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Gr/2009/0104 11.11.2009

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Gr/2009/0104 11.11.2009 8 week date Application No. Date of meeting 28.09.09 GR/2009/0104 11.11.2009 Land at Millers Farm Wrotham Road Meopham DA13 0QA Use of land as a private Gypsy & Traveller site for two pitches to accommodate two mobile homes and two touring caravans on a permanent basis. Messrs. J. A. & A. J. Vine Recommendation: Grant a further temporary permission for 3 years in accord with the transitional arrangements of ODPM Circular 01/06 with an informative advising that the current position will be reviewed in the light of the emerging South East Plan, Local Development Framework and the North Kent Gypsy & Traveller Accommodation Assessment (GTAA). 1. Site Description The application site is situated on the east side of the A227 Wrotham Road 360 metres north of its junction with Harvel Road. The land is roughly rectangular in shape having a frontage width of 65 metres, a depth of 45 metres and an area of 0.3 hectares. The site is currently being used for the stationing of caravans for the residential occupation by two gypsy families. The caravans are positioned on a hardstanding area and include 2 residential mobile homes and a touring caravan. To the south of the caravans and within the appeal site is an ‘L’ shaped former agricultural building constructed of blockwork and corrugated metal roof which is used as a utility area and for storage. The site has a gated vehicular access to the A227 which is set back from the highway. The appellants also own a larger area of agricultural land beyond the appeal site to the north and east extending to about 5 hectares. On this area is a small timber building being used as a dog kennel and a group of concrete buildings providing 9 stables and a container used for storage. Beyond the stables is a dilapidated pole barn. The site abuts a residential dwelling known as The Grange (formerly Tower Folly) to the south, open countryside to the north and east and the A227, a primary distributor route to the west. The boundary between Gravesham Borough and Sevenoaks District runs down the centre of the A227 at this point. To the north of the appeal site and very close to its boundary is a public footpath, NS278. A further public footpath, also NS 278 runs through the agricultural land. The area is rural in character and the site lies approximately 8 miles south of Gravesend Town Centre, being outside the identified confines of the nearby villages of Culverstone Green and Vigo. 1 The site was until the mid 1970’s within an area of approximately 60 acres of land situated between the Wrotham Road and Harvel Road, Meopham and which constituted Rose Farm, Fairseat. In about 1976 the farm was fragmented into lots of varying acreages and sold off at auction separately from the farm house. The appeal site together with the adjacent land is the subject of an Article 4 Direction (The Gravesham Borough Council (Land at former Rose Farm, Meopham, Kent) Article 4 Direction 1979). That Direction withdraws permitted development rights within the now Town and Country Planning (General Permitted Development) Order for the following development: Gates, fences and walls; construction of a means of access to a highway; operations on land; temporary uses of land; use of land for recreation; agricultural development; forestry development; & use of land as a caravan site. 2. Planning History There is a lengthy planning history in recent years relating to the appeal site as follows: Application reference GR/78/798. Outline application for the erection of a dwelling for use as a farmhouse on land forming part of Rose Farm, Wrotham Road. Refused 19 th December 1978. Appeal dismissed 8 th April 1980. Application GR/89/300. Stationing of a mobile home for use as an agricultural residence at Millers Farm. Refused 22 nd June 1989. Application GR/89/982. Stationing of a mobile home for use as agricultural workers residence. Refused 13 th February 1991. Application GR/91/770. Continued use of land for the stationing of one caravan/mobile home for use by a gypsy family. Refused 27 th February 1992. Enforcement action was taken pursuant to the refusal of application GR/91/770 for the continued use of land for the stationing of one caravan/mobile home for a gypsy family in 1992. The caravan was moved on to the site in November 1991 by a previous owner of the site Mr. & Mrs. Love. An Enforcement Notice was served on 13 th July 1992 and took effect on 14 th September 1992. The notice required: a) discontinuance of the use of the land for the stationing of a caravan for residential purposes. b) removal of all caravans stationed on the land. c) removal of fencing. An appeal against the Notice was lodged and following a public inquiry was dismissed and the notice was upheld. The Inspector stated that: “There is no justification to override the strong policy and environmental objections to the development on the basis of the need to accommodate this gypsy family”. The compliance period for the notice was however extended to 6 months. Application 95/0103 This application was submitted in 1995 by the current appellant, J. Vine, for the use of an agricultural barn as a rest room/lounge with WC and erection of a new roof over barn. The applicant was advised that the proposals should also include the use of the land for the keeping of horses. A letter was sent to the applicant’s agent on 23 rd March 1995 but as no response was received and the application was treated as withdrawn. Application GR/2000/0092 Was an application for the continued use of land for the stationing of residential caravans and the stationing of a portaloo and again sought permission for the retention of gypsy caravans. The application was refused by the Council on 3 May 2000 and was subsequently taken to appeal. In considering the appeal the Inspectorate choose to amend the description to a change of use of land from agriculture and stabling to residential for two gypsy families in caravans, namely Mr. J. A. Vine, his brother (Mr. A. J. Vine) and respective families. In considering the appeal the Inspector Mr. S. J. Papworth felt that the main issues for consideration were if it constituted inappropriate development in the Green Belt and whether any very special circumstances had been put forward to overcome any detriment. In conclusion he acknowledged that the use was an inappropriate development which would harm the openness of the Green Belt and that no very special circumstances had been put forward to override the harm that he identified. However he concluded that Mr. Vine’s daughters’ education carried sufficient weight to allow a temporary permission which would allow reversion to the previous use without prejudicing the principles of PPG 2 and Green Belt policies within the Council’s adopted Local Plan. He subsequently granted a 3 year temporary permission to Mr. J. A. Vine, his brother A. J. Vine and their respective families; and restricting the number of caravans and station of toilet facilities. Application 01/0009 Was as application for a variation of Condition 5 attached to GR02/0092 order to enlarge the area of hardstanding for the caravans and to erect a post and wire fence around the site. This was approved by the Council on 2 March 2001. Application GR02/0192 Was an application by Mr. J. & Mr. A. Vine to use an agricultural building within the holding for a utility room for the residents in the caravans, the erection of a new hay barn and re-siting of a tack room was submitted in February 2002 but this was withdrawn in January 2003 when the applicant failed to proceed. Application GR03/1001 Was the first application for the renewal of the temporary 3 year permission granted on appeal in October 2000 under ref: GR/00/0092 and was submitted in September 2003. This was granted for an additional year on 12 January 2004 on the grounds that the original permission was given on the basis of Mr. A. J. Vine’s daughters’ education which was continuing for another year. Application GR04/1097 Was submitted in December 2004 as an application for a further extension of the temporary permission. It was supported by information that Mr. A. J. Vine’s daughter Charlotte’s education was still continuing but also on the basis of the educational needs his grand daughters Mary-Ann and Emmylou Petherick who were now also living on the site with their mother. Additional information was submitted on the medical needs of Mr. A. Vine who had recently suffered a stroke and needed to avoid stressful situations. Investigation subsequently revealed that Mrs Rebecca Petherick (Mr. J. A. Vine’s elder daughter) had moved on the site in March 2004 following the breakdown of her marriage. However because of the wording of the original temporary permission by Inspector Papworth it was felt that there was no breach of conditions even though another family unit had been introduced. The permission was however extended for a further 18 month period on 3 February 2005 subject to an informative that the Petherick girls were not considered to be justification for any further extensions as they did not meet the requirements of Conditions 3 & 4 attached to the original temporary permission GR/00/0092 which was granted on appeal. This permission was due to cease on 4 August 2006. Application GR06/0236 Another renewal application was received in March 2006 on the basis of Mr.
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