FOR CONSIDERATION BY Planning Committee on Monday, 25 June 2018 REPORT PREPARED BY Assistant Director Place

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1 Agenda Item 16. Application Expiry Date Parish Ward Number /06/2018 St Nicholas, Hurst Hurst; Applicant Site Address Land Adjacent To Cartref Farm, Islandstone Lane Wokingham Reading RG10 0RU Proposal Application to vary conditions 4 (approved plans) and 5 (number of caravans on site) of planning consent to increase the number of caravans on site from 2 caravans to 4 (no more than 2 being static caravans), thereby increasing the number of gypsy pitches from 1 to 2. Type Minor Gypsy and Traveller pitches (1-9) PS Category 515 Officer Daniel Ray Reason for Listed by Councillor Smith determination by committee FOR CONSIDERATION BY Planning Committee on Monday, 25 June 2018 REPORT PREPARED BY Assistant Director Place SUMMARY Whilst the application is to vary a number of conditions to planning consent , which grants planning permission for the permanent occupation of the application site, the proposed variation to the approved plans and limit to the number of caravans from 2 to 4 (2 static 2 touring) essentially seeks to create an additional pitch at the existing site but would also result in the relocation of the existing stable. The current Need and Supply position within Wokingham Borough appears to be very healthy despite the applicant consistently arguing that there is a current unmet need within the Borough. Whilst the Council maintain that the Borough has a 5 Year Supply of GRT pitches, each application should be assessed on their own merits. In this instance the proposed occupants would be the parents of Mr Giles, a current occupier. Planning Policy for Traveller Sites (PPTS), the national policy for GRT applications, outlines that personal circumstances of applicants should be weighed in the planning balance and there is a strong will for family units to be sited together where appropriate. The site is previously developed land, the principle of development for use of the site as a GRT site is already established and it is not proposed to extend the size of the site but instead intensify the permitted use. As a result it is the harms associated with the intensification of use, the replacement stable and the additional caravans that needs to be considered. It is considered the additional movements to and from the site would not have a negative impact on highway safety and the existing access is suitable for the proposed intensification. The level of permeable surface that allows for the infiltration of rain water is not reduced to a level that was cause additional flooding issues on the site. The introduction of an additional two caravans in the location proposed and the replacement stable would not have a detrimental impact on the character of the area to the level that would warrant refusal. 117

2 Subject to the conditions outlined in this report, the proposed development is recommended for approval. PLANNING STATUS Countryside Flood Zone 2 Groundwater Protection Zone Land Liable to Flood Wind Turbine Safeguarding Zone RECOMMENDATION That the committee authorise the GRANTS PERMISSION TO VARY A CONDITONAL PLANNING PERMISSION subject to the following: Conditions and informatives: Conditions: 1. Temporary Consent Previously removed 2. Restoration Previously removed Varied conditions: Condition 3, varied: 3. The site shall not be occupied by any persons other than gypsies and travellers as defined in Annex 1 of Planning Policy for Traveller Sites (August 2015) (or any policy revoking and re-enacting that policy with or without modification) Reason: To ensure continuing provision for the needs of the gypsy population. Relevant Policy: Planning Policy for Traveller Sites (August 2015), Core Strategy Policy CP2 and Managing Development Delivery Local Plan Policy TB10. Condition 4, varied: 4. The development hereby permitted shall be carried out in accordance with the following approved plans: 09_290B_001, 09_290B_003 and 09_290B_004, received by the local planning authority on 10 January 2018 and plans previously approved: 09_290_005, 09_290_007. Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the application form and associated details hereby approved. Condition 5, varied: 5. No more than 4 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) shall be stationed on the site at any time in the positions marked on plan number 09_290B_

3 Conditions with no change: 7. No vehicle over 3.5 tonnes shall be stationed, parked or stored on this site. 8. No commercial activities shall take place on the land, including the storage of materials. 11. No trees, shrubs or hedges within the site which are shown as being retained on the approved plans shall be felled, uprooted, wilfully damaged or destroyed or cut back in any way o removed without previous written consent of the local planning authority. Any works on the site s existing hedgerows and trees shall be carried out outside the period 1st March to the 31st August inclusive in any year, unless otherwise agreed in writing by the local planning authority. 12. No walls, fences, gates or other means of enclosure shall be erected on the site (including at the access mouth) other than those shown on the approved plans. Discharged Conditions Conditions 6, 9, 10, 13, 15 and 16 of the original planning permission (F/2010/2695 have been formally discharged through application C/2012/1529. Letter dated 8th May 2013 and that planning permission was lawfully implemented in accordance with the requirements of condition 1 (now removed). The requirements of the conditions and or the details submitted and agreed by the local planning authority as per the letter dated 8 th May 2013 shall be in effect in perpetuity. Additional Conditions 13. External materials Before the stable is constructed, samples and details of the materials to be used in the construction of the external surfaces of the building shall have first been submitted to and approved in writing by the local planning authority. Development shall not be carried out other than in accordance with the so-approved details. Reason: To ensure that the external appearance of the building is satisfactory. Relevant policy: Core Strategy policies CP1 and CP3 14. Landscaping Prior to the first occupation of a second pitch on the site, full details of both hard and soft landscape proposals shall be submitted to and approved in writing by the local planning authority. These details shall include, as appropriate, proposed finished floor levels or contours, means of enclosure, car parking layouts, other vehicle and pedestrian access and circulation areas, hard surfacing materials and minor artefacts and structure (e.g. furniture, play equipment, refuse or other storage units, signs, lighting, external services, etc). Soft landscaping details shall include planting plan, specification (including cultivation and other operations associated with plant and grass establishment), schedules of plants, noting species, planting sizes and proposed numbers/densities where appropriate, and implementation timetable. All hard and soft landscape works shall be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a timetable approved in writing by the local planning authority. Any trees or plants which, 119

4 within a period of five years after planting, are removed, die or become seriously damaged or defective, shall be replaced in the next planting season with others of species, size and number as originally approved and permanently retained. Reason: In the interests of visual amenity. Relevant policy: Core Strategy policy CP3 and Managing Development Delivery Local Plan policies CC03 and TB21 (and TB06 for garden development) 15. Additional Lighting Prior to the installation of any further external lighting, details of the lighting shall be submitted to and approved in writing by the local planning authority and shall be installed in accordance with the approved plans. Reason: In the interests of amenity. Relevant policy: NPPF Section 11 (Conserving and Enhancing the Natural Environment), Core Strategy policies CP1, CP3 and CP11 and Managing Development Delivery Local Plan policy TB21 PLANNING HISTORY Application Number Proposal Decision F/2010/2695 Application for change of use of land for the stationing of caravans for the residential purpose for 1 no. gypsy pitch together with the formation of additional hardstanding, stable block and utility/dayroom ancillary to that use Application to remove condition 1 of appeal planning consent F/2010/2695 to allow permanent occupation of the gypsy pitch on the site. Refused 21/4/2010, allowed by appeal ( ) 30/01/12 Approved 28/4/2016 SUMMARY INFORMATION For Residential Site Area Existing No of Pitches Proposed No of Pitches Existing No of Caravans Proposed No of Caravans CONSULTATION RESPONSES WBC Drainage WBC Environmental Health WBC Highways WBC Tree & Landscape 0.5ha (1 Static, 1 Touring) 4 (2 Static, 2 Touring) No objection however further details were requested relating to drainage. No objection No objection No objection REPRESENTATIONS Hurst Parish Council: None received Neighbours: 11 letters of objection were received. The objections are summarised below: 120

5 - Outside development limits (CP9 and CP11) para s The Council has sufficient supply of Gypsy Pitches para s There is no justification to increase the number of pitches - para s No extenuating circumstances - para s In a Flood Zone and further hardstanding would increase the risk of flooding para s Poor access to public transport, no paths, lighting etc. para s Road safety fears with increased traffic para s Loss of amenity plus large stable bloc on the perimeter of the site would be an eyesore para s Existing planting would not hide the stables in the new position - para s Available pasture on the site is insufficient for more horses - The owners have reduced the site of the existing mobile home, giving an artificial case for their being room for a second caravan. - More applications will come in to increase the number of pitches - Lack of mains drainage para s Rely on recent appeal decisions regarding supply - para s APPLICANTS POINTS The site is previously developed land There would be no harmful impact on the character of the area It would allow for the parents to live close to their child as they grow old. PLANNING POLICY National Policy NPPF National Planning Policy Framework PPTS Planning Policy for Traveller Sites (August 2015) Adopted Core Strategy DPD 2010 CP1 Sustainable Development Adopted Managing Development Delivery Local Plan 2014 CP2 CP3 CP6 CP7 CP9 CP11 CC01 CC02 CC03 CC04 CC07 CC09 CC Inclusive Communities General Principles for Development Managing Travel Demand Biodiversity Scale and Location of Development Proposals Proposals outside development limits (including countryside) Presumption in Favour of Sustainable Development Development Limits Green Infrastructure, Trees and Landscaping Sustainable Design and Construction Parking Development and Flood Risk (from all sources) Sustainable Drainage

6 Supplementary Planning Documents (SPD) TB21 Landscape Character TB23 Biodiversity and Development BDG Borough Design Guide Section 4 PLANNING ISSUES Description of Development: 1. The application proposes to vary Condition 4 (approved plans) of planning consent to create an additional pitch at the existing site. To facilitate this Condition 5 (number of caravans) is requested to be varied to allow for the increase of 2 caravans, of which 1 must be static, to 4 caravans where 2 would be static. 2. In addition to the increased number of pitches/caravans, the alteration to the approved plans would allow for the demolition of the existing stable, (where the new static caravan would be sited) and erect a new stable towards the eastern boundary which is at the front of the site. 3. The proposed stable would be L shaped, with horizontal timber boarding under a plain tiled roof. The length of each wing would be 11.3m and 9.3m with and a width of 4m. No windows or doors are proposed on the outer walls (facing the highway) however doors and openings would be present on the inner face, opening inwards towards the site. The stable would have room for 2 horses, a tack room and a hay store. Principle of Development: 4. The National Planning Policy Framework has an underlying presumption in favour of sustainable development which is carried through to the local Development Plan. The Managing Development Delivery Local Plan (MDD) Policy CC01 states that planning applications that accord with the policies in the Development Plan for Wokingham Borough will be approved without delay, unless material considerations indicate otherwise. 5. In this instance, the principle of development is acceptable. The site is an existing Gypsy and Traveller site. This was established by appeal under APP/X0360/A/11/ pursuant to application number F/2010/2695 whereby the sole reason for non-permanent permission was due to the potential danger of flooding to the occupiers; however, the arrangements made on site and the large area of permeable surface ensured that the danger to future occupants was overcome, therefore permanent consent was granted under It is accepted that the proposed increase in pitches would not constitute a material change of use of the land in this instance. 6. As the site is already in existence and the use established, the principle of development, i.e. use of the land for domestic occupation for Gypsy and Travellers is acceptable. The proposed development does however need to be assessed in the context of all other material considerations with the intensification of the use of the site a key part of this. Character of the Area (Including Landscape and Trees): 122

7 7. The introduction of a new stable at the front of the site would not be out of keeping with the prevailing character of the area, i.e. a rural area with a large amount of equine uses with a number of farm and equestrian structures in close proximity to the site. The scale of the building, whilst larger than the previous stable is not out of scale with other stables or out buildings within the area. 8. Whilst the stable would not be unsurprising structure in the area the introduction of a second static caravan, which would be located to the rear of the site, would introduce a feature (another caravan) not associated with the landscape. Notwithstanding this, the Inspectorate found that the sensitivity of this particular location could accommodate a Gypsy and Traveller site including all domestic paraphernalia associated with it. The new location of the stable and existing mobile home would limit views from the entrance of the site so much that from this location, it would not appear overly dominant on the landscape or have a detrimental impact on the character of the area. 9. In spite of this, the existing stable (the location of the proposed second mobile home) is very visible from the south, most notably just south of the corner of Nelsons Lane and Islandstone Lane. At present, the use of natural material (dark stained wood) helps to blend the stable in to the back heavily planted backdrop. The mobile home would have a much greater impact due to the visibility of a material that is much harsher against the verdant backdrop. 10. However, this is in part due to a lack of landscaping and planting along the southern boundary of the traveller site. Through appropriate and well-designed planting using native species and hedgerow could be formed that would lessen the impact of the proposed additional mobile home as well as the existing home. As a result through the submission of additional details assured by the imposition of a new landscaping condition, the overall impact of both the proposed and existing mobile home could be lessened and an improvement to the overall character of immediate area strengthened from the current scenario. 11. Similarly, there are opportunities to improve the character of the front of site, adjacent to Islandstone Lane by enhancing existing planting and the hedgerow with more native species, thus softening the introduction the stable in this location against the street scene. The proposed stable and mobile home would not have a negative impact on any existing trees or planting. 12. Subject to an appropriate condition, the proposed introduction of a new mobile home, touring caravan, demolition of the existing stable and a new stable erected towards the front of the site is considered acceptable as the harm to the character of the area associated with increased residential occupation as well as built form can be mitigated through a well-designed landscape and planting scheme. Access and Movement: 13. The site is accessed off Islandstone Lane, hardstand extends to a gate that is set back from the road beyond which is a large area of gravel. Ample space for parking of at last 8 vehicles is present and despite an additional pitch being proposed, this level of parking would remain. 14. No objection was received from highways regarding this proposal. It is noted that a number of comments were received regarding the standard of Islandstone Lane 123

8 which is single lane and is stated to be unsafe in objections; however the Council s Highways Section consider that the intensification of the site would not be of a level that would have a detrimental impact on the immediate road network. The existing access, location of gate and the overall level of parking are all in place and would not be detrimentally impacted upon by the increase in pitches or relocation of the stable. As a result, no concerns are raised regarding highway safety, the access or level of parking. 15. The Inspector found that the site is sustainable in terms of access to services and that, as the situation in terms of street lighting etc. has not changed, the sustainability of the site in this regard remains unchanged. Flooding and Drainage: 16. Flooding and drainage has been a key consideration of the acceptability of the permanent occupation of the site and it is crucial that any increased activity does not further any issues relating to flooding and drainage within and off the site. 17. The current mobile home connects to a package treatment plant and this has not resulted in any flooding or drainage issues. The proposed additional Mobile Home would connect to this plant and this is considered acceptable by the Council s Drainage Officer. The site is characterised by the permeable surface (pebbles) throughout the site and this has aided drainage in this location. The permeable surface would be laid down around the proposed mobile home and location of the touring caravan which is at the highest point within the site. Any water run off associated with the mobile would be dealt with through the permeable surface and not cause any flooding or drainage issues within or off the site. 18. The proposed stable would introduction more hardstanding closer to Islandstone Lane, however more permeable surface would be introduced adjacent to the building and run off can be discharged towards the existing permeable surface. As a result, the proposed built form would not result in any increased flooding or drainage issues within the site that might interfere with the safety of its occupiers nor would it cause any undue off-site flooding and drainage issues as all permeation would be within the site. 19. The proposed development would not result in any flooding or drainage issues to warrant refusal on these grounds. Supply of Pitches and Personal Circumstances 20. The applicant has set out in detail that they believe the Council does not have an adequate supply of GRT pitches within the Borough and that the need has been greatly underestimated. Wokingham Borough Council disagree entirely with the applicants assertion as a number of recent appeal decisions supporting the robust and detailed Gypsy and Traveller Accommodation Assessment (GTAA), its conclusions and the pro-active nature of the Council with granted appropriate consent in appropriate locations. 21. The applicants arguments regarding need and supply is however redundant in this case as the principle of development in this location has already been established. The harm associated with the intensification of the use of the site and the additional built form has been assessed and is very limited and thereby acceptable subject to the introduction of an additional condition related to landscaping and planting. 124

9 22. Personal Circumstances need not be considered where a permission is considered acceptable; however, notwithstanding this, confirmation of the proposed future occupants was sought. The proposed occupants would be Mr Giles parents who state that they are also gypsy and travellers meeting the PPTS definition and this does weigh in favour of the application; however it is only considered to have limited weight in support of the proposal. As the proposed additional pitch is considered acceptable in any case, personal circumstances do not alter the officer recommendation. 23. Concern has been raised by objectors that the current residents at the site are not travellers. Recent updates to the Gypsy and Traveller Accommodation Assessment identified the residents as meeting the definition; however it must be noted that Condition 3 has been reworded to ensure that any occupants meet the latest GRT definition. In the future, should information come forward that the situation of the inhabitants has changed and that they do not meet this definition, then investigation and appropriate action would ensue. Other Issues 24. The local planning authority has the power under Section 73 of the Town and Country Planning Act 1990 to vary or remove a condition as appropriate when issuing a decision under the same Section to ensure it is compliance with the Act itself. As a result, and as per the recommended conditions list, Condition 2 should be updated to reflect the current Gypsy and Traveller status as defined within the 2015 PPTS CONCLUSION The proposed variation of conditions 4 and 5 to allow for an additional pitch comprising 1 further static and 1 further touring caravan is considered acceptable. The principle of development is acceptable, the site has the space to accommodate an additional pitch, and there would be no adverse impact on the highway network and no increased flooding issues. Whilst the introduction of additional caravans would cause some very limited harm to the character and appearance of the site, most notably views from the south from the corner of Nelsons Lane and Islandstone Lane, this can be mitigated by way of a good landscaping scheme where planting can help breakup and minimise the impact of the proposed mobile home, but also the existing mobile home and utility/dayroom resulting in an overall enhancement of the appearance of the site and area. 125

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