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Agenda item

Application DM/2020/00883 - Variation of condition 3 of planning permission DM/2019/01480 to enable up to 4 touring caravans to be parked on site for the use permitted under planning permission DM/2019/01480, and removal of condition 4 (the limitation to a personal consent) from planning consent DM/2019/01480. Land Adjacent Sunnybank, A48 Crick to Parkwall Roundabout, Crick, Monmouthshire

Minutes:

We considered the report of the application and noted that the planning application had been considered by Planning Committee on 1st September 2020 where a split decision had been undertaken regarding the proposals to vary condition 3 and remove condition 4 of the previous planning consent DM/019/01480.   The Planning Committee resolved to refuse the removal of condition number 4 and agreed with the officer recommendation to reword the condition accordingly as outlined in the report of the application.   This element of the application has been determined.   

 

The Planning Committee deferred consideration of the variation of condition 3 which seeks to enable up to four touring caravans to be parked on site for the use permitted under planning permission DM/2019/01480.  This element of the application had been deferred to seek amended plans to demonstrate whether or not that up to four touring caravans could be accommodated on site plus space for parking and turning, as well as two park homes and utility blocks.  

 

The recommendation of officers is that the variation of condition 3 is approved to allow the site to accommodate up to four touring caravans at the site as outlined in the previous report of the application.  

 

Should Members not accept that recommendation, the report offered two reasons for refusal of the variation of condition 3, outlined below:

 

1. The siting of touring caravans at the site would represent an overdevelopment of the site that would have an unacceptable impact on the visual amenity of the area.  The development is therefore contrary to Policies DES1 (b) (c) (e), EP1 and LC5 of the adopted Monmouthshire Local Development Plan.

 

2. The siting of touring caravans at the site would have an unacceptable impact on highway safety given the inability for the caravans to be towed from the site safely contrary to the requirements of Policy MV1 of the Monmouthshire Local Development Plan.

 

The local Member for Shirenewton, also a Planning Committee Member, outlined the following points:

 

·         The decision today is to determine whether four touring caravans could be added to the site.

 

·         The local Member considers that nothing has changed since the original application.

 

·         To allow the four touring caravans is still an over development of this modest site with added visual amenity issues.

 

·         The local Member is pleased that the caravans are located at the top of the site and that scale plans have been provided.

 

·         The application site is a field in front of the Border Waste Crick site which is a shared joint access of the A48 Road.  The application site area is enclosed by a gate and timber fencing.

 

·         The land at the back of the application site is the former Border Waste Crick site consisting of a former quarried area which leads to a field next to the motorway.  It is presumed that the access is still owned by the original owner as the applicant only has a right of access over it.  There is no other access to the Border Waste land at the rear as it is next to the Motorway.

 

·         The land at the front area is positioned on a gradient falling from north to south and is defined by an embankment to the north and along part of the western boundary and a mature hedge to the east.  Access is gained via an existing driveway leading from the A48 to the south west of the site over which the applicant has a right of access.

 

·         In view of the gradient, the flat plateau area at the top is where the two park homes are situated. The problem with this slope means that the depth of the area for development is limited.

 

·         The three bedroomed park home is 13.4 metres long resulting in only about 4.5 metres of depth left of the total of 18 metres width. Two of the touring caravans are located below the three bedroomed park home on the plan and are close to the timber fence.  Each touring caravan is approximately 2.5 metres wide on the plan.  According to the plan, this means that the caravans are located within two or three metres of each other.

 

·         There is a slight downward slope in the land to the timber fence which is close to within a metre of where the two caravans may be located at the bottom edge of the flat plateau area.

 

·         Most of the Welsh Government Planning Guidance on gypsy and caravan site design is in relation to council sites which tend to have generous pitch sizes. The local Member quoted from paragraph 61 of the Welsh Government Planning Circular 005 2018, which is a planning circular for Gypsy, Traveller and Show People sites, published in June 2018 and is mentioned as a policy consideration in this Committee report.  The document states that caravans must be spaced at least six metres from any other caravan but the distance can be reduced to a minimum of 5.25 metres with fire related materials cladding being added.  The plan shows that these distances are not possible at this site as the caravans are within two or three metres of each other.

 

·         There has already been a reported incident of alleged arson in relation to this site when operating as stables with the timber fencing having shown areas of charring.

 

·         The caravans at the bottom of the three bedroomed park home are close to the timber fencing.  The parking is located at the top of the site with the overflow parking on the south west area of the site.

 

·         The access land also appears to have the cesspit septic tank in the same parking area. 

 

·         It is unclear how the joint access will maintained. The model standards for caravans which the planning Circular refers to, also states that the plans supplied must clearly illustrate the layout of the site including all relevant structures, feature and facilities on it and shall be of suitable quality.

 

·         The local Member had dimensions from the previous application of the three bedroomed park home which is 44 feet by 20 feet equivalent to 13.4 metres long by 6.09 metres as opposed to a width of 4 metres.

 

·         The local Member considers that the site is overdeveloped in line with the original Planning Committee decision from an examination of the plans supplied by the applicant.

 

·         To have an extra four touring caravans results in an overdevelopment of the site as overflow parking will be on the access area, potentially blocking the joint access for the Border Waste site with added highway safety and visual amenity concerns.

 

·         The local Member considered that it would have been more appropriate if the applicant had restricted the application to just two touring caravans on the embankment area at the top of the site, which would have been more reasonable for this modest site. One per mobile home which together with parking provision and an amenity block is what a pitch is normally seen as. Not twice the number of caravans to mobile homes.

 

·         The site is not large enough taking account of its topography.

 

·         The local Member considered that the application should be refused.

 

The Head of Planning responded as follows:

 

·         This is a private site that the Authority has allowed for gypsy and traveller use for a family to have a home.

 

·         As an Authority, we have a duty to provide an appropriate level of accommodation which meets the cultural heritage of the gypsy and traveller community. This is achieved via this planning application.

 

·         As a Council, we have allowed for two park homes to be located on this site for gypsy and traveller use.  However, we have not allowed any touring caravans to be used on the site which is a part of the cultural heritage of the gypsy and traveller community.

 

·         Evidence has been provided to show that the site can be justified to accommodate up to four touring caravans.

 

·         In the south of the site there is a 10 metre by 28 metre area.  In the top section of the site there is an 18 metre by 24 metre area.  In the turning area there is a 16.7 metre by 14.65 metre area. Therefore, there is ample space to manoeuvre a caravan within the turning area and to move it within the application site without any harm to highway safety.

 

·         In terms of the fire regulations, this is a private site.  The applicant would be required to obtain a caravan licence from the Environmental Health Officer.

 

·         The touring caravans would only be used by the family.

 

Having considered the report of the application and the views expressed, the following points were noted:

 

·         This is a private site which is allowed to have touring caravans parked on it. 

 

·         It has been demonstrated that there is ample room to accommodate up to four touring caravans.

 

The local Member summed up as follows:

 

·         Approval of the application would result in overdevelopment of the site.

 

·         This would result in overflow parking with the cess pit tank located on a joint access to which the applicant only has access to.  This could block access to the highway.

 

·         In terms of the definition of a pitch, the Monmouthshire County Council Gypsy and Traveller Pitch allocation policy states that a pitch is an area described to accommodate one household and includes an amenity block, mobile home, spaces for parking and touring caravan.  The Welsh Government designing gypsy and traveller sites provides a similar definition of a pitch but indicates that mobile home and static caravan are alternatives to each other.  The Monmouthshire County Council definition of a pitch refers to a pitch of a single caravan for each mobile home, not two caravans per mobile home which is being asked for on this modest site.  Therefore, Monmouthshire County Council has eight pitches that it needs. If two caravans were added to this site as opposed to four caravans then this would cover the normal standard for two pitches. The Council could still meet its obligations and deal with the issue of wanting caravans but without having four on the site.

 

·         Concern was expressed that the two caravans would be sited within one metre of the sloped embankment at the top of the site where the timber fencing is located.

 

·         We as an Authority have a duty to consider the safety of residents who live on the site.

 

·         It would be more appropriate to have two caravans on the site.

 

·         The first report had indicated that the site should be limited to the two park homes and the site should not be used for touring caravans as more than two park homes on the site would intensify use and would constitute unjustified development relative to the identified demand facilities evidenced by the Council’s Gypsy and Traveller accommodation assessment.  The increase in development would be unacceptable with regard to visual impact on the character and appearance of the application site and wider area in compliance with Local Development Plan (LDP) policies S13, S17, EP1 and DES1.

 

·         The local Member requested that the Committee refuses the application based on the grounds set out in report of the application.

 

The Head of Planning responded as follows:

 

·         With regard to the pitches, the site has been given for gypsy and traveller use and the Authority has allowed for the provision of a three bedroomed unit and a two bedroomed unit park home to be located on the site for a family.

 

·         This application is requesting for up to four touring caravans to be stored and used as auxiliary accommodation to the two mobile homes.

 

·         By not allowing this site to accommodate any touring caravans the Authority would be going against the advice within the gypsy and traveller design guidance with regard to providing appropriate accommodation for the gypsy and traveller family.

 

·         With regard to the pitches, the original planning application was for additional pitches for the extended family.  This has been defined for the applicant and his son.  The condition is being retained to ensure that it is kept for that purpose.

 

·         The application is not for the provision of any additional pitches, neither is it for any additional family members.

 

·         The site is significantly large enough to accommodate up to four touring caravans.

 

·         The Highways Department has considered the highways safety elements of the site.

 

·         There is no valid planning reason to refuse this application.

 

It was proposed by the local Member, County Councillor L. Brown that application DM/2020/00883 be refused on the grounds set out in report of the application. However, this was not seconded.

 

It was proposed by County Councillor R. Harris and seconded by County Councillor M. Powell that application DM/2020/00883 be approved, as follows:

 

That the variation of condition 3 is approved to allow the site to accommodate up to four touring caravans at the site as outlined in the previous report of the application. 

 

Upon being put to the vote, the following votes were recorded:

 

For approval             -           9

Against approval      -           2

Abstentions               -           2

 

The proposition was carried.

 

We resolved that application DM/2020/00883 be approved, as follows:

 

That the variation of condition 3 is approved to allow the site to accommodate up to four touring caravans at the site as outlined in the previous report of the application. 

 

 

Supporting documents: