Parish: Ward: Earnley

E/14/03245/FUL

Proposal Use of land as a caravan site consisting of 4 no. Gypsy and Traveller pitches and ancillary works.

Site Land At Marsh Farm Barn Drove Lane Earnley West PO20 7JW

Map Ref (E) 482050 (N) 96063

Applicant Mr And Mrs Valler

RECOMMENDATION TO REFUSE

Note: Do not scale from map. For information only. Reproduced NOT TO from the Ordnance Survey Mapping with the permission of the SCALE controller of Her Majesty's Stationery Office, Crown Copyright. License No. 100018803

1.0 Reason for Committee Referral

1 Contentious application on which Officers consider decision should be by Committee.

2.0 The Site and Surroundings

2.1 The application site lies in the designated rural area approximately 600m to the north east of Bracklesham and 700m south east of Earnley. A public footpath that runs from Earnley to the coast, along Stoney Lane, lies approximately 275m to the west.

2.2 The surrounding area is primarily characterised by the flat open rural landscape, however the area is not devoid of development. Within 100m to the south west of the application site lies the Medmerry Park Holiday Village, which comprises a significant number of holiday chalets in addition to resort buildings, including a public house. There is also a detached dwelling 30m to the north east and a converted barn with outbuildings directly adjoining the application site to the south. To the north is a field, within the ownership of the applicant, within which is sited a metal clad agricultural building.

2.3 The application site lies on part of a wider area of land that has a lawful use comprising mixed residential and for the stationing of caravans. Four mobile homes currently positioned on the application site are occupied by the applicant and extended family members. The original wider site area included land to the south and Marsh Farm Barn, which is a dwellinghouse (previously converted). The current application site has subsequently been separated from Marsh Farm Barn and therefore a change of use has occurred from the mixed domestic and caravan use of this land to a single use for the stationing of caravans. The application proposes the occupation of the caravans by Gypsies and Travellers.

3.0 The Proposal

3.1 The application seeks planning permission for the use of the site as a residential caravan site consisting of 4 no. Gypsy and Traveller pitches and ancillary works. The proposed works within the site include the provision of hard surfaces areas, including an access track through the site and 8 car parking spaces, landscaped areas to the sides of each pitch and the provision of gates on an existing access track.

4.0 History

4.1 The application site was previously the subject of an enforcement notice that was served by the local planning authority in December 2005 in response to the change of use of the land to a mixed or dual use as garden land to the dwellinghouse known as Marsh Farm Barn and for the stationing of two mobile homes for the purposes of human habitation. The notice required that the use of the two mobile homes for the purposes of human habitation be discontinued and for the removal of the said mobile homes and the wooden extensions and porches from the land.

4.2 An appeal was lodged against the enforcement notice as it was claimed by the appellant that at the time the enforcement notice was issued it was too late to take enforcement action against the matters stated in the notice. The appeal, which was considered by way of a Public Inquiry, was allowed and the enforcement notice was quashed.

4.3 The Inspector found that:

2 "The appeal site was a disused agricultural barn with associated land around it. When the Valler family bought the land and moved their caravans on to it, the barn had the benefit of planning permission for conversion to a dwelling but nothing had been done to implement that permission. Once they began work the land became a building site with caravans parked on it. As the agricultural use had ceased, and Section 336 of the Act says that 'use' does not include the use of land for the carrying out of any building operations on it, the only use being made of the land for the purposes of the Act was use for the stationing of caravans for human habitation. The Act defines land so used as 'a caravan site'. I conclude that in 1993 the use of the land changed from agriculture to use as a caravan site; that was a material change for which planning permission was required."

4.4 The Inspector therefore found that the land had been used for a mixed residential and caravan site use for a period of over 10 years, and as a result this had become the lawful use of the land. The Inspector concluded; "I direct that the enforcement notice be corrected by deleting the words "as garden land to the dwellinghouse known as Marsh Farm Barn" in clause 3 and inserting in their place the words "for the purposes of a dwellinghouse". Subject to this correction I allow the appeals, and direct that the enforcement notice be quashed."

4.5 The decision of the Inspector resulted in an established lawful use of the land for a mixed residential and caravan site use on the land. Therefore, in the event that the land which forms the current application site had not been separated from Marsh Farm Barn, the wider area of land could have been lawfully used for the stationing and occupation of an unlimited number of caravans across the whole site, including the northern section, now the subject of the current application.

90/00048/E PER Conversion of redundant farm building to single dwelling.

93/00141/FUL PER Conversion of redundant farm building to single dwelling.

96/00673/FUL PER Conversion of barn to new dwelling house (amendment to previous permission).

06/02730/FUL REF Landscaped bund.

10/05573/FUL PER Retention of an agricultural metal shed sited on agricultural land.

11/05394/FUL REF Engineering works to ditches at Marsh Farm Barn, construction of a new vehicle access and track and retention of a hardstand.

12/00058/REF DISMIS Engineering works to ditches at Marsh Farm Barn, construction of a new vehicle access and track and retention of a hardstand.

3 13/00090/REF DISMIS Proposed extension and alteration to curtilage of permitted caravan site along with re- organisation of units in order to meet site licence requirements and to facilitate siting of replacement twin units on concrete hardstandings.

13/01023/FUL REF Proposed extension and alteration to curtilage of permitted caravan site along with re-organisation of units in order to meet site licence requirements and to facilitate siting of replacement twin units on concrete hardstandings.

13/01034/FUL PER Permanent change of use from agriculture to self storage facility (previous temporary permissions expired or soon to expire) and provision of additional storage units.

14/01860/DOM PER Repair/rebuild outbuilding.

06/00036/ENF ALLOW Appeal against Enforcement Notice

5.0 Constraints

Listed Building NO Conservation Area NO Rural Area YES AONB NO Tree Preservation Order NO South Downs National Park NO EA Flood Zone - Flood Zone 2 YES - Flood Zone 3 YES Historic Parks and Gardens NO

6.0 Representations and Consultations

4 6.1 Parish Council

Initial response received

Objection - At its meeting on 27th November 2014, Earnley Parish Council resolved to object to this application on the following grounds: 1. Density of the whole site 2. In particular unit 3 which is likely to result in harm to the living conditions to the occupiers of Marsh Farm Cottage, contrary to LP Policy BE11

Additional comments received 25th March 2015

Further to our objections already submitted this Council wishes to raise several points relating to the plan submitted as there are a number of anomalies and omissions. - Some caravans appear closer than 3m from the boundary and 6m apart which we understand to be the legal requirements. However, there seems to be no scale by which we can accurately check - There are no designated parking spaces for four cars as would be required - We cannot find reference to a waste bin storage area - It appears that the feature flint will on western boundary is to be demolished as it does not appear - There is no marked location for the sewerage treatment plan and this is fundamental to the health and safety requirements for the site - It is unclear as to which is the main access to the site. The council are puzzled as to why gates are to be installed halfway down the western side drive and not to the eastern side. - There is no planting scheme for the subsequent screening. For all these discrepancies we are hopeful that the council will not accept this plan in its current form.

Further comments received 8th June 2015 (in summary)

Earnley Parish Council strongly object to this retrospective application.

Design and Access Statement - Dispute the status of the applicant. Despite the claims by the applicants planning consultant that the site has been Gypsy and Traveller site for over 10 years. The original retrospective application for residential caravans on the site was stated for the purpose of providing on site accommodation during the work to convert the barn for habitation. The barn has been converted and sold to Mr Holleran whose objections to the application are on the website dated 26 March and 25 May 2015.

Officer Report (in relation to previous committee report)

No mention of recent appeal decision refused on grounds of unsustainable location and harm to neighbours Concerns of Environmental Health Officer underplayed in an unbalanced way Comments from Licensing officer written in context of residential site not a Gypsy and Traveller site. No reference to Good Practice Guide May 2008 Weight of emerging local plan not apparent in report Landscape plan inadequate because it relies on land not owned by the applicant

5 Contest that site is not isolated and would not dominate the settled community Is the application for Gypsy and Traveller site or not? Screening to the west of the site has been removed by the land owner and replace planting will not be allowed by the land owner (Medmerry Park) Detailed landscaping should be made available for the application is considered and not as a subsequent condition Details of surface water dispersal, foul drainage, provision of bin storage should not be treated by condition. The site is cramped and it's difficult to see how requirements can be met. Proposal must comply with the Designing Gypsy and Travellers Sites Good Practice.

Planning Policy for Travellers

Site is 2.5km from nearest bus service, 4km from shops in East Wittering, 1km from nearest public road. This cannot be considered a sustainable location.

Designing Gypsy and Travellers Sites Document

The application does not specify whether site is permanent or transient. Proposal does not comply with 3.4, 3.5, 4.1 bullet point 3 and no evidence 4.24 has been complied with. Have the Fire and Rescue Service confirmed access road is in excess of the required 3.7m width. There is no provision for amenity building or day living room.

Query how Gypsy and Traveller heritage is assessed.

Whilst need to provide pitches if understood, this site for the all the reasons set out above is wholly unsuitable. The correct approach to properly determining the best locations for these sites is through the Council's Site Allocations DPD process of the Local plan.

6.2 Environment Agency

I can confirm that we have no objection to the proposal. The proposed development will only meet the requirements of the National Planning Policy Framework if the following measure(s) as detailed in the Flood Risk Assessment submitted with this application are implemented and secured by way of a planning condition on any planning permission.

Condition 1: The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) 5 January 2012, Daniel Brown, Hemis and the following mitigation measures detailed within the FRA: Finished floor levels are set no lower than 4.1 m above Ordnance Datum (AOD). The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

The Environment Agency does not normally comment on or approve the adequacy of flood emergency response procedures accompanying development proposals, as we do not carry out these roles during a flood. Our involvement with this development during an emergency will be limited to delivering flood warnings to occupants/users covered by our flood warning network. In all circumstances where warning and

6 emergency response is fundamental to managing flood risk, we advise local planning authorities to formally consider the emergency planning and rescue implications of new development in making their decisions.

6.3 WSCC - Local Development Division

The application seeks approval for the change of use of land to accommodate the siting of 4 x residential caravans with ancillary works. The access road is single track for the majority of its length but has several passing places to facilitate two way flows. The nearest public highway is Clappers Lane which would appear adequate to support the small amount of vehicles that would be expected to and from the site. It is also not considered that the proposed development would result in a significant increase in vehicle movements from those that have historically occurred on the site.

Therefore no concerns are raised to this application from a highways perspective.

6.4 CDC - Planning Policy

The Chichester Local Plan: Key Policies has been found sound by the Planning Inspector; a report is going to Cabinet and Council on 14th July to adopt the Local Plan. As the Local Plan has been subject to public consultation and a successful examination it has significant weight.

The Chichester Local Plan: Key Policies Pre-Submission document contains Policy 36 Planning for Gypsies, Travellers and Travelling Showpeople. The policy sets out a criteria based approach to identifying sites within the plan area as part of a forthcoming Gypsy and Traveller Site Allocation DPD and for determining planning applications. This is consistent with paragraph 10 of Planning Policy for Traveller Sites (PPfTS) which says "Criteria should be set to guide land supply allocations where there is identified need".

The application should be judged against the criterion within Policy 36, the site is considered to be close to Bracklesham and East Wittering which is a settlement with local services and facilities (criterion 1). Criterion 5 indicates that locations should avoid areas of flooding; the existing site is within flood zone 3 and the proposed extension is within flood zone 2. Therefore a flood risk assessment has been forwarded with the application (Policy 42) which concludes that there a mitigation measures available for the caravans.

Other relevant Local Plan policies include: 1, 39, 40, 42, 45, 47, 48, 49 and 50.

Coastal Authority Gypsy and Traveller and Travelling Showpeople Accommodation Assessment (GTAA) and Five Year Supply

As part of the Council's assessment of need, the Council in partnership with the Coastal West Sussex Authorities (Arun, Adur and Worthing) and the South Downs National Park Planning Authority with support from West Sussex County Council, commissioned a Coastal West Sussex Authority Gypsy and Traveller and Travelling Showpeople Assessment (GTAA) (2012/13).

7 The GTAA identified a total need for 59 pitches for gypsies and travellers and 18 plots for travelling showpeople within the Plan area during the plan period. With a specific need for 37 gypsy and traveller sites before 2017. The Council has granted permission for 36 pitches which means there is a shortfall of 1 compared to the GTTA requirements (as outlined in Policy 36).

As the Five Year Supply is rolled forward we currently have 3.9 years supply of pitches. There is therefore a need for 1 pitch (up to 2017) and a further 6 for the period 2018 - 2020.

Conclusion

It is acknowledged that there is a need for gypsy and traveller sites within the plan area, with a requirement for 1 pitch up to 2017 (in line with the GTTA and Policy 36) and with only a five year supply of 3.9 years up to 2020. There is a need however to plan positively through the preparation of the Gypsy and Traveller Site Allocation DPD in order to select the most suitable sites for the District and work has commenced on this. In this instance we do not consider there is a policy objection in principle, due to the lack of 5 year supply. However, supply is only one element in the overall consideration of the acceptability of development. It will be important therefore to take account of the specific circumstances of the site and weigh those carefully against the lack of overall supply. It may be prudent to make a balanced judgement on this basis once all material considerations have been taken into account.

6.5 CDC - Environmental Health Officer

Some concern about proximity of the caravan site to neighbouring properties. It seems that Marsh Farm Cottage and the converted barn will be subject to noise and activity associated with the four dwellings in close proximity, where previously there was an agricultural field. I do not anticipate any industrial or commercial noise, but nevertheless there will be a loss of tranquillity that was previously enjoyed.

There is some partial information about the proposed drainage system, the information lists a WPS Diamond DMS2 sewerage treatment system. This causes concern as this is only a small sewerage treatment system. An undersized system would not treat sewerage adequately and result in environmental pollution.

Recommend condition requiring foul drainage to be approved.

6.6 CDC - Drainage Engineer

Flood risk - the development is within flood zone 2, at risk of tidal flooding. The Environment Agency should be consulted.

Surface Water Drainage - the proposed means of surface water drainage is via soakaways, this approach is acceptable in principle and should be design based on groundwater monitoring and percolation tests.

The accompanying FRA makes reference to ditches in a poor condition which are to be cleared, it does not mention any alterations to the watercourses. If any alterations are proposed then land drainage consent would be required. The layout must also ensure adequate access for future maintenance of all watercourses. Recommend conditions regarding impact on watercourses.

8 6.7 CDC - Licensing

The Council is in receipt of a Caravan Site Licence application which can only be approved once the status of the application is known. Recommend an advisory that if planning permission is granted that a Caravan Site Licence will be required.

6.8 There have been 75 letters of objection received concerning the following matters:

a) Increase in traffic; b) Lack of infrastructure; c) Inappropriate location; d) Disturbance to neighbours; e) Loss of agricultural land; f) Increase use year round; g) Lead to pressure for more; h) Delightful rural location spoilt by encroaching development; i) Disturbance caused by caravans, lorries and commercial vehicles; j) Strain on drainage; k) Dangerous precedent for future development; l) Cess pit undersized and unlikely to be maintained; m) No proper access; n) In strategic gap; o) Landscape plans not to scale; p) Screening of site not adequate; q) Density of site; and r) When purchasing March Farm Barn led to believe there would only be 2 caravans occupied for 6 months per year; s) Affect quiet enjoyment of holiday park t) Affect agricultural land u) Would affect nature reserve v) Unsustainable w) Concerns about land ownership x) Could lead to increase y) No need for development

6.9 There have been 12 letters of support received, including letters from doctors, concerning the following matters:

a) Respected family within the community; b) Lived on site for 20 years; c) Family have health problems to take into account; d) Receives care at East Wittering Medical Centre and St Richards Hospital; e) Family supports local shops, the community and carries out charitable work for the Church; f) Applicants now live with sons and grandchildren; g) Have support of village; h) Need to be settled due to ill health; i) No more traffic than last 22 years; and j) One resident works in a local care home.

9 7.0 Planning Policy

The Development Plan

7.1 The Development Plan for outside the South Downs National Park comprises the Chichester Local Plan: Key Policies 2014-2029 and all made neighbourhood plans. There is no adopted neighbourhood plan for Earnley at this time.

7.2 The principal planning policies relevant to the consideration of this application are as follows:

Chichester Local Plan

Policy 1: Presumption in Favour of Sustainable Development Policy 36: Planning for Gypsies, Travellers and Travelling Showpeople Policy 39: Transport, Accessibility and Parking Policy 45: Development in the Countryside Policy 48: Natural Environment Policy 49: Biodiversity Policy 50: Development and Disturbance of Birds in Chichester and Langstone Harbours Special Protection Areas Policy 52: Green Infrastructure

National Policy and Guidance

7.3 Government planning policy now comprises the National Planning Policy Framework (NPPF), paragraph 14 of which states: At the heart of the NPPF is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision- taking: For decision-taking this means unless material considerations indicate otherwise: - Approving development proposals that accord with the development plan without delay; and - Where the development plan is absent, silent or relevant policies are out-of-date, granting planning permission unless any adverse impacts of doing so would significantly or demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or specific policies in (the) Framework indicate development should be restricted.

7.4 Consideration should also be given to paragraph 4 and 17 (Core Planning Principles),

7.5 The government's New Homes Bonus (NHB) which was set up in response to historically low levels of housebuilding, aims to reward local authorities who grant planning permissions for new housing. Through the NHB the government will match the additional council tax raised by each council for each new house built for each of the six years after that house is built. As a result, councils will receive an automatic, six-year, 100 per cent increase in the amount of revenue derived from each new house built in their area. It follows that by allowing more homes to be built in their area local councils will receive more money to pay for the increased services that will be required, to hold down council tax. The NHB is intended to be an incentive for local government and local people, to encourage rather than resist, new housing of types and in places that are sensitive to local concerns and with which local communities are, therefore, content. Section 143 of the Localism Act which amends S.70 of the Town and Country

10 Planning Act makes certain financial considerations such as the NHB, material considerations in the determination of planning applications for new housing. The amount of weight to be attached to the NHB will be at the discretion of the decision taker when carrying out the final balancing exercise along with the other material considerations relevant to that application.

7.6 In addition to the overarching policies of the NPPF, it is also relevant to have regard to the supporting document, Planning Policy for Travellers Sites (PPTS), published at the same time as the NPPF. The overarching aim of the PPTS 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.

The PPTS lists the Government's key aims in relation to Traveller sites, including: - To promote private traveller site provision while recognising that there will always be those travellers who cannot provide their own sites - To increase the number of traveller sites in appropriate locations with planning permission, to address under provision and maintain an appropriate level of supply - To reduce tensions between settled and traveller communities in planning decisions - To enable provision of suitable accommodation from which travellers can access education, health, welfare and employment infrastructure. - To have due regard to the protection of local amenity and the local environment.

In terms of provision, paragraph 25 confirms that if a local planning authority cannot demonstrate an up-to-date five-year supply of deliverable sites, this should be a significant material consideration in any subsequent planning decision when considering applications for the grant of temporary planning permission. This came into force 12 months after publication that is March 2013.

Policy H: 'Determining planning applications for traveller sites is particularly relevant.

7.7 The Designing Gypsy and Traveller Sites Good Practice Guide 2008 is also relevant to the consideration of this application.

Other Local Policy and Guidance

7.8 The aims and objectives of the Council's Sustainable Community Strategy are material to the determination of this planning application. These are:

B1: Managing a changing environment B2: Greener living B3: Environmental Resources C3: A culturally enriched and empowered community D1: Increasing housing supply D4: Understanding and meeting community needs E4: People will have easier access to services at a local level

11 8.0 Planning Comments

8.1 The main issues arising from this proposal are:

i) Principle of development, including the sustainability of the site ii) Current Gypsy Site Provision iii) Design and Impact upon character and appearance of the area iv) Flood Risk v) Impact on neighbouring amenity vi) Highways vii) Other matters

Assessment

i) Principle of development, including sustainability of the site

8.2 As set out in the planning history the land previously benefited from a lawful mixed residential and caravan site use, however due to the creation of a new planning unit separate from the dwelling known as Marsh Farm Barn a material change of use has occurred. The use of the land has therefore now changed to being solely that of a caravan site. The information submitted with the application demonstrates that the caravans proposed on the site would be occupied by Gypsies and Travellers. The main consideration is therefore whether the proposed use and the associated operational development accord with the requirements of the Planning Policy for Traveller Sites (PPTS) which is the national policy document for Gypsy and Traveller sites, the development plan and other relevant guidance. In this instance however there should also be regard to the previous use of the site as a mixed residential and caravan site use, which could have resulted in an unlimited number of caravans on the application site.

Policy Context

8.3 The LPA is in the process of producing a Gypsy, Traveller and Travelling Showpeople Site Allocation DPD. Consultation on the Preferred Approach document is due to take place from 7 January to 18 February 2016 with consultation on the Pre-Submission Document from 26 May 2016 to 7 July 2016, Submission in September 2016 and Examination in January 2017. It is intended that This document will allocate sites to meet the identified need for Gypsy, Traveller and Travelling Showpeople. At this time the document has not progressed sufficiently to carry any weight in the determination of this application.

8.4 The PPTS requires planning applications to be determined in accordance with the development plan unless material considerations indicate otherwise. It also advises that applications should be assessed and determined in accordance with the presumption in favour of sustainable development and the application of specific policies in the NPPF and policy H of the PPTS.

8.5 Paragraph 22 of Policy H advises that planning authorities should consider a number of issues amongst other relevant matters when considering planning applications for traveller's sites. These include:

a. The existing level of local provision and the need for sites b. The availability (or lack) of alternative accommodation for the applicants

12 c. Other personal circumstances of the applicant d. That the locally specific criteria used to guide the allocation of sites in plans or which form the policy where there is no identified need for pitches/plots should be used to assess applications that may come forward on unallocated sites e. That they should determine applications for sites from any travellers and not just those with local connections.

8.6 Paragraph 23 of policy H advises that LPAs should strictly limit new traveller site development in open countryside that is away from existing settlements or outside areas allocated in the development plan. Furthermore, LPAs should ensure that sites in rural areas respect the scale of, and do not dominate the nearest settled community and avoid placing an undue pressure on the local infrastructure.

8.7 Paragraph 25 of Policy H of the PPTS states that if a local planning authority cannot demonstrate an up-to-date five-year supply of deliverable sites, this should be a significant material consideration in any subsequent planning decision when considering applications for the grant of temporary planning permission. The current need for Gypsy sites is set out in section 6.4 of the report, and the lack of a five year supply of deliverable sites is a significant material consideration in the determination of this application.

8.8 Paragraph 24 of Policy H advises that 'when considering applications, local planning authorities should attach weight to 4 matters: a. Effective use of previously developed (brownfield), untidy or derelict land b. Sites being well planned or soft landscaped in such a way as to positively enhance the environment and increase its openness c. Promoting opportunities for healthy lifestyles, such as ensuring adequate landscaping and play areas for children d. Not enclosing a site with so much hard landscaping, high walls or fences that the impression may be given that the site and its occupants are deliberately isolated from the rest of the community.

8.9 Policy C of the PPTS relates to sites in rural areas and the countryside and is outlined at paragraph 12 of the PPTS. This policy requires local planning authorities, when assessing the suitability of sites in rural or semi-rural settings, to ensure that the scale of such sites does not dominate the nearest settled community.

8.10 Policy 36 of the Chichester Local Plan: Key Policies 2014-2029 is now the development plan policy for new Gypsy and Traveller sites. This policy states that proposals will be supported where it can be demonstrated that the following 6 criteria have been met; 1) Well related to existing settlements/close to major roads and/or public transport 2) Safe and Convenient vehicular access 3) Reasonable level of visual and acoustic privacy for occupiers and neighbours 4) Does not compromise nationally important features 5) Avoid areas of Flood Risk 6) Not dominate settled community

Assessment against policy requirements

8.11 The national and local planning policies set out above deal with the matter of the principle of development, but also a number of detailed planning considerations regarding the impact upon the landscape, highway safety, amenity and flood risk. Each of these detailed matters are addressed in detail in the subsequent sections of this

13 report. In addition, the current Gypsy site provision, and the resultant need for additional Gypsy and Traveller pitches, is also set out within the subsequent section of the report.

8.12 In terms of the principle of development and the sustainability of the site, the site lies in a rural area rather than within or on the edge of an existing settlement, although the settlement of East Wittering and Bracklesham is nearby, where there are a range of services and facilities available. In addition, there is a bus service from Bracklesham Lane to East Wittering and also to Chichester. It is acknowledged that an appeal Inspector previously considered the site to be unsustainable, having regard to the nature of the proposal in relation to the proximity of the site to the nearby settlement and the availability of sustainable modes of transport, it is considered that the needs of the future occupiers could be met locally. Therefore the proposal would be in accordance with the relevant requirements of the NPPF, the PPTS and Policy 1 of the Local Plan in terms of the presumption in favour of sustainable development.

8.13 The NPPF and the PPTS also seek to make best use of previously developed land. Whilst the site is within the rural area it benefits from a lawful use for the stationing of caravans and a dwelling, a mixed use not significantly different to the current proposal. The proposal would make use of the existing site upon which it would previously have been possible to provide any number of caravans (subject to separate licencing requirements) to develop a site for 4 caravans only, and this would be the subject of a condition, which would go towards meeting the small remaining shortfall in the number of pitches required. The proposal would therefore make effective use of previously developed land.

8.14 Policy C of the PPTS and Policy 36(6) also seek to ensure that in rural areas sites do not dominate the nearest settled communities. The application site lies within the open countryside, however it is bound by two residential properties and there is a holiday park nearby. It is therefore considered that the site is set away from, but not isolated from, nearby properties and the proposal would not dominate the settled community. Furthermore, the proposal is not of a scale that would place undue pressure on local infrastructure. The proposal therefore accords with national and local policy in respect of its impact upon the existing community and local infrastructure.

8.15 In conclusion, in respect of the relevant national and local planning policies that require new developments to be sustainable, the principle of the proposed development would be acceptable. However, other material considerations such as the impact upon neighbours, the character and appearance of the rural area and highway safety, as assessed in this report, must be carefully considered in the determination of this application.

ii) Current Gypsy Site Provision

8.16 There is an accepted need for a minimum of 59 pitches for gypsy and travellers in the District by 2027, including 37 pitches before 2017. This figure was established after the Council, together with the other West Sussex coastal authorities commissioned a Gypsy and Traveller and Travelling Showpeople Accommodation Assessment (GTTSAA) in April 2013. The Council has granted permission for 36 pitches which means there is a shortfall of 1 compared to the GTTSAA requirements (as outlined in Policy 36) until the year 2017. As the Five Year Supply is rolled forward the Council currently has a 3.9 year supply of pitches. There is therefore a need for 1 pitch (up to 2017) and a further 6 for the period 2018 - 2020. On this basis there is inadequate

14 provision for gypsy and traveller pitches in Chichester district at present and therefore an outstanding need for pitches, to which this proposal would make a significant contribution.

8.17 The two public Gypsy and Traveller sites in Chichester District (Easthampnett and Westbourne) are fully occupied and therefore no public pitches are available to the applicant. The applicant and his family have resided on the site for a considerable length of time and are settled within the local community. In addition, representations have been received stating that the applicant and family members are receiving on- going medical treatment at the local medical practice and St Richards Hospital, which indicates that continuity of care is desirable and in the applicant's best interests. These personal circumstances should be taken into consideration, in addition to the general lack of available pitches in the district in accordance with parts a-c of Paragraph 22.

8.18 The identified need, the lack of alternative accommodation and also the needs of the applicants must therefore be weighed against other material considerations.

iii) Design and Impact upon character and appearance of the rural area

8.19 The NPPF requires all new development to be of a high standard of design. Paragraph 58 states that new development should aim to ensure that new developments, inter alia, function well, add to the overall quality of an area, respond to local character and are visually attractive. The application site is visible from the public footpath to the west of the application site due to a lack of screening along the western boundary of the site. Although the site is viewed in the context of the barn conversion to the south, the neighbouring dwelling to the east, and an agricultural building to the north, due to the flat topography of the surrounding area the application site is highly visible through the gaps in planting along the western boundary of the site.

8.20 The landscape proposals submitted with the application show that a new native buffer of planting would be provided alongside the western end of the development. However, it has become apparent that the land upon which the planting would be provided would not be within the control or the ownership of the applicant. Therefore it is considered that it would not be possible to secure the necessary landscaping required to mitigate the visual impact of the proposal upon the surrounding rural area. Consideration has also been given to the recent visual impact of the lawful use of the land as a mixed use caravan site and dwelling. However, due to the re-location of the caravans in the northern part of the site, where there is a lack of screening, the visual impact would be greater in terms of the views from the west of the site.

8.21 In addition to concerns about the impact of the proposal upon the character and appearance of the surrounding rural area, it is also considered that the proposal would not constitute a high quality of design as required by the NPPF and it would not follow the Good Practice Guide due to the cramped and over-developed layout of the proposed development. The Good Practice Guide acknowledges that the requirements for individual pitches on a permanent site would vary as a result of the different needs of the occupiers, however "as a general guide, it is possible to specify that an average family pitch must be capable of accommodating an amenity building, a large trailer and touring caravan, (or two trailers) drying space for clothes, a lockable shed (for bicycles, wheelchair storage etc), parking space for two vehicles and a small garden area". (Paragraph 7.12)

15 8.22 Although the caravans are sited to ensure that the legal requirements are met in terms of proximity to boundaries, due to the size there is little space around the caravans to provide amenity space, space for amenity buildings, or space for touring caravans. Given the mix of residents on the site it is considered that the provision of space for storage, touring caravans and garden space would be required to meet the needs of the occupiers. Without sufficient space on the site to provide such accommodation, not only would the proposal have a cramped and over-developed appearance, it would also be likely to lead to pressure to make use of the field to the north of the site to serve the functions lacking within the application site which would exacerbate the harm to the character and appearance of the rural area, but it would also fail to support the travelling lifestyle of the future occupiers of the site.

8.23 For the reasons set out above it is considered that as a result of the poor quality of the site layout and the cramped nature of the development the proposal would be contrary to the requirements of the NPPF, the Chichester Local Plan and also the Good Practice Guidance and of significantly greater impact than the result of the previous use of the wider area of land.

iv) Flood Risk

8.24 The application site lies within Flood Zone 2 and adjacent to a watercourse. Although national and local planning policies seek to direct new development away from areas at most risk of flooding the Environment Agency has no objection to the proposed development given the previous lawful use of the land as a mixed residential and caravan site use. The previous use of the land surrounding Marsh Farm Barn included caravans within Flood Zone 3, and there was no restriction on the number of caravans on the land. The proposed development as a result of there being a maximum of four caravans, and their location within Flood Zone 2 only, therefore constitutes betterment in terms of the level of flood risk. In addition, the flood risk assessment sets out appropriate measures to ensure safe egress in the event that flooding occurs. In the In the event that permission is granted, it is recommended that a condition be included to ensure that the works are carried out in accordance with the mitigation measures set out in the flood risk assessment.

8.25 The Council's drainage engineer has not raised objection to the proposed use of soakaways to drain the site, subject to their design being informed by ground water monitoring. The applicant is aware of the need to maintain the ditches that run alongside the site, and is in the process of carrying out maintenance works. It is therefore considered that the proposal would not increase risk of flooding on the site or elsewhere. The proposal therefore accords with national and local policies in this respect.

v) Impact upon residential amenity

8.26 The application site lies adjacent to 2 dwellings. Regard must be had to the impact of the proposal upon the amenity and living conditions compared to the former authorised use of the land as a caravan site. The site is separated from the barn to the south by a 1.8m fence, and there is also an existing fence along part of the eastern boundary and a further fence is proposed around the north east corner of the site to increase the screening from Marsh Farm Cottage.

16 8.27 The proposed caravans would be situated at least 3m from the site boundary, which means that the caravans would be no closer than 7m to Marsh Farm Barn to the south of the site, and 25m from Marsh Farm Cottage to the north east of the site. The impact upon the occupiers of the neighbouring dwellings has been considered carefully. There would be a fence and mature planting between the proposed caravan on the eastern edge of the site and the neighbouring dwelling at Marsh Farm Cottage and it is considered that this form of boundary treatment and the separation distance between the proposal and the neighbouring dwelling would minimise the impact of the proposal upon the living conditions of the occupiers of Marsh Farm Cottage. There is an existing close boarded fence along the boundary with Marsh Farm Barn and no objections have been received from the occupier of the dwelling in respect of noise and disturbance or overlooking.

8.28 Regard has been given to the objections received, however on balance, and taking into consideration that the neighbour closest to the site has not objected on the grounds of noise and disturbance it is considered that when taking into account the previous lawful use of the site for the stationing of caravans, that the proposal would not have a significant adverse impact upon the amenities of neighbours to warrant refusal of the application or to outweigh the other relevant material planning considerations.

vi) Highways Impact

8.29 The Highways Authority have advised that the proposed use of the land as a gypsy and traveller site would not result in a material change to the level of traffic coming to and from the site and that the proposed access arrangements were acceptable and therefore the proposal would not have an adverse impact upon highway safety or the highway network. However, it has become apparent that the eastern half of the access track is not within the ownership or control of the applicant (being in fact within the ownership of Marsh Farm Barn), and that there is no indication that the nursery rights for the applicant to use this track can be secured. Therefore, the information currently available indicates that the proposed access shown on the plans would not necessarily be available for use by vehicles entering and egressing the application site.

8.30 The Good Practice Guide states access roads should not be less than 3.7m wide. The width of the access is restricted by a ditch that runs along the western edge of the access track, and therefore it would not be possible to move the access track west to avoid the land which is not within the applicants' ownership. As such, the resultant width of the access track would be approximately 2m, which would not provide sufficient space for cars to pass. Given the length of the access track, the nature of the use and the number of caravans proposed it is considered necessary to provide sufficient width for large vehicles, including emergency vehicles, and a safe passing space for vehicles entering and egressing the site.

8.31 In the absence of an access sufficient in width to provide access for emergency vehicles and passing places for vehicles it is considered that the proposal would be unable to demonstrate that safe and convenient access can be provided. As such, the proposal fails to meet the requirement of policy 36 and the Good Practice Guide in respect of safe and convenient vehicular access.

vii) Other matters

17 8. 32 The site lies within 5.6km of the Chichester Harbour and Langstone Special Protection Area 'zone of influence' where new development may have a significant effect on the Special Protection Area, SSSI, SAC and Ramsar site from future occupiers. However, the proposal would not result in an increase in the residential use of the site, given that it has a lawful use as a caravan site which could be occupied by a greater number of caravans and therefore in accordance with Policy 50 of the Local Plan mitigation in the form of a financial contribution is not required.

Conclusion

8.33 Based on the above assessment, taking account of all relevant material planning considerations it is considered that the proposal runs contrary to the provisions of the Planning Policy for Traveller Sites and the relevant development plan policies. Whilst the unmet need for gypsy and traveller pitches in general and the human rights of the applicant are afforded weight it is not sufficient to outweigh the harm identified as a result of the proposed development and it application is therefore recommended that the application be refused.

Human Rights

8.34 In reaching this conclusion the Human Rights of the applicants and nearby occupiers have been taken into account when reaching this recommendation (including continuing medical care and the needs of a child), however these do not outweigh the harm caused by the development and it is concluded that the recommendation to refuse is justified and proportionate.

Equalities

8.35 In reaching this conclusion officers have given particular weight to the Equality Act 2010 which states in section 29 that 'a person must not, in the exercise of a public function [which includes the determination of planning applications] do anything that constitutes discrimination, harassment or victimisation'. Officers have sought guidance as to the extent to which this section requires 'positive discrimination' or indeed requires weight to be given to the disabilities of an applicant above and beyond weight normally accorded to 'personal circumstances', but have not been able to identify any government advice or case law which is relevant.

"In addition to the provisions of section 29 of the Act, s149 of the Act provides the following: Public sector equality duty:

(1) A public authority must, in the exercise of its functions, have due regard to the need to: (a) Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act. (b) Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it. (c) Foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

18 8.36 These duties are triggered by the exercise of functions which include the determination of planning applications that have equality implications. This section must be treated as engaged in this particular case and therefore 'due regard' must be given to the applicant's particular needs. It is not sufficient to have equality in mind at a general or policy level.

RECOMMENDATION REFUSE

1 U95606 - Access 2 U95607 - Cramped Layout and Design

INFORMATIVES

1 W47F App Ref With Discussion - WWF

For further information on this application please contact Fjola Stevens on 01243 534734

19