O Crown copyright and database rights 2017 Ordnance Survey 100019614 Title: CA/16/00784/FUL Author: Planning and Regeneration Scale 1:1,250 Map Dated: 26/01/2017 Canterbury City Council Military Road Canterbury Kent CT1 1YW
AGENDA ITEM NO 9 PLANNING COMMITTEE APPLICATION NUMBER: SITE LOCATION: PROPOSAL: APPLICATION TYPE: CA//16/00784/FUL Little Meadows, Coronation Road, Whitstable, CT5 3DP Change of use of land for the stationing of one mobile home and one touring caravan for residential use, retrospective use of stable building as a day room and erection of a dog kennel. FULL APPLICATION DATE REGISTERED: 18 April 2016 TARGET DATE: 13 June 2016 LISTED BUILDING: CONSERVATION AREA: WARD: APPLICANT: AGENT: CASE OFFICER: WEB LINK: RECOMMENDATION: NOT LISTED NO Seasalter Mr Gambrill Mr Gambrill Mr David Stewart https://publicaccess.canterbury.gov.uk/onlineapplications/applicationdetails.do?activetab=docum ents&keyval=_cante_dcapr_103862 Grant, subject to conditions SITE LOCATION AND DESCRIPTION 1. Little Meadows is located to the south east of Coronation Road, south of the Thanet Way at Whitstable and comprises a site which has been used for the stationing of a mobile home and timber outbuilding for some years. The site is located to the south east of woodland which is protected by a TPO. The site is fenced and connected to Coronation Road by an access track through the woodland. A footpath runs to the north east of one of the boundaries of the site and a close boarded timber fence runs along the side of the footpath. RELEVANT PLANNING HISTORY 2. CA/12/00101: Use of land for stationing of one touring caravan not exceeding 6.96m x 3.5m for occasional leisure purposes. Certificate of Existing Lawful Use granted
PROPOSED DEVELOPMENT 3. The proposal seeks permission for a change of use of the land for a residential mobile unit and one touring caravan for single family occupation. A separate dog kennel is included in the application. CONSULTATIONS 4. KCC Public Protection: The public footpath passes adjacent to the proposed site. As the application is for change of use of the land, there is unlikely to be a significant impact on the path and therefore I raise no objections to the application. 5. Natural England: No objection 6. Environmental Health have no objections 7. CCC Planning Policy Manager: The following response was received on an earlier application for mobile accommodation (CA/15/01207/FUL) which is relevant to this case: In summer 2013, Canterbury, Dover, Shepway and Thanet Councils commissioned the Salford Housing & Urban studies Unit (SHUSU) at the University of Salford to produce an updated Gypsy, Traveller and Showpeople Accommodation Assessment. A report on the findings was produced in April 2014 and this forms part of the evidence base for the Local Plan 2014 Public Inquiry (CDLP 5.2). Accommodation need has been considered in this assessment by carefully exploring the following factors: Current Residential Supply: Socially rented pitches; Private authorised pitches; Pitches immune from enforcement. Residential Need 2013 2017: Temporary planning permissions, which will end over the assessment period; Concealment of households; Allowance for family growth over the assessment period; Need for authorised pitches from families on unauthorised developments; Movement over the assessment period between sites and housing; Whether the closure of any existing sites is planned; Potential need for residential pitches in the area from families on unauthorised encampments; Movement between areas; Overcrowding of sites. The report concluded that there are a total of 48 authorised Gypsy and traveller pitches within the Canterbury District. There is a residential pitch need between 2013-2017 of 23, between 2018-2022 of 8, and between 2023-2027 of 9, this equates to a total residential pitch need for the period 2013-2027 of 40. It should be noted that all figures relate to pitches not sites. These are the figures that the Council are currently referring to, however the figures as stated in the SHUSU report as currently under review and the Council is in discussions
with other local authorities regarding producing a further report which will assess the current Gypsy, Traveller and Travelling Showpeople accommodation needs. REPRESENTATIONS 8. The application was publicised within the local press, a site notice was posted within the vicinity of the site and the occupiers of three neighbouring dwellings were notified in writing. One letter of support has been received. Ten letters of representations have been received raising the following concerns: precedent for future development loss of ancient woodland uncertainty regarding use of the site detrimental effect on ecology incursion into agricultural land The proposed new site access route may adversely affect existing mature trees removal of the existing stile which gives access to the Public Footpath which crosses the site 9. Willow Woods Residents Association objects to the proposal. They consider that the current permission for occasional stays is acceptable but the long term occupation is contrary to national planning policy and the development plan. The use would have an adverse impact on the woodland. They also indicate that the submitted plans are incorrect. DEVELOPMENT PLAN POLICIES Canterbury District Local Plan First Review 2006 BE1 - High quality designs, sustainable developments and specific design, amenity and landscape criteria to which the Council will have regard R6 Priority to conserve and enhance the natural beauty of the landscape Canterbury District Local Plan Publication Draft 2014 DBE3 - Principles of Design DBE10 - Alterations and extensions to buildings to respect character of the original building, to not result in overshadowing and overlooking and to avoid detriment to the amenity and character of the locality. Particular care to be given to works to heritage assets HD10 Permission for Gypsy and Traveller sites will be granted subject to assessment of proposals against criteria ASSESSMENT 10. This application is reported to planning committee given the number of objections received. The main issues for consideration are the principle of development, the impact upon the character and appearance of the area, the living conditions of neighbouring property occupiers, ecology and highway safety. Principle Gypsy Status 11. The DCLG Planning Policy for Traveller Sites (PPTS) 2015 defines Gypsies and Travellers as persons of nomadic habitat of life. The applicant has demonstrated his
nomadic lifestyle by providing evidence in support of this application by way of detailing seasonal work. He is recorded by KCC Gypsy and Traveller Unit as an applicant for a pitch since 2012 and confirms that his previous site in Chartham is no longer available. Therefore the applicant is considered to fall within the prescribed definition of a Gypsy/Ttraveller. Suitability of the Site 12. The applicant has asked for consideration to be given to this site as a single Gypsy plot as he states he has connections and family in the district and his family has owned the site for some time and utilised the permission for the site for leisure use. 13. This is not an allocated Gypsy site within the Canterbury District Local Plan and would normally be considered to be in an unsustainable location for residential occupation. However draft Local Plan policy HD10 relates to the provision of gypsy pitches and how applications should be assessed. 14. Policy HD10 of the draft Local Plan is an interim policy pending the production of an SPD dealing with the provision of Gypsy and Traveller accommodation. It promotes a criteria based assessment for applications coming forward. It states that planning permission will be permitted if the following criteria are met: The Council is satisfied that there is a clearly established need for the site and the number of pitches involved cannot be met by an existing site; The site should be well related to and within a reasonable distance of local services and facilities - shops, public transport, schools, medical and social services, and would not place undue pressure on these services The site is capable of being provided with on-site services such as water supply, sewage disposal and power supply; The site is within the built up area of a settlement or on the outskirts of a settlement and is of a scale which respects and does not dominate the settled community The form and extent of the accommodation does not adversely affect the visual or other essential qualities of an AONB, SSSI, national or local nature reserve, or other area of landscape significance designated in the development plan, or conservation area. The use of the site should not have an adverse impact on residential amenity or existing buildings or uses, either by the design, close proximity, activities or operations on the site which would be detrimental to the surrounding area; Access to the site should not be detrimental to highway safety for vehicles and pedestrians, and should not conflict with other transportation policies or objectives. Proposals should incorporate a landscape strategy and/or an environmental management plan where appropriate 15. In this case the application site complies with all but one of the criteria. With regard to its siting the policy states that the site should be within the built up area of a settlement or on the outskirts of a settlement and should be of a scale which respects
and does not dominate the settled community. It is unreasonable to assess the siting of the application as being on the outskirts of Whitstable. However the DCLG Planning Policy for Traveller Sites does not discount the use of rural sites for Gypsy accommodation. It states that local planning authorities should ensure that sites in rural areas should respect the scale of the nearest settled community. Assessed under this criterion the proposal accords with the DCLG Planning Policy for Traveller Sites and this carries significant weight where there is a shortfall in Gypsy and Traveller site provision. The need for sites 16. The need for gypsy and traveller sites has been identified within the district, as highlighted in the 2014 Gypsy and Traveller Accommodation Assessment (GTAA). The Planning Policy Manager has previously confirmed that the City Council currently cannot demonstrate a 5 year supply of sites. Whilst there is a Kent County Council run site within the district the need for sites is in excess of what the County run site can supply, and furthermore DCLG Planning Policy for Traveller Sites demonstrates that the aim of Central Government is to promote more private traveller site provision. On this basis it is considered appropriate to give weight to this application, albeit on a temporary basis. 17. It is therefore concluded that, as a matter of principle, the proposed development is acceptable and accords with policy HD10 of the draft Local Plan and the DCLG Planning Policy for Traveller Sites. However some consideration must be given to the interim status of the emerging local plan policy and the intention of issuing a supplementary planning document on the matter. This document will review the provision of gypsy accommodation in the District including an assessment of the pitches that are currently occupied. Given this factor it is considered appropriate to give a temporary permission for this development to be reviewed on completion of the SPD. Character and Appearance 18. The site has a lawful use for the stationing of a caravan for leisure purposes and has been used for many years as a site for occasional occupation. The hardstanding area was laid out and the access created to serve that use is already laid out. There will therefore be no additional construction impact arising from the development. I do not consider that there will be any additional landscape implications or impact upon the character and appearance of the area arising from the permanent occupation of the site. Living Conditions 19. With regards to neighbouring residential amenity, it is not considered that the proposal for the site to provide accommodation for a gypsy and traveller family would have an unacceptable impact in terms of any loss of privacy or unacceptable noise and disturbance. The nearest properties are located some distance away and the site is well screened naturally and therefore not readily visible. The living conditions of the applicant have also been considered and in this case are considered acceptable. Highways and Transportation 20 In terms of highways impacts, the site sits off Willow Road which is linked to the A290. Access from the southern end of Royal Avenue is via an existing trackway created
through woodland. This access is a lawfully constructed one and was laid out prior to the previous planning permission for a leisure use of the site. Ecology and Trees 21. The permanent occupation of the site might lead to added noise and disturbance to wildlife which could affect the ecological value of the area. However this case must take account of the impact of the existing use of the site. In this respect the use of the site involved the occasional occupation of the caravan stationed on it. The granting of a temporary planning permission would therefore have only a modest impact on the ecosystem and not one which would significantly adversely affect the overall biodiversity of the site. 22. There are no construction works arising from this proposal and therefore it can be concluded that there are no adverse impacts on the trees. Furthermore the trees are protected by a tree preservation order so that any proposed works will still be the subject of a TPO application. Finally it could be considered appropriate to consider the application of a condition requiring an environmental management plan for the site. 23. In relation to the ecological implications of the development, the site is located within the strategic access management and monitoring strategy area, and sits adjacent to the Swale SSSI. As this application is being recommended for a temporary consent, it has not been considered necessary to look to mitigation measures, including seeking SAMMs contributions, on the basis that harm has not been identified. Drainage 24. Final drainage and waste disposal methods should be secured by condition as to ensure that there are no issues arising from flooding or pollution. The site does benefit from a mains electricity and a mains water supply and subject to the foul drainage details being provided it is considered that the proposal complies with policy HD10 (c) of the draft Local Plan. Other Matters The Council's duty under the Equality Act 2010 25. The Council, in the exercise of its functions, has a duty under S149 of the Equality Act to have due regard to the need to eliminate discrimination, promote equality of opportunity and foster good relations between persons who share a relevant protected characteristic and persons who do not share it. Whilst Circular 01/06 has been revoked, it acknowledged that Gypsies and Travellers suffer the worst health and education status of any disadvantaged group in England. The Government's aim in the Planning Policy for Traveller Sites document is to ensure fair and equal treatment for Travellers, in a way that facilitates their traditional and nomadic way of life while respecting the interests of the settled community. It is considered that the Council has given proper and due consideration to its duty under the Equality Act, in determining this application. The Council's duty under the Human Rights Act 26. The Human Rights Act 1998 (the 1998 Act) came into effect in October 2000 when provisions of the European Convention on Human Rights (the ECHR) were incorporated into UK law. Members should take account of the provisions of the
Human Rights Act 1998 ( 1998 Act ), particularly Article 8 (the right to respect for an individual s private and family life), as they relate to the application when balancing the competing interests of the applicant, any third party opposing the application, and the community as a whole in reaching their decisions. Any interference with an individual's human rights under the 1998 Act/European Convention on Human Rights ( ECHR ) must be just and proportionate to the objective in question and must not be arbitrary, unfair or oppressive. Conclusion 27. Given the current status of Canterbury s policies towards the provision of pitches and the shortfall identified it is correct to adopt a criteria based approach in determining applications and it is considered that this proposal meets the requirements of policy HD10 of the draft Local Plan and is in accordance with the DCLG s Planning Policy for Traveller Sites. 28. The Council cannot demonstrate a five-year supply of deliverable sites for Gypsies and Travellers and this is a significant material consideration in assessing the acceptability of the proposal at hand. In the absence of an up-to-date Local Plan consideration should be given to the granting of a temporary permission to meet the need within the district at this time. 29. Having regard to all the material considerations in this case and the impact upon the setting and character of the rural locality, it is recommended that planning permission be granted for a temporary period of 5 years.
DRAFT CONDITIONS/REASONS FOR DECISION NOTICE Application No: CA/16/00784/FUL Proposal: Change of use of land for the stationing of one mobile home and one touring caravan for residential use, retrospective use of stable building as a day room and erection of a dog kennel. Location: Little Meadows, Coronation Road, Whitstable, CT5 3DP CONDITIONS/REASONS: 1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission. REASON: In pursuance of Section 91(1) of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. 2 The development hereby approved shall be carried out in accordance with the submitted drawings: 12/01/01C, 12/01/02, 12/01/03 received on 18 April 2016 REASON: To secure the proper development of the area. 3 An environmental management plan for the site shall be submitted within 2 months of the date of the issuing of the planning permission for the development and following its approval by the local planning authority shall be implemented in accordance with the approved plan. The management plan shall include the following: full details of both hard and soft landscape works, to include: species, size and location of new trees, shrubs, hedges and grassed areas to be planted the treatment proposed for all hard surfaced areas beyond the limits of the highway any further means of enclosure proposed. full details of ecological works to improve the biodiversity of the site. Works shall include the provision of bird and bat boxes and hibernacula. details of refuse storage and collection. REASON: In the interests of the visual amenities of the area and to adequately integrate the development into the environment in accordance with policy BE1 of the Canterbury District Local Plan 2006 and policy DBE3 of the Canterbury District Local Plan Publication Draft 2014.
4 The single mobile unit hereby approved shall not exceed 10.2m by 3.50metres in size and 3.5m in height. REASON: In the interests of the visual amenities of the area and to adequately integrate the development into the environment in accordance with policy BE1 of the Canterbury District Local Plan 2006 and policy DBE3 of the Canterbury District Local Plan Publication Draft 2014. 5 The site shall not be occupied by any persons other than Gypsies and Travellers, as defined in Annex 1 of the CLG's Planning Policy for Traveller Sites document of March 2015. REASON: The location of the site would not be suitable for unrestricted residential accommodation and planning permission has not have been granted were it not for the gypsy status of the applicant. 6 No more caravans or static caravans beyond those shown on the approved drawings, shall be stationed on the site. All of the caravans shall be as defined in Part I of the Caravan Sites and Control of Development Act 1960 and Section 13 of the Caravan Sites Act 1968 as amended by Statutory Instrument 2006 No.2374: The Caravan Sites Act 1968 and Social Landlords (Permissible Additional Purposes) (England) Order 2006 (Definition of Caravan) (Amendments) (England) Order 2006. REASON: In the interests of the visual amenity of the rural locality. 7 No commercial or industrial activities shall take place on the land, including the storage of materials, and no vehicles exceeding 3.5 tonnes shall be kept on the land without the prior approval of the Local Planning Authority. REASON: In the interests of neighbouring residential amenity and the general amenity of the rural locality. 8 Within 12 weeks of the date of this decision a scheme for the landscaping of the site incorporating native planting and to include the siting and specification of tree and shrub/hedgerow planting, seeding or turfing and the treatment of all hard surfaces shall be submitted to and approved by the local planning authority. REASON: To ensure that the site is adequately landscaped in the interests of the appearance of the locality and to provide a natural habitat for protected species and wildlife within the area. 9 All planting, seeding or turfing comprised in the approved landscaping scheme shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which are removed, die or become seriously damaged or diseased within five years of planting shall be replaced in the next planting season with others of similar size and species to those originally required to be planted. REASON: To ensure that the site is adequately landscaped in the interests of the appearance of the locality.
10 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order), no fences, walls or other means of enclosure shall be erected, no hardstandings or decking shall be laid, and no structures, caravans/mobile homes (except those indicated on the approved drawings associated with this proposal), motor homes or commercial vehicles, shall be placed or parked on this site at any time without the prior approval of the Local Planning Authority. REASON: To ensure the integration of the site and its occupiers into the local community, and to protect and preserve the visual amenity and the residential amenities of the area and residents nearby. 11 Prior to the installation of any lighting scheme details are to be submitted to and approved in writing by the Local Planning Authority. The work shall then be carried out in accordance with approval given unless otherwise agreed in writing by the Local Planning Authority. REASON: In the interests of the visual amenity of the locality. 12 Within 12 weeks of the date of this decision details of proposed surface water drainage shall be submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details and shall be retained and operated as such thereafter. REASON: To prevent localised flooding.