DEVELOPMENT MANAGEMENT PANEL 18 JULY 2011

Case No: 1100656S73 (RENEWAL OF CONSENT/VARY CONDITIONS)

Proposal: REMOVAL OF CONDITION 1 OF PLANNING PERMISSION 1000817S73 WHICH LIMITS THE USE TO MR F PRICE AND HIS EXTENDED FAMILY FOR A LIMITED PERIOD OF 3 YEARS RELATING TO USE OF LAND AS RESIDENTIAL CARAVAN SITE FOR 4 GYPSY FAMILIES

Location: FIVE ACRES FIELD ST IVES ROAD WOODHURST PE28 3BP

Applicant: MR F PRICE

Grid Ref: 533844 275832

Date of Registration: 09.05.2011

Parish: SOMERSHAM

RECOMMENDATION - APPROVE

1. DESCRIPTION OF SITE AND APPLICATION

1.1 This site is located between St Ives and Somersham, and comprises a large open field used as a residential caravan site by an extended gypsy family. The site has no features of note apart from boundary hedges. It rises from the road in a south easterly direction. There is a compound abutting the highway frontage containing a building and other structures with a gated access from the main road. The four pitches are located at this roadside end of the site.

1.2 Development in the area is scattered but there are two cottages opposite, a mushroom farm and a compost making plant to the south and the Raptor Centre on the opposite side of the road.

1.3 The application seeks to remove condition 1 of planning permission 1000817S73 which was granted in December 2010. This condition allowed the 4 permitted gypsy and traveller pitches to be occupied for a further 3 year period to December 2013. The original temporary planning permission, 0700959FUL, had granted permission for 4 years to May 2010.

1.4 Although the temporary planning permission for this site has only recently been extended, this application has been submitted following the appeal decisions in April of this year for gypsy and traveller sites at Chatteris Road, Somersham and Needingworth Road/Station Road, . Condition 1 of the current planning permission states: “The use hereby permitted shall be carried on only by Mr F Price and his extended family and shall be for a limited period being the period of three years from the date of this permission…”. The permission is therefore personal and temporary.

2. NATIONAL GUIDANCE

2.1 PPS1: “Delivering Sustainable Development” (2005) contains advice on the operation of the plan-led system.

2.2 PPS3: “Housing” (2011) sets out how the planning system supports the growth in housing completions needed in .

2.3 PPS7: “Sustainable Development in Rural Areas” (2004) sets out the Government's planning policies for rural areas, including country towns and villages and the wider, largely undeveloped countryside up to the fringes of larger urban areas.

2.4 PPG13: “Transport” (2011) provides guidance in relation to transport and particularly the integration of planning and transport.

2.5 Circular 01/2006 – Planning for Gypsy and Traveller Caravan Sites

For full details visit the government website http://www.communities.gov.uk and follow the links to planning, Building and Environment, Planning, Planning Policy.

3. PLANNING POLICIES

Further information on the role of planning policies in deciding planning applications can also be found at the following website: http://www.communities.gov.uk then follow links Planning, Building and Environment, Planning, Planning Information and Guidance, Planning Guidance and Advice and then Creating and Better Place to Live

3.1 Plan - Revision to the Regional Spatial Strategy (May 2008) Policies viewable at http://www.go-east.gov.uk then follow links to Planning, Regional Planning then Related Documents

 H3: “Provision for Gypsies and Travellers” – Local Authorities should make provision for sites/pitches to meet the identified needs of Gypsies and Travellers living within or resorting to their area.

Single Issue Review on Gypsy and Traveller accommodation

3.2 and Peterborough Structure Plan (2003) Saved policies from the Cambridgeshire and Peterborough Structure Plan 2003 are relevant and viewable at http://www.cambridgeshire.gov.uk follow the links to environment, planning, planning policy and Structure Plan 2003.

 No relevant policies

3.3 Policies from the Adopted Local Development Framework Core Strategy 2009 are relevant and viewable at http://www.huntsdc.gov.uk click on Environment and Planning then

click on Planning and then click on Planning Policy where there is a link to the Local Development Framework Core Strategy.

 CS1: “Sustainable development in Huntingdonshire” – all developments will contribute to the pursuit of sustainable development, having regard to social, environmental and economic issues. All aspects will be considered including design, implementation and function of development.

 CS3: “The Settlement Hierarchy” – states that any area not specifically identified are classed as part of the countryside, where development will be strictly limited to that which has an essential need to be located in the countryside.

 CS6: “Gypsies, Travellers and Travelling Showpeople” - Account will be taken of the need to ensure that Gypsies, Travellers and Travelling Showpeople are accommodated in sustainable locations where essential services such as water and sewerage are provided and with good access by foot, cycle or public transport to services such as education and health. Providing sites in appropriate locations will help prevent the social exclusion of Gypsies, Travellers and Travelling Showpeople and conflict with settled communities. Consideration will be taken of the preference of many Gypsies, Travellers and Travelling Showpeople for a rural location with a degree of separation from the settled community.

 The number of pitches should be appropriate to the size of the site and the availability of infrastructure and services and facilities in accordance with the general principles set out in the settlement hierarchy. The policy sets out the criteria which will guide the provision of sites.

3.4 Huntingdonshire Local Plan (1995) Saved policies from the Huntingdonshire Local Plan 1995 are relevant and viewable at www.huntingdonshire.gov.uk/localplan95

 H23: “Outside Settlements” – general presumption against housing development outside environmental limits with the exception of specific dwellings required for the efficient management of agriculture, forestry and horticulture.

 En17: "Development in the Countryside" - development in the countryside is restricted to that which is essential to the effective operation of local agriculture, horticulture, forestry, permitted mineral extraction, outdoor recreation or public utility services.

3.5 Huntingdonshire Local Plan Alterations (2002)Saved policies from the Local Plan Alterations 2002 are relevant and viewable at www.huntingdonshire.gov.uk/localplan - Then click on "Local Plan Alteration (2002)

 No relevant policies

3.6 Policies from the Development Management DPD: Proposed Submission 2010 are relevant.

 E1: “Development Context” – development proposals shall demonstrate consideration of the character and appearance of the surrounding environment and the potential impact of the proposal.

 E8: “Sustainable Travel” – proposals must demonstrate how the scheme maximises opportunities for the use of sustainable travel modes, particularly walking, cycling and public transport.

 H7: “Amenity” – development proposals should safeguard the living conditions for residents and people occupying adjoining or nearby properties.

3.7 Supplementary Planning Guidance / Documents:

3.8 Huntingdonshire Townscape and Landscape Assessment – site is located within the Central Claylands Landscape Character Area

3.9 Cambridge Sub-Region Traveller Needs Assessment 2006 - assessed the need in Huntingdonshire to be between 15 and 25 extra pitches in the period 2005 to 2010

4. PLANNING HISTORY

4.1 0302303FUL Stationing of caravan. Refused 08 October 2003

4.2 0302790FUL Stationing of two caravans. Refused 01 December (Appeal dismissed)

4.3 0701841FUL Change of use of land to residential caravan site for one gypsy family. Granted 21 November 2007

4.4 1000817S73 Removal of condition 1 of planning permission 0701841FUL for change of use of land to residential caravan site for 4 gypsy families hardstanding and landscaping. Condition 1 revised 3 December 2010.

5. CONSULTATIONS

5.1 Somersham Parish Council – Refuse (Copy attached) - The current planning legislation is in a state of flux, approval of this application would set a planning precedent in advance of the Localism Bill which is still going through parliament, the current DCLG Traveller site consultation and the outstanding HDC DPD for gypsy and traveller site allocations in Huntingdonshire.

5.2 Pidley Parish Council: Comments awaited.

5.3 Woodhurst parish Council: Comments awaited.

5.4 Bluntisham Parish Council: Comments awaited.

5.5 Cambridgeshire County Council (Highways): Comments awaited.

5.6 Environmental Health: Comments awaited.

6. REPRESENTATIONS

6.1 None received at the time this report was compiled.

7. SUMMARY OF ISSUES

7.1 The main issues in assessing this application are: the principle of the development (whether the temporary and personal restrictions should be removed at this time), sustainability, impact on the character and appearance of the area and highway safety.

Principle of development:

7.2 When the site was last considered at the end of 2010 the Government had taken action to revoke Regional Spatial Strategies (RSS), which establish the number of pitches to be provided in each district, and announced its intention to revoke Circular 01/2006 - Planning for Gypsy and Traveller Caravan Sites, with the intention of replacing it with new ‘light-touch’ guidance that would encourage local authorities to provide, in consultation with the local community, an appropriate number of sites that reflect local and historic demand.

7.3 Before these intentions became known, this Council in May-July of last year had been undertaking public consultation on Part C of the Strategic Housing Land Availability Assessment (SHLAA) dealing with Gypsy and Traveller Sites. In August 2010 the Council confirmed that no further work on policy formulation would be undertaken until the Coalition Government clarified national planning policy.

7.4 When this site was last considered in December 2010 it was concluded that in the absence of clarification from the Government as to how Council’s should consider and allocate potential Gypsy and Traveller sites, a permanent planning permission was not appropriate. However, circumstances have now changed in that: - the Courts have decided that the Government’s revocation of RSSs was unlawful and so until the Localism Bill currently going through Parliament becomes law, RSSs are still part of the development plan; - there is a consultation underway on the issues for the replacement of Circular 01/2006; - in the appeal decisions for the Chatteris Road, Somersham and Needingworth Road/Station Road, Bluntisham sites issued on 7th April 2011 (shortly before the consultation started) the Inspectors both said that the intention to revoke the East of England Plan (the RSS for this area) and replace the Circular were material considerations but they carried only limited weight; - the Bluntisham Inspector said, in respect of the need for pitches, that the uncertainties on national policy matters did not mean that consideration of provision should be put on hold until there is greater clarification, “nowhere does national guidance suggest this is an option”.

7.5 It is therefore considered that this application must be determined in the light of current policies and the recent appeal decisions should be taken into account to the extent that they help inform the interpretation of these policies. The key considerations in the appeals

and in this application are the criteria set down in Circular 01/2006 and in Core Strategy CS6.

Circular 01/2006 - Rural settings, where not subject to special planning constraints, are acceptable in principle. Planning authorities should first consider locations in or near existing settlements with access to local services, e.g. shops, doctors and schools. - In assessing the suitability of sites, local authorities should be realistic about the availability, or likely availability, of alternatives to the car in accessing local services. - Sites should respect the scale of, and not dominate the nearest settled community. - Sites should avoid placing undue pressure on local infrastructure (para. 54). - Sustainability should be considered in terms of (para 65):  transport mode and distances from services;  the promotion of peaceful and integrated co-existence between the site and the local community;  the wider benefits of easier access to GP and other health services;  children attending school on a regular basis;  the provision of a settled base that reduces the need for long- distance travelling and possible environmental damage caused by unauthorised encampment; and,  not locating sites in areas at high risk of flooding, including functional floodplains, given the particular vulnerability of caravans.

Core Strategy Policy CS6

7.6 (This policy was written in the context of Government policy in Circular 01/2006) - The number of pitches should be appropriate to the size of the site and the availability of infrastructure and services and facilities in accordance with the general principles set out in the settlement hierarchy. - there should be no significant adverse effect on the amenity of nearby residents or operations of adjoining land uses; - the development should not have a significant adverse impact on the character of the landscape and appropriate landscaping and boundaries should be provided; - adequate schools, shops and other community facilities are within reasonable travelling distance, and can be reached by foot, cycle or public transport; - the site is served (or can be served) by an adequate water supply and appropriate means of sewage disposal which meets national standards; - the health and safety of occupants are not put at risk including through unsafe access to sites, poor air quality and unacceptable noise (as for example close to trunk roads) or unacceptable flood risk so that the quality of the environment is at the same acceptable standard as for the settled community; - there should be adequate space for operational needs including the parking, turning and servicing of vehicles.

7.7 The approach taken by HDC in a number of cases of gypsy and traveller site development has been that where sites have not been

considered to perform sufficiently well against these criteria, but there has not been an overriding objection on grounds of health or safety, a temporary permission could be appropriate to provide interim accommodation in view of the district-wide need.

7.8 Historically, the concerns with this site were the impact on the landscape and that it was not considered to be well located for accessibility to services and facilities. It is now appropriate to consider the site afresh in the light of the current criteria and the recent appeal decisions. The landscape and sustainability aspects are considered below. If these are considered acceptable it would be appropriate to grant a permanent permission.

7.9 The East of England Plan Single Issue Review on Gypsy and Traveller site provision sets a need for 25 pitches in the period 2006- 2011 (and 3% compound increase on the total number of existing and proposed pitches thereafter). There are currently planning permissions for 3 permanent pitches. Advice issued by the Government’s Chief Planner in July 2010 (when it was thought that RSSs had been revoked) was that local authorities would be responsible for determining the right level of site provision, reflecting local need and historic demand, and for bringing forward land within their Development Plan Documents. Gypsy and Traveller Accommodation Assessments were highlighted as a good starting point if local authorities decide to review levels of provision but they would not be bound by them. In view of the outstanding need for permanent gypsy and traveller pitches in the district, based on the assessment of the recent appeals, there is no justification for restricting the site to occupation by the current occupiers. Occupation by anyone with gypsy and traveller status would be acceptable.

The impact of the development on the character and appearance of the landscape

7.10 There is scattered development along the B1086 between the two settlements of Somersham and St Ives. The site is close to the road and the caravans generally sit on the lower ground which is well screened by hedgerows and it is considered that the visual impact and the impact on the character of the countryside are acceptable. Further landscaping would be needed to fill the limited gaps in the boundary hedges and provide foliage within the site.

Sustainability:

7.11 The site is approximately 3km from the centre of Somersham, where a wide range of day-to-day services is available including surgeries and a primary school. The site is also 3.5km from the town of St Ives where a full range of services and facilities including a secondary school is available. Advice in PPG13: Transport is that up to 3km walking and up to 5km cycling are reasonable distances. Road conditions and perceptions of how safe the road is will have a bearing on whether people are prepared to walk or cycle. The road is busy, unlit and there are no footways so although the distances would be conducive to cycling it may not be perceived as safe. Core Strategy Policy CS6 states that consideration will be taken of the preference of many Gypsies and Travellers for a rural location with a degree of separation from the settled community and, in allowing the recent

appeal for 2 Gypsy/Traveller pitches at Chatteris Road, Somersham, the Inspector in that case considered that a distance of some 3km to Somersham was acceptable. Taking the guidance in paragraph 65 of Circular 01/2006 in relation to sustainability and all of these matters into account, it is considered that the site can be considered to be sustainable for use by gypsies and travellers.

Highway Safety:

7.12 The access to the site has been improved and there is a wide verge in this location and the visibility is good. The site itself contains sufficient space for turning of vehicles and is not detrimental to highway safety.

Other matters:

7.13 The Government at both national and local level is committed to ensuring that gypsies and travellers have the same rights and responsibilities as every other citizen, and, in this respect, Human Rights provisions should be an integral part of the decision making process. Local Authorities should consider the consequences of granting or refusing planning permission on all involved. This issue has been taken into account in this case.

8. RECOMMENDATION – APPROVE, reasons for approval - the site complies with the requirements of Circular 01/2006 and policy CS6 of the Huntingdonshire Core Strategy 2009 for the grant of permanent planning permission and there is a need for permanent pitches to accommodate gypsies and traveller in the District. The recommendation is subject to conditions to include the following:

Nonstand - occupation limited to gypsies and travellers

Nonstand - landscaping

Nonstand - details of any utility buildings

Nonstand - details of any lighting

Nonstand - no commercial use

Nonstand - maximum vehicle size

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CONTACT OFFICER: Enquiries about this report to Mr Nigel Swaby Development Management Team Leader 01480 388461

Development Management Panel Application Ref: 1100656S73 Location: Somersham Date: 18th July 2011

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