Meeting documents

SSDC Area North Committee
Wednesday, 28th October, 2015 2.00 pm

  • Meeting of Area North Committee, Wednesday 28th October 2015 2.00 pm (Item 89.)

Minutes:

Proposal: Change of use, retention of existing pitches and second access, addition of 2 pitches and 3 twin utility blocks.

 

The Planning Officer updated members that since the agenda had been published, legal advice had been sought. Referring to the mention of an Injunction Order and the status being unknown under the parish council comments, he noted that the Injunction had since been located; the Injunction was a consideration for members in reaching the decision but balanced with factors such as the compliance with the terms of the Injunction and passing of time and establishment of the landscaping etc. Further advice on the matter could be given by the Locum Solicitor if needed.

 

The proposal was presented to members, as detailed in the agenda report, and the Planning Officer briefly explained the planning history on site and elements of a previous appeal decision. He noted the proposal was to enable use by extended family members of the existing occupier on the site. It was acknowledged the current occupier had done much to tidy up the site and landscaping was now well established. Whilst the Landscape Officer’s comments had been carefully considered it was not felt the proposal would be so detrimental as to warrant an officer recommendation of refusal of this application.

 

Ms K Beacham, spokesperson for Fivehead Parish Council, noted there had been a lot of trouble with the site with previous occupiers. She made reference to the Planning Inspector’s decision from previous applications which stated no more than four pitches and no extension to the north. She questioned if that decision was to now be disregarded.

 

Ms S Woodbury, agent, acknowledged comments raised by the parish council at their meeting, and commented she was aware of the previous appeal. She noted there were new circumstances now, family with children and an elderly person on site who was unable to decide which family member to live with him. Much of the proposed extension to the site was hard surface and included a large overgrown mound of rubble, and the site had been picked as it needed to be cleared anyway.

 

Ward member, Councillor Sue Steele, acknowledged the changed situation with the site, and referred to the previous appeal decision which stated part of the current application site should remain as a paddock. It was noted the Local Plan indicated the district had enough traveller pitches, and she didn’t think the village ever thought there would be more pitches at the site. She felt there were still conditions form previous applications that may not have been fully complied with. She sought clarification regarding the height and details of the utility buildings

 

During discussion, comments made by members included:

·         Uncomfortable that officer recommendation is for approval given the Landscape Officer and Planning Inspector comments.

·         Children will need somewhere to play.

·         Question why extension is needed as feel room for two pitches on existing site.

·         The height of the buildings needs to be clearly defined.

·         Know Gypsy families like to stay together.

·         Could materials be lookeda t so they fit better into the landscape?

·         Commend applicants for following proper procedures

·         Can the existing drainage system adequately cope with more pitches?

 

In response to other comments made, the Development Manager and Planning Officer clarified that:

·         The enforcement file for the site had been closed as it was felt the site now complied with the Injunction.

·         Gypsy and Traveller needs sat outside of Policy SS" within the Local Plan.

·         Committees and members don’t always agree with Planning Inspectors.

·         Officer view is, that with careful consideration, due to the vegetation now being mature, that it is acceptable to make a recommendation of approval.

·         SS2 should not have been included under the list of policies, and it had been included in error.

·         Some open space will be retained.

·         After five years the site would remain as a residential site for Gypsies and Travellers. Would possibly be an argument for a brownfield site but unlikely due to Gypsy and Traveller policies.

·         The district currently met the specified number of pitches, but there was a need to ensure there was adequate provision for the next five years.

·         Conditions as detailed in the agenda would deal with concerns raised by members, however in light of comments raised it was recommended that there was an additional condition regarding levels and an informative for materials.

 

At the end of discussion, many members were supportive of the application. It was proposed to approve the application, as per the officer recommendation, subject to an additional condition regarding levels and an informative for materials. On being put to the vote the proposal was carried 9 in favour, 3 against.

 

RESOLVED:

That planning application 15/03045/FUL be APPROVED, as per the officer recommendation, subject to:

 

Justification

 

The proposed development of an additional two pitches adjoining an existing gypsy/traveller site, would meet a recognised need without detriment to visual or residential amenity or highways safety. The site is reasonably well located relative to schools and other community facilities and can provide a refuse point, suitable drinking water supply, sewerage disposal and other necessary facilities. As such the proposal complies with policies SD1, TA5, TA6 and HG7 of the South Somerset local Plan and the policies contained in the National Planning Policy Framework.

                                                                                                         

Subject to the following conditions:

 

01.   The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

       

        Reason:  To accord with the provisions of section 91(1) of the Town and Country Planning Act 1990.

 

02.   The development hereby permitted shall be carried out in accordance with the following approved plans: 'Drawing number 1181/02A', received 23rd June 2015, 'Location Plan', received 8th July 2015 and '1:1000 Site Layout Plan', received 12th August 2015.

       

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

       

03.   The site shall not be occupied by any persons other than gypsies and travellers as defined in Annex 1 of Planning Policy for Travellers (August 2015).

       

        Reason: To avoid any ambiguity as to who can occupy the site hereby permitted as an exception to policy.

       

04.   There shall be no more than 6 pitches on the whole of the application site contained within the area outlined in red on the submitted location plan, received 8th July 2015. On each of the 6 pitches hereby approved, no more than 2 caravans shall be stationed at any time, of which no more than one caravan shall be a residential mobile home.

       

        Reason: To ensure that the Local Planning Authority have control with regard to the number and type of caravans on the site in the interests of visual amenity and highway safety in accordance with policies TA5, TA6 and EQ2 of the South Somerset Local Plan and the provisions of chapters 4, 7 and 11 of the National Planning Policy Framework.

       

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

       

        In the interests of visual amenity and highway safety in accordance with policies TA5, TA6 and EQ2 of the South Somerset Local Plan and the provisions of chapters 4, 7 and 11 of the National Planning Policy Framework.

       

06.   No development hereby approved shall be carried out until particulars of details of materials (including the provision of samples where appropriate) to be used for  external walls and roofs of the utility rooms hereby permitted have been submitted to and approved in writing by the Local Planning Authority.

       

        In the interests of visual amenity in accordance with policy EQ2 of the South Somerset Local Plan and the provisions of chapter 7 and 11 of the National Planning Policy Framework.

       

07.   The development hereby permitted shall not be commenced until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of the development, as well as details of any changes proposed in existing ground levels; all planting, seeding, turfing or earth moulding comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the occupation of the building or the completion of the development, whichever is the sooner; and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

                                                                                                                                                                                                           

        In the interests of visual amenity in accordance with policy EQ2 of the South Somerset Local Plan and the provisions of chapter 7 and 11 of the National Planning Policy Framework.

       

08.   No development hereby approved shall be carried out until details of foul and surface water drainage of the site, including provision for the continuing maintenance of the roadside ditch, have been submitted to and approved in writing by the Local Planning Authority. Such approved drainage details shall be completed and become fully operational before the development hereby permitted is first brought into use. 

       

        Reason: In the interests of highway safety, in accordance with policy TA5 of the South Somerset Local Plan (2006-2028) and the provisions of chapter 4 of the National Planning Policy Framework.

       

09.   Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), all means proposed external lighting shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development hereby approved. Such details, as may be approved, shall be retained and not varied or added to without the prior written consent of the Local Planning Authority.

                                                                                                                                                                                                           

        Reason: In the interests of highway safety, to safeguard the amenities of the area and prevent unnecessary pollution of the night sky in accordance with policies TA5, TA6 and EQ2 of the South Somerset Local Plan and the provisions of chapters 4, 7 and 11 of the National Planning Policy Framework.

       

10.   There shall be no obstruction to visibility greater than 900mm above adjoining road level in advance of lines drawn 2m back from the carriageway edge on the centre line of the existing southern access and extending to a point on the nearside carriageway edge 33m in each side of that access. Such visibility shall be fully provided before the development hereby permitted is commenced and shall thereafter be maintained at all times.

         

        Reason: In the interests of highway safety, in accordance with policy TA5 of the South Somerset Local Plan (2006-2028) and the provisions of chapter 4 of the National Planning Policy Framework.

       

11.   The northern access to the site hereby permitted, shall only be used in the event of an emergency. Prior to the development hereby permitted first being brought into use, a scheme for the stopping up of said access in a manner that it is only available for emergency access, shall be submitted to and approved in writing by the Local Planning Authority. Such approved scheme shall thereafter be maintained at all times, unless otherwise agreed in writing by the Local Planning Authority.

           

    Reason: In the interests of highway safety, in accordance with policy TA5 of the South Somerset Local Plan (2006-2028) and the provisions of chapter 4 of the National Planning Policy Framework.

 

and the following additional condition and informative:

 

12.  No development hereby approved shall be carried out until details of the finished ground levels of the two proposed pitches to the north of the site have been submitted to and approved in writing by the Local Planning Authority. Such levels shall be relative to an ordnance datum or such other fixed feature as may be agreed in writing by the Local Planning Authority. The development hereby approved shall be carried out in accordance with said approved details and shall thereafter be maintained at all times.

       

In the interests of visual amenity in accordance with policy EQ2 of the South Somerset Local Plan and the provisions of chapter 7 and 11 of the National Planning Policy Framework.

 

Informative:

 

In relation to condition 6, the applicant should note that the Local Planning Authority does not give approval to the use of the material finishes submitted with the application. It is recommended that the applicant contacts the Local Planning Authority to discuss appropriate material finishes further.

 

(Voting: 9 in favour, 3 against)

Supporting documents: