permission was granted at appeal in 2012 therefore several of the

original conditions are no longer valid or have been discharged and complied with as set out below:

i. Condition 1 (gypsy occupation) – retain

ii. Condition 2 (number of pitches) – varied as per this application

iii. Condition 3 (siting as per approved plans) – retain/reword iv. Condition 4 (hedges to be retained) – retain v. Condition 5 (supplementary planting along south western boundary) –

discharged/not required


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Human Rights Issues

53. I have also taken into account the human rights issues relevant to this application, specifically the requirement for additional accommodation at the site as it is understood that the applicant now has a child. The applicant has the right to a family life and it is common within the gypsy and traveller culture for different generations to live together. In my view, the “Assessment” section above and the Recommendation below represent an appropriate balance between the interests and rights of the applicant (to enjoy their land subject only to reasonable and proportionate controls by a public authority) and the interests and rights of those potentially affected by the proposal (to respect for private life and the home and peaceful enjoyment of their properties).

Working with the applicant

54. In accordance with paragraphs 38 of the NPPF, Ashford Borough Council (ABC) takes a positive and creative approach to development proposals focused on solutions. ABC works with applicants/agents in a positive and creative manner as explained in the note to the applicant included in the recommendation below.

Conclusion 55. Balancing the issues identified above, I consider the development to comply

with the requirements of Local Plan and Central government guidance and therefore recommend the variation of condition 3 of planning permission 11/00290/AS for approval.

Recommendation Grant the Section 73 application subject to conditions differing from the original permission as set out below: (with delegated authority to either the Head of Development Management and Strategic Sites or the Joint Development Control Managers to make or approve minor changes to the planning conditions as she/he sees fit) 1. The land shall not be occupied by any persons other than gypsies and

travellers, as defined in Annex 1 of Planning Policy for Traveller Sites.

Reason: In accordance with the terms of the application and in the interests of visual amenity.


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2. No more than 3 caravans, as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968 (of which no more than 2 shall be a static caravan or mobile home) shall be stationed on the land at any time.

Reason: In accordance with the terms of the application and in the interests of visual amenity.

3. The development shall be carried out in accordance with the submitted plans

listed by this decision, unless otherwise agreed by the Local Planning Authority. This includes the identified locations of the static caravans. Reason: To ensure the development is carried out in accordance with the approval and to ensure the quality of development indicated on the approved plans is achieved in practice.

4. The existing roadside boundary hedge and the hedgerow trees along the

other boundaries of the site shall be retained. No retained hedge or tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped without the written approval of the local planning authority. Any topping or lopping approved shall be carried out in accordance with British Standard [3998 (Tree Work)]. If any retained hedge or tree is removed, uprooted or destroyed within 5 years of the date of this permission, it shall be replaced in accordance with details submitted to and approved in writing by the local planning authority.

Reason: In the interests of visual amenity and the landscape character of the area.

Note to Applicant 1. Working with the Applicant

In accordance with paragraphs 38 of the NPPF Ashford Borough Council (ABC) takes a positive and creative approach to development proposals focused on solutions. ABC works with applicants/agents in a positive and proactive manner by; • offering a pre-application advice service, • as appropriate updating applicants/agents of any issues that may arise

in the processing of their application

• where possible suggesting solutions to secure a successful outcome,

• informing applicants/agents of any likely recommendation of refusal prior to a decision and,


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• by adhering to the requirements of the Development Management Customer Charter.

In this instance:

• the applicant/agent was updated of any issues after the initial site visit, • the application was dealt with/approved without delay, • the application was considered by the Planning Committee where the

applicant/agent had the opportunity to speak to the committee and promote the application.

Background Papers All papers referred to in this report are currently published on the Ashford Borough Council web site (www.ashford.gov.uk). Those papers relating specifically to this application may be found on the View applications on line pages under planning application reference 19/00320/AS) Contact Officer: Georgina Galley Email: [email protected] Telephone: (01233) 330264

http://www.ashford.gov.uk/

http://planning.ashford.gov.uk/planning/Default.aspx?new=true

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