Permanent traveller site at 12 Kiln Lane, Garsington

What was proposed

The application sought permanent traveller use of the site for qualifying gypsies and travellers, together with a revised layout and drainage arrangement.

“The current application now seeks a variation to Condition 1 to allow for the permanent use of the site by persons meeting the definition of “gypsies and travellers” as defined by government guidance contained in the Gypsy and Traveller Planning Policy. It also seeks to change to the layout of the site by a variation to Condition 2 of the above permission to include of an amended site plan.”

“Currently present on the site is a twin unit static mobile home, with block walls and piers around the perimeter and beneath the structure. Also on the site is a day room/shed and other operations comprising a paved driveway and hardstanding area suitable for the parking of cars and a touring caravan. The site is generously landscaped with a grassed play area for children to the front of the site and hedge planting along the driveway.”

Officer report

The site and surroundings

The site is a landscaped wedge beside a private road and bridleway, in the Green Belt and near other temporary traveller sites.

“The application site is an irregular shaped wedge of land on the eastern side of Kiln Lane, which is a private road and bridleway, that runs south of the main settlement of Garsington. The site, which is situated in the Oxford Green Belt, has a long history of use for the stationing of mobile homes for residential use commencing in 1959 (see the Relevant Planning History below). Since at least 2014 it has been used specifically as a traveller site.”

Officer report

Planning history

Caravans have been stationed on the land since 1959, with a temporary traveller permission granted after an enforcement notice was quashed in 2022.

“On 3 June 2016 the council commenced an enforcement investigation ((SE16/262) into a breach of condition 1 of planning permission P15/S1878/FUL in connection with the occupation of the site by persons other than the owner. A breach of condition enforcement notice was issued on 27 August 2019 requiring the use of the land to cease and the land restored to its former condition in accordance with condition 1 of the above planning permission.”

“In an appeal decision dated 3 November 2022 the Planning Inspectorate quashed the breach of condition enforcement notice issued on 27 August 2019; and granted deemed planning permission (P19/S3083/DA) for a single pitch gypsy traveller site. The above permission was granted subject conditions which can be summarised as follows:”

Officer report

Why officers supported it

Officers considered the proposal acceptable because unmet traveller need, grey belt status and updated national guidance outweighed limited or absent planning harm.

“PLANNING BALANCE AND CONCLUSION 8.1 Subsequent to the grant of planning permission P19/S3083/DA for the temporary use of the land as a gypsy and traveller site, by the Planning Inspectorate on 3 November 2022, changes have been made to government guidance contained in the NPPF that now alter the planning balance in favour of the grant of a permanent permission, specifically;”

“In the circumstances of the present case, the council is unable to demonstrate a 5-year supply of deliverable gypsy and traveller sites under the local plan to which substantial weight must be given in the assessment of this application. The proposal does not give rise to any planning harm that would substantially outweigh the benefits of addressing this unmet need.”

Officer report

What consultees said

The parish council objected, while planning policy confirmed an insufficient traveller-site supply and other consultees raised no strong views or no objection subject to conditions.

“Garsington Parish Council – Objects to the application for the following reasons: • temporary planning permission was granted by the Planning Inspectorate on appeal in consideration of the personal circumstances of the…”

“Planning Policy (South & Vale) – Advises that: • The council is currently unable to identify a supply of deliverable gypsy and traveller sites sufficient to provide 5-years worth of sites measured against the need identified within the adopted Local Plan, as established by the within the 2017 Gypsy Traveller Accommodation Assessment (GTAA).”

Officer report

What residents said

Nine neighbours objected over planning compliance, Green Belt effects, the bridleway, village life, wildlife, vegetation, lighting, the submitted plan and other matters.

“Neighbour Objections (9) – Object for the following reasons: • history of noncompliance with planning; • contrary to Green Belt policy; • impact on the bridleway; • harmful to village life; • contrary to wildlife; • loss of vegetation • contrary to appeal decision granting temporary permission solely on the personal circumstances of the family; • the family no longer resides on the site; • impact of front fence and lighting on rural character; • the submitted plan does…”

Officer report

Who spoke

A councillor spoke for the parish council, and an objector spoke against the application.

Members’ discussion

Members discussed drainage information, surface water, possible noise controls and acknowledged the unmet need for traveller sites.

“Members debated the application and noted that there was no mention of surface water in the conditions. Committee were advised that this was based on advice from the Council’s drainage engineer.”

“Members acknowledged that there was an unmet need for traveller sites and that there were no material planning reasons to refuse the application.”

Minutes

The vote

Members carried a motion to approve the application with the agreed amendment to the first condition.

“A motion, proposed by Councillor Dragonetti, and seconded by Councillor Topping, to approve the application with the amendment to Condition 1, was carried on being put to the vote.”

Minutes

The decision

The committee approved the application subject to the report’s conditions and changed the first condition to reflect the current national policy glossary.

“The planning officer presented the report as set out in the agenda and advised committee of a change to the wording in condition one from ‘as defined in Annex 1: Glossary of Planning Policy for Traveller Sites’’ to ‘as defined in Annex B: Glossary of the National Planning Policy Framework’ to reflect changes made in the National Planning Policy Framework (NPPF).”

“RESOLVED: to approve planning application P25/S3847/S73 subject to the conditions set out in the report and the amendment to the wording of condition one as agreed in the meeting.”

Minutes

Conditions applied

The permission included controls on occupation, plans, drainage, caravans, vehicles, commercial activity, structures and external lighting.

“RECOMMENDATION Planning Permission is Granted 1 - Occupation by Gypsy and Traveller Use Only 2 - Approved plans 3 - Foul drainage works (details required) 4 - Caravans (number) 5 - Caravan Site (restricted use) 6 - Limit on vehicle size 7 - Limit on commercial vehicles 8 - No Trade / Business Use 9 - Withdrawal of Permitted Development Rights 10 - External Lighting - In accordance with approved details…”

“Within 3 months of the grant of this planning permission, a foul water drainage scheme shall be submitted for the written approval of the local planning authority. The scheme shall include percolation testing in accordance with BS6297 and hydraulic calculations to size the drainage field and show the size, position and construction of the drainage scheme.”

Officer report