COMMITTEE REPORT Application Ref. 15/00229/VARY Applicant Mr R. Smith Reason for Referral Objection from Ward Member to Committee Objection from Parish Council Case Officer Eleanor Bass Presenting Officer Eleanor Bass Ward Member Councillor S Adams Parish Council Temple Grafton Site Address Field View, Croft Lane, Temple Grafton Variation of condition 1 (personal occupancy) and variation of condition 2 (temporary permission) of planning permission 10/01181/FUL (Change of use of land to a five plot residential Description of gypsy caravan site, limited to five mobile homes, five day rooms, Development five touring caravans, ancillary parking and hardstanding areas, new tarmac entrance and additional landscaping) to allow for use of the site for occupation solely by named residents and their dependants on a permanent basis. Description of Site . Open countryside location Constraints . In close proximity to footpaths Summary of . GRANT for temporary period Recommendation Description of site and surroundings The application site is located within the open countryside in an elevated position with predominately open agricultural land surrounding the site. The site level falls towards the south-east with the eastern boundary of the site being significantly lower than the boundary with Croft Lane. There are several public footpaths surrounding the site. To the south of the site lies the village of Temple Grafton which is approximately 400m away. On my site visit carried out on 5th February 2015 there were 6 touring caravans on the site and 3 of the 5 brick built day rooms constructed. Development Plan Paragraph 215 of the National Planning Policy Framework (NPPF) advises that “due weight should be given to relevant policies in existing plans according to their degree of consistency with this framework”. Relevant Policies in the Development Plan for this application are PR.1, DEV.1, DEV.4 – consistent with Framework EF.6/EF.7, EF.10, DEV.2, DEV.6, DEV.7, CTY.1, CTY.7, PR.8 – some consistency but Framework is less restrictive STR.1, DEV.5 – inconsistent with Framework/out-of-date Other Material Considerations Central government guidance NPPF 2012 & PPG 2014 Circular 06/05: Biodiversity and Geological Conservation Planning Policy for Traveller Sites (2012) (PPTS) Designing Gypsy and Traveller sites – A Good Practice Guide (2008) Supplementary Planning Documents & Guidance Meeting Housing Needs 2008 Car and Cycle Parking Standards Stratford on Avon District Design Guide Other Documents Draft Core Strategy policies: CS.1, CS.5, CS.9, CS.12, CS.15, CS.20, AS.10 Paragraph 216 of the NPPF allows for weight to be given to relevant policies in emerging plans, unless other material considerations indicate otherwise, and only subject to the stage of preparation of the plan, the extent of unresolved objections and the degree of consistency of the relevant emerging policies to the NPPF policies. To date, it is officers’ opinion that draft Core Strategy carries limited weight for decision making purposes. The examination in public (EIP) of the Core Strategy was in January 2015. The EIP Inspector’s interim report was published on 19 March 2015. The executive summary identifies four areas of further work to be carried out by the Council: . To revisit the objective assessment of housing need (OAN) and to increase the housing requirement to provide an improved balance with the projected growth in jobs . To do further sustainability appraisal (SA) work . To consider an employment land allocation at Atherstone Airfield to support the delivery of housing via proposal SUA.1 (Canal Quarter), proposal SUA3 having been found to be not justified . To increase the OAN to provide more headroom in the housing supply trajectory. The Cabinet on 1 June 2015 supported a number of Core Strategy policies to be adopted on an interim basis for the purposes of development management. The matter has been referred up to Council on 22 June. Other evidence based documents: . Stratford on Avon District Gypsy and Traveller Accommodation Assessment (GTAA) - Main Report of Study Findings (October 2011) and associated update (2014) . Gypsy and Traveller Guidance Note (June 2012) . Written Ministerial Statement by Local Government Minister Brandon Lewis, delivered on 1 July 2013. Warwickshire Landscape Guidelines 1993 Other Legislation Caravan Sites and Control of Development Act 1960 Housing Act 2004 Human Rights Act 1998 The Equality Act 2010 Natural Environment and Rural Communities (NERC) Act 2006 Localism Act 2011 Article 3 of the United Nations Convention on the Rights of the Child (UNCRC) Article 8 of the European Convention on Human Rights (ECHR) Summary of Relevant History Reference Number Proposal Decision and date DISC/00342/13 Discharge of condition 5 site Approved 11.09.2013 development scheme of planning permission 10/01181/FUL. DISC/00093/12 Discharge of condition 5 site Approved 19.07.2012 (Split development scheme of planning decision) permission 10/01181/FUL. 10/01181/FUL Change of use of land to a five plot Refused 18.02.2011 residential gypsy caravan site, limited (committee) to five mobile homes, five day rooms, five touring caravans, ancillary Allowed at appeal 15.03.2012 parking and hardstanding areas, new (3 year temporary consent) tarmac entrance and additional landscaping. 00/03084/FUL Change of use from agricultural to Refused 17.05.2001 agricultural and storage Appeal dismissed 14.02.2002 98/01315/FUL Croft lane - open side agricultural Granted 28.10.1998 building. Open side building clad with yorkshire timber 60' x 20'. 90/01342/FUL Croft lane - stud farm & managers Refused 09.04.1991 mobile home 90/00169/FUL Croft stud croft lane - landfill using Objections raised 24.07.1990 clean builders rubble, hardcore And excavated sub soil and finished Refused by County 6.08.1990 with 225mm of top soil to remove irregularities from site for operation of stud farm. 89/00343/FUL Land at croft lane - stud farm Refused 14.11.1989 including stabling ancillary buildings and paddocks. Appeal dismissed 01.06.1990 Applicant’s Supporting Documents List of documents: Covering Letter Site Location Plan Landscape Character and Visual Impact Assessment (two parts) Summary of personal circumstances Ward Member Councillor Adams – object to the application for the following planning reasons: Site was originally given permission as a temporary site for a travelling family because of social need and giving time for the applicant to find a more suitable permanent site. Would support a further temporary extension to give the applicant further time to find a permanent home (02.06.2015) Adjacent Ward Member Councillor Gittus - object to the application for the following planning reasons: Temporary site for a travelling family. Temporary permission was given for the site on the basis of the immediate personal, health and social need of the applicants family. Object to the present application to vary, but would support a further temporary application to enable the applicant to see a more suitable permanent home (31.05.2015) Parish Council Object to the application for the following planning reasons: Damage to the landscape due to permanent site, Inspector agreed. Do not consider that anything has changed and that the landscaping will have a negligible impact in mitigating this damage given the sloping site. LVIA commissioned by SDC concluded there would be significant landscape and visual harm. LVIA submitted by applicant lacks credibility – uses distant viewpoints to the west and largely ignores the open aspect to the east and north east. Draft Core Strategy Policy CS.12 designates area as Special Landscape Area - should be given appropriate weight. Conflicts with CTY.1, CTY.7, DEV.1 and PR.1 – nothing has changed. Other work carried out, creating a suburbanising influence. Temple Grafton – not a sustainable location – classified as ‘all other settlements’ in Draft Core Strategy based on lack of facilities. Emerging policy indicates that significant progress has been made by SDC in identifying a number of gypsy pitches in the District. It would be premature to grant permanent permission to this site. On 9th February 2015 SDC’s Cabinet considered a Gypsy and Traveller Local Plan and agreed a number of sites which could be considered for further consultation. Croft Lane was not one of these. Given the sensitive nature of the landscape – the site must be returned to original state. Do not consider it is appropriate to make this permission permanent and urge SDC to insist on the proper restoration of the site. (26.02.2015) Third Party Responses The comments made by third parties have been summarised by the case officer. 3 letters of support from local residents received: A permanent base gives the family security and enables them to have a sustainable gypsy lifestyle Have become part of the village community Children attend local schools If permission refused, will have to leave and have no secure base to go to Refusal would threaten ability to successfully relate to the local population, educate their children and access services such as health care Tidy site, almost no impact from the road looking at their site 44 letters of objection from local residents received, including letter from CPRE: Key objections to original application remain Circumstances since previous application and appeal have not changed Development too large for a rural site and inappropriate for a temporary permission Temple Grafton not a LSV – no facilities and