Parish: Ward: Earnley East Wittering 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 Chichester West Sussex 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.