DEVELOPMENT MANAGEMENT PANEL 19 MARCH 2012

Case No: 1200062S73 (REMOVAL AND VARIATION OF CONDITION)

Proposal: REMOVAL OF CONDITION 1 OF PLANNING PERMISSION 0802744FUL TO MAKE PERMISSION PERMANENT. VARIATION OF CONDITION 3 OF PLANNING PERMISSION 0802744FUL TO ALLOW A CARAVAN AND MOBILE HOME ON SITE FOR RETENTION OF USE OF LAND AS A CARAVAN SITE FOR GYPSY AND TRAVELLER RESIDENTIAL PURPOSES

Location: PUMPING STATION, PAXTON ROAD, OFFORD DARCY

Applicant: MR B LAMB

Grid Ref: 521802 265932

Date of Registration: 30.01.2012

Parish: OFFORD CLUNY AND OFFORD DARCY

RECOMMENDATION - APPROVE

1. DESCRIPTION OF SITE AND APPLICATION

1.1 The site has a road frontage of 13m and a depth of 68m. It is a former Anglian Water Pumping Station. The vehicular access to Paxton Road has been improved and a laurel hedge has been planted on the site boundaries.

1.2 The site is located on the western edge of the village, outside but adjoining the built up area. Paxton Road is a B class road.

1.3 The application is to remove condition 1 of planning permission 0802744FUL which limits the duration of the development to 3 years which expired on 27 February 2012. It is also to vary condition 3, which restricts the development to 1 pitch with 1 caravan, to allow a caravan and a mobile home on a single pitch. This would regularise the current situation on the site.

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 England.

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

2.6 Draft National Planning Policy Framework: Consultation (2011) - sets out the Government’s key economic, social and environmental objectives and the planning policies to deliver them. The intention is that these policies will provide local communities with the tools they need to energise their local economies, meet housing needs, plan for a low-carbon future and protect the environmental and cultural landscapes that they value. It seeks to free communities from unnecessarily prescriptive central government policies, empowering local councils to deliver innovative solutions that work for their local area.

2.7 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

3.1 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

3.2 East of England 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 and Single Issue Review on Gypsy and Traveller Accommodation

 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.

3.3 Cambridgeshire 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.

 None relevant

3.4 Policies from the Adopted Huntingdonshire Local Development Framework Core Strategy 2009 are relevant and viewable at http://www.huntingdonshire.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.

3.5 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.

 CS9: “Flood water management” – the District Council will normally refuse development proposals that prejudice schemes for flood water management.

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

 None relevant

3.7 Policies from the Development Management DPD: Proposed Submission 2010 are relevant and viewable at http://www.huntingdonshire.gov.uk click on Environment and Planning then click on Planning and then click on Planning Policy where there is a link to the document.

 C5: “Flood Risk and Water Management” – development proposals should include suitable flood protection / mitigation to not increase risk of flooding elsewhere. Sustainable drainage systems should be used where technically feasible. There should be no adverse impact on or risk to quantity or quality of water resources.

 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.

3.8 Supplementary Planning Guidance / Documents:

 Huntingdonshire Townscape and Landscape Assessment – site is located within the Ouse Valley Landscape Character Area.

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

 Huntingdonshire Developer Contributions SPD 2011 – sets out the developer contributions to be negotiated from developments.

4. PLANNING HISTORY

4.1 0000603OUT Erection of dwelling. Refused May 2000.

4.2 0600258FUL Extension to building and change of use to builder’s store. Refused October 2006.

4.3 0802744FUL Retention of use of land as a caravan site for gypsy and traveller residential purposes. Granted temporary permission in February 2009 for 3 years.

5. CONSULTATIONS

5.1 Offord Cluny and Offord Darcy Parish Council – Recommend refusal (copy attached)

5.2 Cambridgeshire County Council (Highways) – Comments awaited

5.3 Environment Agency – Comments awaited.

6. REPRESENTATIONS

6.1 None received.

7. SUMMARY OF ISSUES

7.1 The main issues in assessing this application are: the principle of development, sustainability, impact on the character of the area, flood risk and highway safety.

Principle of development:

7.2 The elements of the development plan which are relevant to the consideration of this application are the East of England Plan 2008, the Huntingdonshire Core Strategy 2009 and the saved policies of the Local Plan 1995 and the Local Plan Alteration 2002. The Government has announced its intention to revoke all Regional Spatial Strategies (RSS) including the East of England Plan and the Localism Act 2011 is the applicable enabling legislation. The intention to revoke the RSS is a material consideration in determining applications. However, until it is revoked, Policy H3 of the East of England Plan which sets out the number of pitches to be provided in each district remains relevant. In Huntingdonshire that policy requires the provision of a minimum of 25 permanent new pitches in the period 2006-2011, in addition to the 20 authorised pitches which existed in 2006. Beyond 2011 it suggests that provision should be made for an annual 3% compound increase on the total planned provision of 45 pitches.

7.3 When the RSS has been formally abolished it will be for each local authority to determine the number of pitches it considers appropriate for its area. In July 2010 the Government’s Chief Planner advised local planning authorities that the abolition of RSS would mean that local authorities would be responsible for determining the right level of local site provision, reflecting local need and historic demand, and for bringing forward land in Development Plan Documents. It further advised that Gypsy and Traveller Accommodation Assessments would form a good starting point for local authorities to identify their own levels of provision but local authorities are not ultimately bound by them. The County Council’s Research Unit has carried out a review of the Cambridge Sub-Region Traveller Needs Assessment 2006 but this work has not been formally considered or endorsed by this Council. It is therefore considered that in terms of the number of pitches to be provided, the application should still be determined in the light of policy H3 whilst this remains part of the development plan. The present position is that since 2006 planning permissions have been granted for 23 temporary pitches (including this one) and 12 permanent pitches. Furthermore, the Council has accepted at recent appeals that temporary pitches do not count towards the RSS requirement which is for 25 permanent pitches by the end of 2011.

7.4 Policy CS6 of the Huntingdonshire Core Strategy and Circular 01/2006 - Planning for Gypsy and Traveller Caravan Sites currently provide the criteria for assessing planning applications. The Government has stated its intention to replace the circular and a consultation has been carried out with a view to including new guidance in the National Planning Policy Framework which is expected to be issued early in 2012. In view of the significant changes in prospect, in the summer of 2010 this Council, having embarked on consultations on Part C of the Strategic Housing Land Availability Assessment (SHLAA) dealing with Gypsy and Traveller Sites, decided to put its preparation of a site allocations development plan document on hold pending the eventual clarification of national policy.

7.5 The planning authority does however still have a duty to determine planning applications that may be submitted to it in accordance with the development plan unless material considerations indicate otherwise. The consultation on revised national gypsy and traveller policy and the Draft National Planning Policy Framework are therefore material considerations but they should be afforded little weight because as yet there is still no certainty on the overall direction of Government policy. The Inspector who dealt with the recent planning appeal for a gypsy and traveller site at Bluntisham stated in his decision that in respect of the need for pitches, 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”. The recent appeal decisions at Bluntisham and Somersham can 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 therefore the criteria set down in Circular 01/2006 and in Core Strategy policy CS6.

7.6 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): o transport mode and distances from services; o the promotion of peaceful and integrated co-existence between the site and the local community; o the wider benefits of easier access to GP and other health services; o children attending school on a regular basis; o the provision of a settled base that reduces the need for long-distance travelling and possible environmental damage caused by unauthorised encampment; and, o not locating sites in areas at high risk of flooding, including functional floodplains, given the particular vulnerability of caravans.

7.7 Core Strategy Policy CS6 (This policy was written in the context of Government policy in Circular 01/2006) - consideration will be given to the preference of many Gypsies and Travellers 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. - 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.

7.8 When the development was approved in 2009 the review of East of England Plan policy H3 had not been completed and so the final number of pitches required in Huntingdonshire had not been confirmed, nor had a Gypsy and Traveller Site Allocation DPD been adopted. It was then regarded as premature to grant permanent permission but the site was considered appropriate for a temporary permission as a transitional measure to meet the local need for pitches.

7.9 Today there is further uncertainty about national and local planning policy for gypsy and traveller sites but the Bluntisham appeal decision as reported above has clarified how the authority should deal with applications and a number of permanent permission have recently been granted elsewhere in the District.

7.10 The application is also to vary condition 3 to allow the pitch to contain a caravan and a mobile home. This would be in line with most of the gypsy and traveller site planning permissions which this authority or Planning Inspectors have granted in the District. For single pitch sites such as this it is now normal practice to impose a condition which states “There shall be no more than 1 pitch on the site hereby approved and no more than 2 caravans, shall be stationed at any time, of which only 1 caravan shall be a static caravan.” A static caravan can be a mobile home which is a caravan as defined in the Caravan Sites and Control of Development Act 1960. The mobile home provides the main accommodation for the family and a touring caravan provides more flexible accommodation or facilitates travelling. Since planning permission was granted in 2009 the Enforcement Team has received no complaints about over- occupation of the site.

Sustainability

7.11 Sustainable development is at the heart of planning policy. Paragraph 54 of Circular 01/2006 indicates that rural settings are acceptable in principle for gypsy and traveller sites. In assessing the suitability of such sites, local planning authorities should be realistic about the availability, or likely availability, of alternatives to the car in accessing local services. To this end, the Circular advises that sites on the outskirts of built-up areas may be appropriate and local planning authorities should first consider locations in or near existing settlements with access to local services, e.g. shops, doctors and schools. Circular 01/06 makes it clear that access to GPs and schools, as well as the promotion of peaceful and co-existence between the site and the local community and the provision of a settled base, are also an important part of sustainability considerations.

7.12 In this case the site, although in the countryside, is located on the edge of the village adjacent to the built-up area. The Offords have local facilities including a school, and shop. It is therefore considered that the site is relatively sustainable and meets the advice in Circular 01/2006 and policy CS6.

7.13 The Parish Council has made reference to discrimination in its comments. Government planning policy in Circular 01/06 does deal differently with proposals for residential development in the countryside from gypsies/travellers and the settled community. This difference is one of the means by which the Government’s overarching key housing policy goal in paragraph 9 of PPS3 ‘Housing’ is met. This goal is ‘to ensure that everyone has the opportunity of living in a decent home, which they can afford, in a community where they want to live.’ In this regard, Circular 01/2006, which includes the acceptance that gypsy and traveller sites are acceptable in principle in rural settings, was in part a response to the ineffectiveness of the previous advice that failed to deliver adequate sites for gypsies and travellers.

The impact on the character and appearance of the area

7.14 The site is immediately adjacent to the built-up area and so the mobile home, touring caravan, the small brick former pumping station building, a timber addition to it and a small storage shed at the rear of the pitch are seen in the context of other development. The site has laurel bushes planted around the boundaries and it is in a clean and tidy condition. The impact of the development on the character and appearance of the area is acceptable.

Flood Risk

7.15 The site is located in Flood Zone 2 and the Environment Agency considers the type of development proposed to be ‘more vulnerable’ and therefore it requires a flood risk assessment. The assessment submitted with the 2009 application led the Environment Agency to confirm that a mobile home would be acceptable provided the floor level is no lower than 15.63 metres ODN, the actual floor level of the mobile home on site. This can be an ongoing requirement, as is the need to anchor the mobile home to its concrete base. With these conditions the development is considered to be acceptable in terms of flood risk.

Highway Safety

7.16 The access to the site will remain as existing. It has been improved as required by condition 8 of the 2009 permission. The access is considered to be adequate for the development and acceptable in terms of highway safety.

Other matters

7.17 The Parish Council has also referred to alleged breaches of conditions including those relating to hedge planting and the size of commercial vehicles on the site. No enforcement complaints have been received. They have also raised the matter of the lean-to extension to the former pumping station building. These matters will be investigated and if possible a further update will be provided in the Friday Letter. Enforcement issues of this nature would not normally affect the principle of whether planning permission should be granted.

7.18 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.

7.19 Planning permissions granted under section 73 are, in law, new planning permissions rather than a variation of the original permission so all relevant conditions need to be imposed.

Conclusion

7.19 The site complies with the requirements of Circular 01/2006 and policy CS6 of the Huntingdonshire Core Strategy 2009 for the grant of planning permission and there is a need for permanent pitches to accommodate gypsies and travellers in the District.

7.10 At the time of writing this report, the 21 day period for neighbours and other local residents notified of the application had expired. The owner of the adjacent field was not initially identified and notification via a site notice was carried out on the 5th March. The recommendation is therefore that powers be delegated to the Head of Planning Services to approve the application subject to no new material considerations being raised as a result of this additional notification.

8. Recommendation – that powers be delegated to the Head of Planning Services to APPROVE the application subject to no new material considerations being raised as a result of the additional notification, subject to conditions to include the following:

Nonstand Occupation limited to gypsies and travellers Nonstand Maximum number of pitches (1) /caravans (2) Nonstand Floor levels Nonstand Mobile home to be anchored Nonstand Replacement of failed 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: 1200062S73 Location: Offord Cluny and Offord Darcy

Reproduced from the Ordnance Survey Mapping with the permission of the Controller of Her Majesty's Stationery Office (C) Crown Copyright Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. HDC 100022322

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