Ashford Borough Council - Report of Development Control Managers Planning Committee 21 March 2012 ___________________________________________________________________ Application Number 11/00955/AS Location Land south east of Malden Lodge, Stone Cross Road, Bilsington, Kent Grid Reference 2582/6414 Parish Council Bilsington Ward Saxon Shore Application Change of Use of Land to provide 2 plots for gypsy/ Description travellers including the stationing of 2 mobile homes and 2 touring caravans together with the erection of 2 utility buildings, hard standing and cess pit Applicant Mr James & Mr Wilson Agent WS Planning and Architecture, Reigate Place, 43 London Road, Reigate, Surrey RH2 9PW Site Area 0.17 hectares (a) 11/12(r); 6(s) (b) Bilsington: R (c) ABC Drainage: X; KHS: X; Aldington: R PROW: X; EA: X; ABC Mersham: R EHM: X Introduction 1. This application was reported to the Planning Committee of 16th November 2011 at the request of one of the Ward Members, Councillor Wood, but was deferred prior to discussion awaiting further guidance from central government with regard to determination of gypsy and traveller applications. This guidance has not been forthcoming and as such, Councillor Wood has agreed that the application should now be reported back to the Planning Committee for determination. Site and Surroundings 2. The application site comprises part of an agricultural field located in the countryside outside of the village of Bilsington. The site on which the mobile homes sit is 0.17 hectares in size; however, the applicants also own the field to the rear of the site which is separated from the site by a low post and rail fence. The site has an access to the northern side which has been altered by the applicants to improve visibility in both directions along Stone Cross Road. 1.1 Ashford Borough Council - Report of Development Control Managers Planning Committee 21 March 2012 ___________________________________________________________________ A Public Right of Way runs from the access along the boundary of the site in a south easterly direction. 3. Adjacent to the boundary with the highway there is a 2 – 2.5 metre high hedge and some mature trees. This provides some screening from the road and is typical of boundary treatments for the area. The boundary to the north east is densely planted with trees and bushes which screen the site from the public right of way, and the boundary with Malden Lodge is also demarcated by dense, mature hedgerow. Several post and rail fences bisect the field to the rear of the site; however, the site is clearly visible from the open countryside to the south of the site. 4. A site plan is attached to this report as Annex 1. Proposal 5. Full planning permission is sought for the change of use of the land for the stationing of two residential mobile homes for gypsy families, 2 touring caravans and the installation of two utility buildings, hard standing and cesspit. 6. The development proposes to use the existing field access which has undergone improvement to increase the visibility splays. The Public Right of Way access would be retained to the north east of the site and the remainder of the field which is also in the applicant’s ownership would be used as grazing land. 7. Plans of the proposed site layout are detailed below: Figure 1: Proposed Layout 1.2 Ashford Borough Council - Report of Development Control Managers Planning Committee 21 March 2012 ___________________________________________________________________ 8. At the time of the previous planning committee the two residential mobile homes were present on the site. The committee deferred the application and requested that no further development took place on the site. Since this time, the applicants contacted the planning officer and Cllr Wood and asked to erect the utility buildings which are also included in the proposal. It was advised that this would be at the applicant’s own risk, and these buildings have now been erected on the site. Planning History 9. Planning permission was sought retrospectively and subsequently refused for the change of use of the land for the keeping of horses and construction of hardstanding to provide access to top field under application number 10/00917/AS. The reasons for refusal were the following: 1. The proposed hardstanding by virtue of its length, width and location would give rise to an unnecessary development in this rural area and has resulted in a visually prominent and incongruous feature within the rural landscape which bisects the agricultural field and has caused harm to the visual appearance of the rural landscape designated as an SLA. 2. The land the subject of the application is prone to localised flooding, and due to the limited grazing, the proposal is likely to lead to overgrazing resulting in harm to the appearance of the landscape and the pressure for further physical development of the land in connection with the supervision of horses which would be harmful to the appearance of the rural landscape. 10. Following this refusal an enforcement notice was served on the owners to ensure the removal of the hardstanding area which extended from the access up to the field at the rear. Consultations Ward Members: One of the Ward Members, Cllr Wood, requests that the application is reported to the Planning Committee. No comments have been received from the other Ward Member, Cllr Howard. Parish Council: Bilsington Parish Council: Object to the application and advise the site area stated on the application form is incorrect with regard to the site area outlined on the application form and question 1.3 Ashford Borough Council - Report of Development Control Managers Planning Committee 21 March 2012 ___________________________________________________________________ whether as part of an established Bilsington family if the gypsy/traveller status given this application is correct. Mersham and Sevington Parish Council: “As a neighbouring parish, Mersham and Sevington Parish Council strongly supports the objections of Bilsington Parish Council to this application. In addition to the fact that it is contrary to the policies they list, Councillors are completely opposed to this type of application for ad hoc development in the countryside. This would not normally be allowed and, if granted, will set a precedent which would result in numerous applications of a similar nature being submitted. This will further threaten the protection of the local countryside in this area, which is already under great pressure from large developments on Greenfield sites. This is an important reason why the countryside around Ashford and its new development sites should be given greater protection than ever”. Aldington and Bonnington Parish Council: “As a neighbouring parish, Aldington and Bonnington Parish Council objects to this application. If it were to be granted, it would set a precedence for other piecemeal development outside village envelopes” Ruckinge Parish Council: “This site already has a history of enforcement and refusal. Even so weekends are deliberately selected in a premeditated effort to complete tasks without hindrance with the sole objective of circumnavigating planning regulations. If these illegal actions are permitted or indeed ratified retrospectively then the same can happen to any field anywhere. Clearly this cannot be permitted and we are objecting on this basis.” KCC Public Rights of Way: Raise no objections but suggest informative. Environment Agency: “We have assessed this application and have determined that it poses a low environmental risk, taking into account the details in the application and its proposed location. We therefore have no comments to make on this application.” Kent Highway Services: Raise no objections subject to conditions and comment “The sight line requirements are in accordance with the proposed block plan. I have been out to look at this and they have removed a large amount of hedgerow by the site access anyway to gain the visibility splays. I don't think that there is any need to remove any further hedgerow/trees.” Ashford Borough Council Drainage: “The applicant has indicated in their application that they propose to dispose of surface water from the proposed 1.4 Ashford Borough Council - Report of Development Control Managers Planning Committee 21 March 2012 ___________________________________________________________________ development to soakaway. I would recommend that a permeability test is carried out on the site to establish this as a suitable means of disposal and the results are submitted to ABC for approval. (Note from case officer: further information from the applicant advises they have used French drains to drain the site and not soakaways) The ABC SUDS SPD document recommends the incorporation of Sustainable Drainage Systems into all new developments. Although opportunities are limited for this application, the use of rainwater recycling from the roof run-off could be incorporated in particular for the flushing of toilets in the utility buildings.” Neighbours: 11 consulted; 11 letters of objection and 5 letters of support received Letters of objection: i) If this application is successful, it would be seen to set a precedent for this type of application in the local area and the objector will be following the decision with their own similar application as the rules laid down by law cannot be seen to favour any individual or individuals. ii) The caravans were moved onto the site “under the cover of darkness”. iii) “I find it bizarre that building