178 PART 2 SOUTH DOWNS NATIONAL PARK AUTHORITY PLANNING COMMITTEE REPORT OF THE SERVICE MANAGER PLANNING DEVELOPMENT Applications to be determined by the council on behalf of the South Downs National Park Authority PS.367 /2012 3 May 2012 SECTION 1 – SCHEDULE OF APPLICATION RECOMMENDATIONS Item No.: 1 The information, recommendations, and advice contained in this report are correct as at the date of preparation, which is more than one week in advance of the Committee meeting. Because of the time constraints some reports may have been prepared in advance of the final date given for consultee responses or neighbour comments. Any changes or necessary updates to the report will be made orally at the Committee meeting. PROPOSAL CHANGE OF USE OF LAND AND BUILDING FOR TRAVELLING SHOW PERSONS USE FOR ONE FAMILY INCLUDING THE RE-SITING OF CARAVANS (AS AMPLIFIED BY INFORMATION RECEIVED 8/7/11,18/7/11, 25/7/11 & 6/12/11) LOCATION: Warren Barn, Church Lane, Priors Dean, Petersfield, GU32 1BW REFERENCE : SDNP/51451/004 PARISH: Colemore APPLICANT: Mr & Mrs R Beach CONSULTATION 28 December 2011 EXPIRY : APPLICATION EXPIRY : 15 August 2011 COUNCILLOR(S): Cllr N Drew SUMMARY RECOMMENDATION: TEMPORARY PERMISSION This application is included on the agenda at the discretion of the Service Manager Planning Development. 179 Site and Development The site lies on the east side of Church Lane in an isolated rural location. The application site is adjacent habitats which form part of the Wealden Edge Hangers Site of Special Scientific Interest (SSSI). This SSSI is part of the East Hampshire Hangers Special Area of Conservation (SAC). Part of the existing access to the site falls within the East Hampshire Hangers Special Area of Conservation (SAC), which is an internationally designated site, and the entire site is within the South Downs National Park (SDNP). The proposal, which is part-retrospective, is for the change of use of the land and buildings for one travelling showperson's family, which incorporates the following: resiting and use of one mobile home for residential purposes, two touring caravans, a shed and boxes; and siting of shower block and continued use of a barn for the storage of fairground equipment. Whilst part of the site and adjacent land is occupied by the applicants and their family, it is proposed to relocate the mobile home, touring caravans, domestic and other paraphernalia associated with their life-style, from the SAC and to reinstate this area, with the exception of part of the access. The site drops from the road, then levels out immediately within the site where the building is located, which is used for the storage of fairground equipment. The site then falls away to the north-west, where it is proposed to relocate the mobile home, touring caravans, shed and a box. To facilitate this relocation, it will be necessary to level this part of the site and provide hard surfacing. The applicants' description of their proposal has been challenged. However, a travelling showmen's site is a use in its own class, which often combines residential, storage and maintenance uses for associated vehicles and fairground equipment. Therefore, it is considered the applicants' description is appropriate and fairly reflects the proposal. Two previous proposals were refused on 13/4/10 and 8/3/11. This application is materially different from these proposals, in that the development is outside the SAC boundary, with the exception of part of an access to the site. Prior to the occupation of the site, there was a building on the land, with accesses. It is understood historically, that the land and building were used for forestry/agriculture. Relevant Planning History 51451/002 - Change of use of the land and building for travelling showpersons use for one family - Refused 13/4/10. 51451/003 - Change of use of the land and building for travelling showpersons use for one family - Refused 8/3/11 180 Development Plan Policies and Proposals East Hampshire District Local Plan: Second Review C4 - Nature Conservation C5 - Local Landscape Features GS1 - Sustainable Development GS3 - Protecting the Countryside GS4 - Making the Most of Existing Infrastructure, Services and Facilities HE1 - Design H14 - Other Housing Outside Settlement Policy Boundaries T2 - Public Transport Provision and Improvement R3 - Public Open Space Requirements Planning Policy Constraints and Guidance South Downs National Park The application site falls within the National Park boundary. The two statutory purposes of the National Parks' designation are: To conserve and enhance the natural beauty, wildlife and cultural heritage of their areas; and To promote opportunities for the public understanding and enjoyment of the special qualities of their areas. If there is a conflict between the two, conservation takes precedence. The provisions of government policy relating to National Parks (currently National Planning Policy Framework, English National Parks and the Broads circular dated March 2010) apply. Communities and Local Government, Planning policy for traveller sites, March 2012. The above national policy provides guidance on the planning aspects of sites for traveller sites. For the purposes of this planning policy, “travellers” means “gypsies and travellers” and “travelling showpeople”. The main intentions of the policy are: "that local planning authorities should make their own assessment of need for the purposes of planning to ensure that local planning authorities, working collaboratively, develop fair and effective strategies to meet need through the identification of land for sites to encourage local planning authorities to plan for sites over a reasonable timescale that plan-making and decision-taking should protect Green Belt from inappropriate development 181 to promote more private traveller site provision while recognising that there will always be those travellers who cannot provide their own sites that plan-making and decision-taking should aim to reduce the number of unauthorised developments and encampments and make enforcement more effective for local planning authorities to ensure that their Local Plan includes fair, realistic and inclusive policies 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 plan-making and planning decisions to enable provision of suitable accommodation from which travellers can access education, health, welfare and employment infrastructure for local planning authorities to have due regard to the protection of local amenity and local environment." National Planning Policy Framework, March 2012. (NPPF) Circular 06/2005: Biodiversity and Geological Conservation - Statutory Obligations and Their Impact Within the Planning System. Circular 06/05: Biodiversity and Geological Conservation - Statutory Obligations and Their Impact Within the Planning System The Conservation of Habitats and Species Regulations 2010. Consultations and Town/Parish Council comments CPRE Hampshire - Objection The previous application was refused for clear policy reasons, which the CPRE Hampshire fully support. Nothing in new application which addresses the previous reasons for refusal Highways Authority - No Objection There is a limited bus service available a short distance from the site. There has been a building on the site for some time and the site benefits from two existing accesses from the Public Highway. These accesses have good visibility however the gradient of the drives is steep. This said the site falls away from the Public Highway and it would be difficult to reduce the gradient without loss of the screening that is available at present. The road leading to and from the site is single track with few passing places and shows some overrunning of the verges. HY10 - GATES SET BACK PROVISION Any gates provided shall be set back a distance of 6m from the edge of the carriageway of the adjoining highway. Reason - In the interests of highway safety. 182 County Ecologist - No Objection The applicants have re-organised the site layout in an endeavour to avoid the SAC site. This would address the Reason for Refusal No 3 of the previous application, as the new application proposes that all structures are moved out of the designated site, and the land where the dwelling currently sits be restored to former level with some removal of planting and trees. I note that they plan to leave the site to regenerate "in accordance with a scheme to be agreed with the Local Planning Authority" (Drawing 10025-2); this could be the subject of a planning condition, should you be minded to grant permission. I am of course aware that there were other reasons for refusal that you need to consider. However, it is my opinion that the new application would not cause a significant impact upon the SAC, provided there was appropriate boundary planting/management and the use of the rest of the applicant's land-holding was such as to cause no potential for impacts such as run- off. Natural England 1st Comment - Objection The application site is adjacent to habitats which form part of the Wealden Edge Hangers Site of Special Scientific Interest (SSSI). This SSSI is part of the East Hampshire Hangers Special Area of Conservation (SAC). This letter comprises our statutory consultation response under provisions of Article 10 of the Town and Country Planning (General Development Procedure) Order 1995,