Agenda item

Change of use of land to use as a residential caravan site for 4 Gypsy households with 5 caravans, including no more than 4 static caravans/mobile homes, together with the construction of driveway, laying of hardstanding and erection of ancillary amenity building, at land approximately 50 metres east of Stretton View, Padley Wood Lane, Pilsley.

 

(Planning Manager – Development Management)

 

The report to Committee explained that an Application had been submitted for the change of use of land to use as a residential caravan site for four Gypsy (the preferred nomenclature of the Applicant, rather than the term Traveller) households, together with the construction of a driveway, laying of hardstanding and the erection of an ancillary amenity building at land approximately fifty metres east of Padley Wood Lane, Pilsley. 

 

The Application had been referred to Committee by Local Ward Member, Councillor A Cooper, who had raised concerns about it.

 

Planning Committee was recommended to approve the Application. The report to Committee explained the reasons for this.

 

Officers stated that the location was already being used as a caravan site for Gypsy/Traveller accommodation. Hard surfacing had been laid upon the field, fencing had been installed on either side of a new access point and caravans were in place. 

 

Officers highlighted the contribution which the Development would make towards increasing Gypsey/Traveller accommodation in the District. They pointed out that although the Council could currently demonstrate that it had the required number of Gypsy / Traveller accommodation sites  for the next five years, this did not preclude other sites from being established.  In this context, they referred to the personal difficulties which the Applicant and their family had had in finding suitable Gypsy/Traveller accommodation sites locally and the problems which this had caused them.

 

Officers concluded that the benefits of providing additional Gypsy/Traveller accomodation would outweigh any other harm identifed. They recommended, therefore, that the Application be approved, subject to appropriate conditions.

 

Before the Committee considered the Application it heard from Local Ward Member, Councillor K Gillott. It also heard from the Applicant, K Sykes, who spoke in support of the Application.

 

Committee considered the Application. It took into account the site’s location in open countryside. It considered the relevant Local and National Planning Policies. These included the provisions of Local Plan Policy SS9, on the use of land in the countryside for Gypsy/Traveller accommodation, if it was in accordance with Local Plan Policy LC9 on the provision of Gypsy/Traveller sites.

 

Members discussed the Application. They discussed the improvements that would be required at the site. These included appropriate screening of the Development, replacing the current gravel entrance to the site and the installation of appropriate sanitation arrangements. They also heard about the measures to encourage biodiversity and to protect the nearby Local Wildlife site. Committee was informed how these issues would be addressed through the imposition of appropriate conditions.

 

Members discussed what weight ought to be given to the additional provision of Gypsy/Traveller accommodation in determining the Application. They took into account the officer assessment that the proposed Development would be in line with Local Plan Policy LC9 on the provision of Gypsy/Traveller sites and that it accords with the overall advice contained in the National Planning Policy Framework (NPPF) and in particular, the Planning Policy for Gypsy/Traveller Sites (PPTS).

 

 

At the conclusion of the discussion, Councillor T Lacey and L Hartshorne moved and seconded a Motion to approve the Application. The Motion was put to the vote and was agreed.

 

RESOLVED

 

That the Application be conditionally approved, in line with officer recommendations.

 

That the final wording of the conditions on the Application be delegated to the Planning Manager (Development Management).

 

Conditions

 

 1         The development hereby permitted shall be started within 3 years from the date of this permission.

 

 2         The development hereby approved shall be carried out in accordance with the details shown on the following drawings: Location Plan (dated 11.12.23), Post and Rail Fence (undated and unreferenced but as uploaded to the Council's web site dated 12.12.23), Drawing No.PBA4 (showing vertical wooden boarded fencing and as uploaded to the Council's web site dated 12.12.23), Site Layout Plan (showing a Bin Store and Treatment Plant, as uploaded to the Council's web site dated 01.03.24 and as given at Appendix A of this decision notice), the Amenity Block (dated October 2023 and as uploaded to the Council's web site dated 12.12.23) and the details set out in the submitted Design and Access Statement (dated 11.12.23) unless as otherwise required in conditions set out in this decision notice.

 

 

3       Permission is hereby granted for 4 caravan pitches only, laid out in accordance with the details shown on the approved Site Layout Plan. Each pitch shall only be used for the stationing and residential use of one static caravan, located as shown on the approved plan.

        

         In addition, permission is hereby granted for the stationing of one touring caravan (i.e. a caravan capable of being towed on the highway by a vehicle) only in accordance with the details shown on the approved drawings. No residential occupation of the touring caravan is permitted at any time.

        

         Twin unit caravans are not permitted.

 

 4      Within 14 days of the date of this permission, details of arrangements to receive any abnormal loads or unusually large vehicles at the site shall be submitted to and be approved in writing by the Local Planning Authority. The approved details shall then be adhered to throughout the implementation period of the permission, hereby granted.

 

5.      Permission is hereby granted for 4 pitches only for the sole use and occupation of travellers as defined in "Planning Policy for Traveller Sites (updated 19.12.2023)". Prior to the first, or any subsequent, occupation of any of the pitches, hereby approved, details of the pitch occupants shall be submitted to and be approved in writing by the Local Planning Authority. The pitch(es) shall then be occupied solely by the person(s) so agreed.

 

 6      Prior to their first stationing on the site, hereby approved, the precise details/specifications of any/all caravans to be stationed there shall be submitted to and be approved in writing by the Local Planning Authority. The details/specifications shall include the size, type and design, including the sound insulation specification, of each caravan. Only those caravans so approved shall then be installed/placed on the site and no other caravans shall be located there.

 

7       Within 28 days of the date of this permission, details of the existing ground levels, the proposed finished levels of the hardstanding area and of the amenity building, hereby approved, and the proposed finished ground levels of the remainder of the site, relative to a datum point which is to remain undisturbed during the development, shall be submitted to and be approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details and the levels shall be retained as such thereafter.

 

8       Notwithstanding any other submitted details, only those fences/boundary treatments expressly shown on the approved Site Layout Plan, or as otherwise agreed by condition of this decision notice, shall be erected/placed or located on the site. 

        

         Notwithstanding the provisions of Article 3(1) of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), (or any Order revoking and re-enacting that Order) no other means of enclosure/boundary treatments shall be erected/constructed/placed on the site without first obtaining planning permission.

 

 9      Notwithstanding any other submitted details, within 28 days of the date of this permission, details, and a timetable for their implementation, of the site entrance forward of the proposed amenity block towards Padley Wood Lane and any gates or other means of enclosure/planting proposed within the area shall be submitted to and be approved in writing by the Local Planning Authority. The agreed scheme shall then be implemented as approved and be retained as such thereafter.   

 

 10    Notwithstanding any other submitted details, prior to the first occupation of any caravan on the site, the following shall be submitted to and be approved in writing by the Local Planning Authority:

 

a)     a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land,

b)     the details of any trees and hedgerows to be retained, together with measures for their protection during development,

c)     a schedule of proposed plant species, size and density and planting locations (indicating that all trees to be planted shall meet the definition of "heavy stock" in BS 3936-1 on first planting) and

d)     an implementation programme.

 

11     All planting, seeding or turfing in the approved scheme of landscaping agreed under the terms of condition 7 above shall be carried out in the first planting and seeding season following the first occupation of any caravan on the site. Any trees or plants which within a period of 5 years from the first occupation of the fourth of the approved pitches, hereby approved, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species.

 

12     Within 28 days of the date of this permission, detailed designs shall be submitted to and be approved in writing by the Local Planning Authority, for the storage of plant and materials, site accommodation, loading, unloading and manoeuvring of goods vehicles, and parking and manoeuvring of employees and visitors vehicles. The approved scheme shall then be implemented within 7 days of any approval being given and it shall be retained free from any impediment to its use throughout the construction period of the site.

 

13     No more than 5no. cars and 4no. light goods vehicles/public carrier vehicles shall be parked/stored or retained on site at any one time. Within 28 days of the date of this permission, notwithstanding the details shown on the approved Site Layout Plan, a plan showing the location of parking for the 9no. vehicles (in total) shall be submitted to and be approved in writing by the Local Planning Authority. The vehicles shall then only be parked within the allotted areas and the remainder of the site shall be retained free from vehicle parking at all times.

 

14     Notwithstanding any other submitted details, prior to the first occupation of any caravan on the site, the access shall have been provided as shown on the Site Layout Plan with a width of a minimum of 5 metres, a gradient of no more than 1/20 for a distance of at least 10 metres behind the highway boundary and the first 5 metres of the driveway back from the highway boundary shall have been surfaced in a solid, hardbound material. Once installed as such, the access and driveway shall be retained as agreed thereafter.

 

15     Prior to the first occupation of any caravan on the site, visibility splays shall be provided from a point 0.6m above carriageway level at the centre of the access to the application site and 2.4 metres back from the near side edge of the adjoining carriageway, (measured perpendicularly), for a distance of 60 metres to the west and 50 metres to the east, measured along the nearside edge of the adjoining carriageway and offset a distance of 0.6 metres from the edge of the carriageway. These splays shall thereafter be permanently kept free of all obstructions to visibility over 0.6m in height above carriageway level.

 

16     No caravan, hereby approved, shall be occupied until the area identified on the approved plans for the storage of bins and the collection of waste in relation to the site have been provided in full. The approved facilities shall then be retained as such thereafter.

 

17     Notwithstanding the provisions of Article 3(1) of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), (or any Order revoking and re-enacting that Order) no development otherwise permitted by Part 5, Class B of the Order shall be erected/constructed/undertaken without first obtaining planning permission.

 

18     The site, hereby permitted, shall be used for residential uses only and not for any trade, business or commercial purposes.

 

19     No vehicle over 3.5 tonnes shall be stationed, parked or stored on the site, the subject of this permission.

 

20     Within 28 days of the date of this permission the precise materials that will be used to clad the approved amenity block (walls and roofing) shall be submitted to and be approved in writing by the Local Planning Authority. The amenity block shall then be clad in accordance with the approved details prior to its first use as such and then be retained as agreed thereafter.

 

21     Before the first occupation of any caravan on the site, as hereby approved, details of the proposed package treatment drainage plant (TP), including its precise location and specification, shall be submitted to and be approved in writing by the Local Planning Authority. The TP shall then be installed as approved and be maintained as such thereafter.

 

22     Prior to the first occupation of any caravan on the site, hereby approved, details of the disposal of surface water drainage and any discharge to a public sewer(s) shall be submitted to and be approved in writing by the Local Planning Authority.

                       

         The approved scheme shall then be implemented as approved prior to the first occupation of any caravan on the site and be retained as such thereafter. There shall be no piped discharge of surface water from the site prior to the completion of all approved surface water drainage works.

 

23     Prior to the first occupation of any caravan on the site, a Biodiversity Enhancement and Management Plan (BEMP), including a timetable for its implementation and a schedule of future management, shall be submitted to, and be approved in writing by, the Local Planning Authority.

        

         The scheme shall include, but not be limited to:

 

(a)     A description and location of habitat features to be retained, created, enhanced and managed. These should include native mixed bird-friendly hedgerows, native tree planting, flowering amenity lawn and wild bird seed mixes at margins.

(b)     The rationale for habitat choices and how these will benefit local species.

(c)     Appropriate management methods and practices.

(d)     Prescriptions for management actions, including a work schedule capable of being rolled forward in perpetuity.

(e)     Details of the body or organization responsible for implementation of the plan.

(f)      A monitoring schedule to assess the success of the habitat creation and enhancement measures at intervals of 1, 2, 3, and 5 years.

(g)     Monitoring reports to be sent to the Council at each of the intervals above.

(h)     A set of remedial measures to be applied if conservation aims and objectives of the plan are not being met.

(i)       Detailed habitat enhancements for wildlife, including pole-mounted owl box(s) at the periphery and habitat piles.

(j)       Details of proposed lighting, if any is required, to demonstrate no lightspill to the adjacent Ancient Woodland.

(k)     Requirement for a statement of compliance upon completion of planting and enhancement works. (cont’d…)

 

The approved scheme shall then be implemented in full as agreed and then be retained and implemented thereafter in accordance with the approved details.

        

Within 1 month following the full implementation of the approved measures, photographs showing the approved features in situ shall be submitted to the Local Planning Authority.

 

24     Prior to the first occupation of any caravan on the site, hereby approved, a plan showing any/all external lighting that is to be installed/placed/erected in or on the site shall be submitted to and be approved in writing by the Local Planning Authority. Only the external lighting agreed as such shall then be installed/placed or erected on the site and no other external lighting shall be installed/placed or erected.

 

Reasons for Conditions

 

1         To comply with the provision of Section 91 (as amended) of the Town and Country Planning Act 1990.

 

 2         For clarity and the avoidance of any doubt

 

3         For clarity and the avoidance of any doubt, as this is specifically what the application was made for, as twin caravan units are not considered compatible with the site's countryside location and in the interest of the character and appearance of the site and the surrounding area.

 

4         In the interest of highway safety and in the interests of safe operation of the adopted highway in the lead into development during the construction phase of the development.

 

5         For clarify and the avoidance of doubt, as this is what the application has specifically sought and in the interest of the character and appearance of the site and the surrounding area.

 

6         For clarify and the avoidance of doubt, as no details have been submitted, in the interest of the character and appearance of the area and to protect the amenity of future occupants of the site.

 

 7         As no details of levels have been submitted, to provide clarity and avoid any doubt and in the interest of the character and appearance of the area.

 

8         For clarify and the avoidance of doubt, as this is how the application was made, and in the interest of the character and appearance of the area and to protect the amenity of future occupants of the site.

 

9         As no details of how the area will be enclosed or details of the gate indicated on the submitted plans have been submitted and in the interest of the character and appearance of the area. 

 

10        In the interest of the character and appearance of the area and as indicative landscaping only is shown on the submitted plans.

 

11        In the interest of the character and appearance of the area

 

12        In the interest of highway safety and to ensure that the public highway is not restricted in its use during the implementation phase of this permission.

 

13        For clarity and the avoidance of any doubt, as this is the number of vehicles prescribed on the application forms and to protect the character and appearance of the area by ensuring parking is undertaken in an acceptable location.

 

14        In the interest of highway safety.

 

15        In the interest of highway safety.

 

16        In the interest of highway safety and to provide appropriate waste collection facilities.

 

17        The site is located within a countryside location where the control of any future/further development should be controlled in the interest of protecting the character and appearance of the area.

 

18        For the avoidance of any doubt, others uses/activities may be incompatible with the site’s rural character and to ensure the site is used sympathetically, compatible with its countryside location.

 

19        As the site is for residential use only, for the avoidance of any doubt, and to ensure the site is used sympathetically compatible with its rural and countryside location.

 

20        For clarity and the avoidance of any doubt as the materials originally proposed are considered incompatible with the rural location of the site.

 

21        For clarity, the avoidance of any doubt, no specific details have been submitted and to ensure the site is properly drained.

 

22        To ensure that no surface water discharges take place until proper provision has been made for its disposal and in the interest of sustainable drainage.

 

23        In the interest of providing a net biodiversity gain, the character of the area and in the interest of protecting nesting birds.

 

24        For clarity and the avoidance of any doubt, no detail shave been submitted, in the interest of protecting ecology on or near the site and to ensure that the site is lit in manner compatible with its rural location.