Representations submitted by Hannaby Planning Solutions Ltd. On behalf of: Celtic Manor Resort

Appeal Ref: APP/G6935/A/16/3156937 LPA Ref: 16/0032

Appeal Site Address: The Old Clawdd Piggery, Bulmore Road, Caerleon, Newport

Celtic Manor Resort (CMR), an adjacent landowner to the application site, does NOT SUPPORT the appeal for the reasons as set out below. CMR strongly supports the objections by other local residents, the Highway Authority, the Local Planning Authority, the Caerleon Civic Society and local Councillors and respectfully requests that the Inspector takes note of these representations and dismisses the appeal.

Statement: The full planning application for the ‘change of use of land to mixed use of the stationing of caravans for residential purposes for 1no. Gypsy pitch and the keeping of horses together with the formation of hardstanding ancillary to that use and relocation of existing horse manege (planning application 14/0472).’

C30/2007, which provides national guidance relating to the provision of G&T sites, makes it clear at para 36 that the provisions of S38 of the Planning & Compulsory Purchase Act 2004 applies, so that the starting point for the consideration of these proposals is that the development must be in accord with the Development Plan unless material considerations indicate otherwise.

The development plan in this case is the LDP and policy H17 is particularly pertinent as it relates to G&T sites. It is a criteria based policy and states that G&T will be permitted subject to: i) The site is well related to suitable community facilities and services for the prospective occupants; ii) The site is capable of being served by utilities including sustainable waste disposal and recovery and emergency services; iii) The site is not within areas at high risk of flooding, given the particular vulnerability of caravans; iv) There is an identified and genuine, local need for accommodation for the occupiers.

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It is submitted that the development does not accord with any of the above criteria as shown below.

The application was refused planning permission by the LPA on 25th February 2016 for 6 reasons:

The first reason states that the applicant has not demonstrated that the proposed residents are gypsies in accordance with the definition at Paragraph 03 of W.A.G. Circular 30/2007 and because of that there is no compelling reason to allow a residential use in the countryside.

Paragraph 9.3.6 of Planning Policy Wales 8 (PPW) requires that isolated new houses in the open countryside require special justification. This requirement includes G&T caravans and in order to confirm that there is a special justification it is only reasonable that the LPA be satisfied that the proposed occupants are Gypsies.

WAG Circular 30/2007 defines a gypsy in the following way: “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 show people or circus people travelling together as such.”

In the appeal form the appellant seems to be of the view that he does not have to show that the occupants are gypsies and that all that is required is a condition limiting occupation to Gypsies. LDP Policy H17 (iv) there should be an identified and genuine, local need for accommodation for the occupiers. Unless the decision maker has clear information about the proposed occupants of the appeal site it would be impossible to say that policy H17 (iv) has been complied with.

Model Condition 50 of Welsh Government Circular 016/2014 does limit occupation to gypsies but requires that their identity be specified as part of the condition. If that identity and confirmation of qualification as a gypsy is not established during the consideration of the application (or appeal) then the standard condition could not be applied.

Without that confirmation, the appeal is simply for a residential use in an isolated location without any special justification.

The second reason for refusal states that the applicant has not demonstrated that there are any special circumstances or identified need that warrant an exception to the Policy of strictly controlling new development in the open

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countryside as required by Paragraph 9.3.6 of PPW and contrary to Policy H17iv of the Newport Local Development Plan 2011-2026 (LDP).

The burden of proof is upon the appellant to show that there are special circumstances but no evidence has been submitted.

This application is not for a transit site but is for a permanent site for a mobile home. PPW is clear that a gypsy is defined as a person with a nomadic lifestyle, irrespective of their racial or cultural heritage. A person living in a static mobile home is not living a nomadic lifestyle and PPW is clear that a gypsy who is no longer travelling only continues to qualify as a Gypsy for planning purposes if they have ceased to be nomadic for their (or their dependants’) health or educational reasons. In this case there is no clarity about the proposed occupants or their personal circumstances.

There is a suggestion that the occupants may be the applicant’s daughter and future son-in-law, but, (a) the identity of the proposed occupants is not confirmed, (b) their gypsy status has not been established and (c) there is no indication whether they have dependents in education or whether they have health issues requiring them to abandon a nomadic lifestyle and live on a permanent site.

In addition the application contains no evidence to demonstrate that there is either a need for the proposed pitch or that it cannot be provided elsewhere. According to the officer’s report, the applicant has confirmed and his daughter are residing in Cardiff and no evidence has been submitted to show that the accommodation is inadequate and no application has been made to Newport City Council for a pitch.

The Council has made provision in the LDP for a site that responds to the identified needs in Newport and there is no reason why the applicants need cannot be met on the allocated site at Ringland, which is in a more sustainable location.

The third reason states that the site is in an unsustainable location, would be dependent upon the car and is therefore contrary to Policy SP1, Policy GP4i & ii and H17i of the LDP.

Sustainability related to the three strands of environmental, social and economic sustainability.

PPW Paragraphs 4.7.7 and 4.7.8 acknowledges that reducing car use in most rural areas is more difficult than in urban areas. However, PPW does not abandon the concept of a sustainable rural location but that the test of what is ‘sustainable’ in a rural location has to consider the rural area as a whole. 3 The Coach House Top Road Upper Soudley GL14 2TY

Therefore development in a rural location should be located in or adjoining ‘those accessible settlements which have relatively good accessibility by non-car modes’ but discourages new building in the open countryside away from existing settlements such as is proposed in this case. Therefore the proposal is located in a poorly accessible, unsustainable location.

H17 (i) & (ii) requires that the site should well related to suitable community facilities, services and utilities for the prospective occupants. These generally include shops, schools, medical facilities and emergency services. This site in Bulmore Road is in an isolated rural location inaccessible by public transport that is over 1.5 miles away from the nearest school, surgery and shops and about a mile from the nearest bus stop. Not only that but because of the narrow winding nature of the road, it is completely unsuitable for children or adults to use to walk or cycle to these facilities.

Paragraph 4.7.2 guides the location of new development so to ensure it is well serviced by existing infrastructure (including energy supply, waste management and water).

The appeal site would constitute an isolated encampment in a socially unsustainable isolated location, contrary to the Development Plan and to the national advice in PPW.

It is acknowledged that PPW seeks to ensure that all communities have sufficient good quality housing for their needs, including a special needs where appropriate.

PPW Paragraph 9.2.22 also recognises the importance of an economically sustainable location when considering rural housing so that new housing locations benefits the rural economy as well as local communities. This principle includes special needs provision, such as G&T sites. The appeal site would require an uneconomical provision of local services due to its isolated location. This includes water, sewage, electricity as well as local authority services such as refuse collection, schools transport, health etc.

There has been considerable investment into this area which is building upon the success of the Ryder Cup. Newport and the Celtic Manor Resort was placed on the world stage giving it exposure to new leisure markets and the new focus for the business is attracting families and leisure guests, as well as golfers, to the resort and to Newport. This strategy has seen the hotels reach full capacity on many nights since the Ryder Cup and achieve an overall occupancy level that bucks the national trend. There have also been benefits to the local tourist and leisure economy as a result of the attraction of the Celtic Manor Resort with hotels, restaurants, shops and local attractions getting the benefit of associated spend. Siting a Gypsy site in this location will undermine this investment, the 4 The Coach House Top Road Upper Soudley GL14 2TY

future use of the area as a leisure facility and damage Newport’s burgeoning business tourist and leisure market.

To set against these serious concerns there are no overriding economic benefits associated with this development as it is not proposed to be the site of a rural enterprise. Therefore, overall it will have a negative impact upon economic sustainability.

In terms of environmental sustainability the inspector’s attention is drawn to the comments related to reason 6 below, rather than repeat it here.

The appellant’s comments in the appeal form are no more than a mere assertion that the site is sustainable without any substance to support it nor any analysis of the three strands of sustainability, national guidance or the Development Plan.

The fourth reason refers to the inadequacy of the access to serve the proposal as well as the lawful stable use and would be unsafe due to the poor geometry of the access, limited visibility and the intensification of use of the access, contrary to Policy GP4v & vii of the LDP.

Visibility along Bulmore Road is limited and substandard due to its narrow and twisting nature. The use of this road to transport a static mobile home would be inherently dangerous. The site steeply rises by about 7m from Bulmore Road up to the first plateau where the mobile home would be situated. The access that has been formed to deal with these topographical challenges has resulted in two tight turns that do not appear to be capable of being traversed by a large static mobile home on a transporter. In between the two turns the access rises by up to 7m and it has not been demonstrated that the gradient will be such that a transporter carrying a static mobile can safely traverse it.

Bulmore Road would be the sole route in and out of the site for the additional traffic that would be associated with a residential use, which includes the provision of a touring caravan. Any additional traffic along this narrow, twisty road with limited visibility, especially if it is towing a caravan, will add to the danger of using this road.

The success of CMR to attract visitors and tourists to the area results in vehicles and walkers using the road network, including Bulmore Road and as such there is a greater likelihood of these users being unfamiliar with the road and its hazards. Accordingly the resultant danger is considered to be greater. It is because of these dangers that when there are events being held at the CMR, Bulmore Road, a traffic control system is put in place to ensure public safety.

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The application plans fail to demonstrate that these concerns can be overcome. The Design and Access Statement is very brief and fails to address any of these issues, focussing solely on the issue of access for the disabled; which it discounts out of hand.

The fifth reason refers to the inadequacy of drainage information and the failure of the applicant to demonstrate that a connection to the local sewage network can be achieved. The provision of a cesspit to serve the site without justification is contrary to Policy GP3ii of the LDP.

PPW Paragraph 4.7.2 states that development should be located so that it can be well serviced by existing infrastructure such as for energy, water and refuse. The failure to connect to the adopted sewerage system and rely on a cess pit is not a sustainable option and will result in additional lorries accessing the site to service it.

The sixth reason states that the development would be harmful to the visual amenity and landscape character of this rural area. The proposal fails to contribute positively to the River Usk Special Landscape Area. The proposal is contrary Policies SP5, SP8, GP2ii & GP5v of the Newport Local Development Plan 2011-26.

The development will add further built development onto this wooded rural hillside, resulting in more landscape clearance and additional urbanising features such as buildings, structures, hardstanding and access road.

The static mobile will be visible from the road and from wider viewpoints, including from nearby footpaths and from the golf course on the adjacent Celtic Manor Resort.

The manege and its associated engineering works will also be in a more prominent location as it will be located at a higher point on the site that will overlook the Special Landscape Area. This is a sensitive rural location and the proposed development will create a significant visual scar on the wooded hillside.

The landscape to the north of the River Usk has been assessed using the Landmap methodology as being of a high quality and it must be protected. The farmed landscape is characterised by rolling pasture and arable fields with a strong network of hedges, woodland and scrub with open views across the Usk Valley. Without the expansive countryside setting the Celtic Manor Resort would lose its inherent attraction and is therefore very protective of this sensitive landscape and the harm caused by this development cannot be overstated.

The DAS makes reference to the criteria as set out in the Welsh Government Circular 30/2007: ‘Planning for Gypsy and Traveller Caravan Sites’ and the ‘Good 6 The Coach House Top Road Upper Soudley GL14 2TY

Practice Guide in Designing Gypsy and Traveller Sites in Wales, July 2009,’ however, when examining that guidance, the site is considered completely unsuitable for a number of reasons:

1. Vehicular access to the site/Highway danger - A primary concern is the hazardous access and egress to the site, which would be via the narrow and winding Bulmore Road that suffers from poor visibility. Bulmore Road is a poorly maintained narrow, single track road with very few passing places that are too small to cater for a van towing a caravan. Travellers visiting the site will have to drive for a number of miles along lanes that are unsafe and unsuitable for caravans. The lanes have a 60 mile per hour speed limit and there are many near misses already where people drive too quickly. There are serious concerns about safety of the residents if large vehicles, towing caravans d are routinely trying to get down Bulmore Road. 2. Public transport links – The site is inaccessible by public transport and as such is an unsustainable location. 3. Proximity to major roads - For transit sites, close proximity to major roads is essential in order that it is convenient to use by Travellers. Although the site is near to the A449, the nearby junction was developed for the Ryder Cup and is kept permanently closed by WAG and cannot be used for access or egress from the A449. Therefore the site can only be accessed via narrow lanes such as Bulmore Road for a number of miles from the A449. 4. Visual impact - The proposed site will have a stark urban appearance because of the large open, hard surfaced area covered with caravans and their accoutrements. It will be an eyesore as a result of the proposed buildings, caravans, yard and hard surfaced areas and further clearance of trees and will appear incongruous and an eyesore in this high quality landscape. 5. Topography – The site is not level and its elevated and split nature and its sensitive position in the landscape will result in the site being visually prominent. 6. Existing uses - The area is used for recreational purposes by walkers, nature lovers, joggers and cyclists. The introduction of a gypsy/traveller site will potentially destroy an enjoyable green local area and discourage the use of this area for leisure purposes. 7. Proximity to local facilities – The site is socially unsustainable as a transit site due to it being isolated from local utilities, emergency vehicles, health services, schools and shops. It would be an isolated encampment, contrary to the national advice. 8. Unsuitable for children – The site is a dangerous location for children due to its proximity to a dangerous narrow road. 9. Conflict with neighbouring uses –The proposed site is in close proximity to CMR. The marketing for the resort is based on a rural, scenic location of 7 The Coach House Top Road Upper Soudley GL14 2TY

outstanding natural beauty - not its proximity to a G&T site. It is adjacent to golf courses which hold major golf events every year and is a major tourist attraction to Newport which will be damaged by this proposal. According to the national guidance, an application for an encampment on this site, would have to address a number of issues in their submission, not least of which the compatibility of the site with neighbouring uses and it is submitted that on such an assessment alone this site would fail. 10.Sustainability- The social, environmental and economic impacts of this site have assessed above but and found wanting. The application has failed to carry out a full sustainability appraisal. The above reasons relating to economic, social and environmental reasons demonstrate that this is an entirely unsustainable and unsuitable site.

The above demonstrates that the development is not sustainable in any way. It has been demonstrated that the development has a significant negative impact in terms of environmental sustainability, economic sustainability and social sustainability.

In coming to a conclusion on this matter the Inspector must be satisfied that the proposal is sustainable and, if not, show that there are special circumstances to justify an exception being made. In the event that the inspector agrees that the proposal is unsustainable then it is submitted that it will be insufficient justification to rely on the provision of ‘special accommodation’ as special justification to offset this harm. Accordingly therefore, it is requested that the appeal be dismissed.

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