Permanent traveller site at 7/8 Kiln Lane, Garsington

What was proposed

The application sought permanent traveller use and a revised layout, while retaining one mobile home, two touring caravans and an amenity block.

“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 mobile amenity block and other operations comprising of a hardstanding, masonry pillars, metal gates and close board boundary fencing. The existing permission also allows for two touring caravans to be kept on the site.”

“The application also seeks an amendment to condition 2 of the existing planning permission to allow for an alternative layout of the site. The amended layout does not result in an intensification or increase in the amount of development from the approved scheme, which would still be comprised on 1 x static mobile home, 2 x touring caravans and 1 x amenity block together with decking and harstanding areas.”

Officer report

The site and surroundings

The site is beside a private road and bridleway, on the edge of Garsington, within the Oxford Green Belt and adjoining other traveller sites.

“The application site comprises a rectangular area of land on the western 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 1950 (see the Relevant Planning History below). Since at least 2008 it has been used specifically as a traveller site.”

Officer report

Earlier permissions and enforcement

The land has hosted caravans since 1950, with earlier temporary permissions, enforcement investigations and an appeal permission limiting occupation to named people for five years.

“RELEVANT PLANNING HISTORY 4.1 The application site is part of a remnant parcel of agricultural land formerly known as ‘The Orchard’ (generally corresponding to plots 7,8, 9 and 10 as they are known today). This site has a long history of use for the temporary stationing of caravans dating back to 1950, as detailed below.”

“On 3 June 2010 the council commenced an enforcement investigation (WE10/086) into “Another caravan being moved onto the land in Kiln Lane without planning permission”. An enforcement notice was issued on 12 March 2012 to require demolition and removal of chalet building together with associated timber decking, block wall and laying of hardstanding.”

Officer report

What officers recommended

Officers recommended approval because updated national guidance, unmet traveller-site need and the site’s established use outweighed the identified planning harm.

“PLANNING BALANCE AND CONCLUSION 8.1 Subsequent to the grant of planning permission P19/S4253/FUL 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;”

“The application site has been continuously used for the stationing of caravans for residential purposes since 1950 (approximately 75 years). It has been used specifically as a traveller site since 2008 (approximately 18 years). The proposed amendments to planning permission P19/S4253/FUL to allow the permanent use of the land as a gypsy and traveller site, in accordance with the submitted plans, will not therefore materially alter the established character of the area.”

Officer report

Consultation and objections

The parish council and ten neighbours objected, while policy officers identified insufficient traveller-site supply and other consultees raised no strong views or objections.

“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 owner/occupier whilst ensuring that the openness of the Green Belt is not permanently impacted; • insufficient information has been submitted in support of the current application, justifying the grant of permanent permission.”

“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 within the 2017 Gypsy Traveller Accommodation Assessment (GTAA).”

Officer report

Who spoke

A parish council representative spoke and an objector addressed the committee against the application.

Members’ discussion

Members discussed drainage, traveller-site need, previous condition breaches and whether permanent permission could encourage investment in the land.

“Members debated the application and expressed concern over the foul and surface water drainage requirements, noting that the condition set at appeal in relation to this had still not been discharged. Members were advised that there was a treatment plant on the site but the details of which had not yet been signed off by the Council’s drainage engineer.”

“Members queried the need for traveller sites within the district and were advised that under the revised 2024 assessment there was a need for between 45 and 61 pitches over the life of the emerging Joint Local Plan.”

Minutes

The vote

Members approved the application after a motion to approve, including amended wording for the first condition, was carried.

“A motion, proposed by Councillor Dragonetti, and seconded by Councillor Bretherton, to approve the application, with the amendment to the wording of condition one, was carried on being put to the vote.”

Minutes

The committee’s decision

The committee approved the application subject to the report’s conditions and changed the first condition to use the updated 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/S3846/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 attached

The permission included controls on occupation, plans, drainage, visibility splays, access, caravans, commercial activity, buildings and external lighting.

“RECOMMENDATION 9.1 To grant Planning Permission subject to the following conditions 1 - Occupation by Gypsy & Traveller Use Only 2 - Approved plans 3 - Foul Drainage – details required within 3 months 4 - Surface Water Drainage – details required within 3 months 5 - Vision splay details – details required within 3 months 6 - Existing vehicular access to be closed 7 - Caravans (number) 8 - Caravans (restricted use) 9 - No commercial vehicles 10 - No Trade / Business Use…”

“Within 3 months of the grant of this planning permission, a surface water drainage scheme in accordance with the surface water hierarchy as set out in Part H of the Building Regulations, including details of the size, position and construction of drainage works shall be submitted for the written approval of the local planning authority. The drainage scheme shall be designed to accommodate a 1 in 30 year storm + 40% climate change.”

Officer report