Representations Submitted by Hannaby Planning Solutions Ltd
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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. 1 The Coach House Top Road Upper Soudley GL14 2TY 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 2 The Coach House Top Road Upper Soudley GL14 2TY 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.