Agenda item

Extension to existing Gypsy and Traveller site with 10 additional pitches, each pitch to consist of 1 Mobile Home, 1 Touring caravan and parking.

Public Participation

Quentin Skinner spoke in objection to the application.

Dr Simon Ruston spoke in support of the application.

Cllr John Jordan, Chairman of Mere Town Council spoke in objection to the application.

 

Lynda King, Senior Planning Officer, introduced a report which recommended that the application for an extension to an existing Gypsy and Traveller site with 10 additional pitches, each pitch to consist of 1 Mobile Home, 1 Touring caravan and parking be approved, subject to conditions.

 

The officer drew attention to an addendum to the report, from the Spatial Planning Team, which was published in agenda supplement 1 and stated that any pitches granted at the meeting would be counted towards supply. Furthermore, the pitch requirement for 2024 – 29 had been updated to 81. 

 

Key details were stated to include the principle of development, impact on Highways and the impact on character, appearance and visual amenity of the locality. 

 

The officer highlighted that there was already 1 pitch on site, so if granted the proposal would increase that to 11 pitches. The proposal included no permanent structures, so the pitches would not have day rooms, as this was the preference of the applicant. The existing access to the site would be utilised. The proposal also included installation of a sewage treatment plant and surface water treatment. Mere was the local service centre for the site.

 

The officer ran through the report and also showed the slides for the application to the Committee (these were also published in agenda supplement 1).

 

The relevant core policies were highlighted, in particular core policy 47, meeting the needs of gypsies and travellers. This policy had criteria against which gypsy and traveller pitches should be compared and these were explained in detail both at the meeting in the report. The officer felt that the application met the criteria.

 

It was noted that guidance in the National Planning Policy Framework (NPPF) on the planning definition of gypsies and travellers had been updated to ‘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 or permanently, but excluding members of an organised group of travelling showpeople or circus people travelling together as such.’ Only people which met these criteria would be able to live on the site.

 

There had been significant local opposition to the application. However, there had been no objections (some subject to conditions) from the Arboriculturist, Archaeology, Ecology, Drainage, Highways or Public Protection. Therefore, the application was recommended for approval.

 

Members of the committee then had the opportunity to ask technical questions of the officer. Details were sought on the legal weight of the emerging Gypsy and Traveller Development Plan and the assessment. It was clarified that the Gypsy and Traveller Development Plan carried very limited weight at present, as the plan had yet to be approved. However, the Gypsy and Traveller Accommodation Assessment had been carried out by independent assessors and the need of 81 pitches was correct. The assessment was being used to inform the Gypsy and Traveller Development Plan.

 

Members also queried the sustainability of the site; the safety of the road; the lack of day rooms; refuse collections; whether services in the area could cope; parking spaces; the boundary of the site; who controlled who would live at the site and whether they met the planning definition of Gypsies and Travellers.

 

Members of the public then had the opportunity to present their views to the committee as detailed above.

 

The neighbouring unitary division member, Cllr Bridget Wayman (Nadder Valley) then spoke in relation to the application. Cllr Wayman raised concerns about the speed of traffic on the road and the fact that there was a hill quite close to the entrance, meaning traffic cresting the hill would have limited time to react if there were traffic at the site (for example refuse lorries). Cllr Wayman requested that a traffic survey be undertaken prior to the Committee making their decision.

 

The unitary division member, Cllr George Jeans (Mere) then spoke to the application. Cllr Jeans highlighted that Mere Town Council had objected to the application and had stated that flooding was an issue at the site. Cllr Jeans also raised concerns regarding the road; (the fact that it had no pavement and was a fast road); the density of the site; whether the site could be properly serviced and the number of parking spaces. In relation to the boundary to the site, Cllr Jeans hoped that hedgerows planted at the boundary would not be deciduous, to help with screening the site year round. Cllr Jeans stated that he did not feel the application met all the criteria at Core Policy 47. 

 

Cllr George Jeans proposed that the application be deferred so that a highways assessment / traffic survey could be undertaken. This was seconded by Cllr Chirstopher Newbury.

 

Members debated the proposal to defer the application. Some Members felt there was a discrepancy between what Highways Officers stated and local knowledge regarding the speed people traversed the road. The officer read out the Highways Officer comments (at pages 40 and 41 of the agenda) and stated that the Highways Officer had carried out a thorough assessment and had visited the site.

 

During further discussion some Members stated that they did not want to defer the application and that a decision should be made. Member then voted on the proposal to defer the application to get a highways assessment / traffic survey. Following a vote the motion was lost.

 

Cllr Adrian Foster then proposed that the application be approved with conditions as per the officer recommendation. This was seconded by Cllr James Sheppard.

 

Members then debated this proposal, and various issues were discussed, such as that they could not refuse on Highways grounds. Concerns were raised regarding the location of the bus stop. Which was some way from the site, down a fast road, with no pavement. Some Members felt that this would make it difficult for any children on site to get to school, and that transport costs for that may then fall to the council. Some suggested that if the application as approved a condition be added that any costs resulting from providing school transport be covered by the applicant. Concerns were also raised regarding the density of the site. Further concerns were raised regarding the access, and the brick wall which had been built at the entrance, which it was felt may block visibility. Also discussed was what would happen with refuse collections as there was no bin store on site and bins along the road would be unsightly and could cause visibility / safety issues.

 

Sarah Hickey, a Wiltshire Council solicitor, stated that the schooling aspect was not a material consideration as the law stated that you could not use this reason as a refusal for planning application.

 

During debate amendments to the proposal were discussed including adding a condition that the wall at the entrance be taken down and that no non-deciduous planting be used for the boundary hedging. Another amendment was to add a condition for a bin store on the site. Furthermore, an amendment to add a condition that commercial vehicles, such as construction traffic, did not remain on site. All of these amendments were accepted as friendly amendments to the proposal by Cllr Foster and Cllr Sheppard.  Following this the amended motion was put to the vote and it was:

 

Resolved:

 

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

 

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

 

REASON: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

2)    The development hereby permitted shall be carried out in accordance with the following approved plans:

 

Location Plan, Drawing no. MD22-SLP Rev A,  received on 17th November 2022

Site Layout Plan and Drainage layout, Drawing no. 0500 Rev P3 received on 10th April 2024

 

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

 

3)    No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include :-

 

·       a detailed planting specification showing all plant species, which shall not include non-native species or conifers, supply and planting sizes and planting densities;

·       all hard and soft surfacing materials

·       car parking layout and the removal of the brick pillars, walling and gates serving the existing access.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and/ the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

4)    All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner; All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority. All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

5)    No development shall commence on site until a scheme for the discharge of surface water from the site/phase, including sustainable drainage systems and all third party approvals, has been submitted to and approved in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority.

 

REASON: To comply with Core Policy 67: Flood Risk within the Wiltshire Core Strategy (adopted January 2015) and to ensure that the development can be adequately drained without increasing flood risk to others.

 

6)    No development shall commence on site until a scheme for the discharge of foul water from the site/phase, including all third party approvals, has been submitted to and approved in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority.

 

REASON: to ensure that the development can be adequately drained without increasing flood risk to others.

 

7)    No new external lighting shall be installed on site until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Professionals in their publication “Guidance Note 01/21 The Reduction of Obtrusive Light” (ILP, 2021)”, have been submitted to and approved in writing by the Local Planning Authority. The approved lighting shall be installed and shall be maintained in accordance with the approved details and no additional external lighting shall be installed.

 

REASON: In the interests of the amenities of the area and to minimise unnecessary light spillage above and outside the development site.

 

8)    No development shall commence within the area indicated by the red line boundary on Site Location Plan MD22-SLP Revision A until:

a)  A written programme of archaeological investigation, which should include on-site work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved in writing by the Local Planning Authority; and

b) The approved programme of archaeological work has been carried out in accordance with the approved details.

REASON: In order to record and advance understanding of the significance of any heritage assets to be lost in a manner proportionate to their importance and to make this evidence and any archive generated publicly accessible in accordance with Paragraph 205 of the NPPF.

 

9)    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re- enacting or amending that Order with or without modification), no buildings or structures, or gate, wall, fence or other means of enclosure, other than those shown on the approved plans, or the subsequently approved landscaping and means of enclosure plans, shall be erected or placed anywhere on the site on the approved plans.

 

REASON:  To safeguard the character and appearance of the area.

 

10)The site shall not be occupied by any persons other than gypsies and travellers, defined as persons of a 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 or permanently, but excluding members of an organised group of travelling showpeople or circus people travelling together as such.

 

REASON: Planning permission has only been granted on the basis of a demonstrated unmet need for accommodation for gypsies and travellers and it is therefore necessary to keep the site available to meet that need.

 

11)No more than 20 caravans, as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968 as amended, of which no more than 10 shall be static caravans, shall be stationed on the site at any time in accordance with the Proposed Site Layout Plan, received on 10 April 2024.

 

REASON: In the interests of the appearance of the site and the amenities of the area, and to limit the number of caravans on the site in this countryside location where planning permission would not normally be granted.

 

12)No vehicle over 3.5 tonnes shall be stationed, parked or stored on this site, and no commercial activity or use, including the storage of materials and waste, shall be carried out on the site. This condition is effective on the substantial completion of the development hereby approved to ensure that no commercial vehicles used in connection with the construction of the site remain in situ once the scheme is complete.

 

REASON:  In the interests of the appearance of the site and the amenities of the area.

 

13)Prior to first occupation of any dwelling pitch hereby permitted the access shall be provided with visibility with nothing to exceed the height of 600mm above carriageway level between the carriageway edge, and a line drawn from a point 2.4 metres back along the centre line of the access from the carriageway edge, to points on the nearside carriageway edge 160 metres to the south and 105 metres to the north. The visibility so provided shall thereafter be maintained.

 

REASON: In the interests of highway safety.

 

14)Prior to first occupation of any dwelling pitch hereby permitted the access hereby permitted shall be surfaced over the first 6 metres from the carriageway edge in a well-bound consolidated material (not loose stone or gravel).

 

REASON: In the interests of highway safety.

 

15)Any gates erected on the access shall be erected at least 6 metres from the carriageway edge and made to open inwards (away from the carriageway) only.

 

REASON: In the interests of highway safety.

 

16)Prior to the first occupation of any dwelling pitch hereby permitted, a plan showing the location of bin storage facilities adequate to accommodate the number of bins provided to the individual pitches shall be submitted to, and approved in writing by, the Local Planning Authority. The bin storage area shall thereafter be laid out in accordance with the approved plans and maintained for the life of the development.

 

REASON: to ensure that sufficient waste storage facilities can be provided on site in a location where the bins can be safely collected to prevent highway danger.

 

 

Informative Notes

 

1)    The applicant should note that under the terms of the Wildlife and Countryside Act (1981) and the Habitats Regulations (2010) it is an offence to disturb or harm any protected species including for example, breeding birds and reptiles. The protection offered to some species such as bats, extends beyond the individual animals to the places they use for shelter or resting. Please note that this consent does not override the statutory protection afforded to any such species.  In the event that your proposals could potentially affect a protected species you should seek the advice of a suitably qualified and experienced ecologist and consider the need for a licence from Natural England prior to commencing works.  Please see Natural England’s website for further information on protected species.

 

2)    Consultation with the Environment Agency is likely to be required in relation the purposed package treatment plant.

 

Wiltshire Council is the land drainage authority under the Land Drainage Act 1991. Land drainage consent is required if a development proposes to discharge flow into an ordinary watercourse or carry out work within 8m of an ordinary watercourse.

 

An ordinary watercourse is a watercourse that does not form part of a main river. The term watercourse includes all rivers and streams and all ditches, drains, cuts, culverts, dikes, sluices, sewers (other than public sewers within the meaning of the Water Industry Act 1991) and passages, through which water flows

.

Wiltshire Council’s land drainage bylaws can be downloaded here. The land drainage consent application form and guidance notes can be found on our website here.

 

The applicant should note that LDC will be required for both the surface water and sewage treatment outlet discharges. For the sewage treatment outlet LDC, the applicant will need to include evidence that the General Binding Rules have been met.

 

3)    In relation to Condition 8 above, the watching brief should comprise the archaeological monitoring and recording of any ground works that have the potential to impact on buried archaeological remains. The programme of archaeological work will conclude with the preparation of a report on the results of the exercise.