Romani family caravan site at Caravan 100m West of Old Place Cottage, High Halden

What was proposed

The application sought a residential caravan site for one Romani family, with one static caravan, two touring caravans, parking and associated works.

“Proposal 6. Planning permission is sought for the change of use of land to a residential caravan site for one Romani family. The proposal is for one static caravan, two touring caravans, parking for two cars, with associated hardstanding, new fencing, gate, water treatment plant and infrastructure (part retrospective).”

“The access to the site and the hardstanding at the site are already in situ (with the access and part of said hardstanding being lawful). Retrospective permission is sought for the remaining new western part of the hardstanding which is unauthorised and for retention of an existing touring caravan at the site (which is unauthorised), to make way for a new static caravan.”

Officer report

The site and surroundings

The 0.04-hectare site lies in countryside beside Woodchurch Road, with fields, woodland, homes, a public footpath and existing hardstanding.

“Site and Surroundings 2. The application site comprises a rectangular piece of land extending to 0.04 hectares located on the southern side of Woodchurch Road and sited within countryside which forms part of the Woodchurch Undulating Farmlands Landscape Character Area. The application site forms the northeast section of a larger piece of land, which encompasses several fields / paddocks, a stable building and a pond, all of which are owned by the applicant (see Figure 1).”

“To the west of the site there is a field and beyond that a residential property known as ‘Pantiles’. To the north of the site there are fields and areas of woodland. To the east of the land owned by the applicant (as shown via the blue line on the submitted location plan) there is a residential property known as Old Place Cottage. Public footpath AT155 runs in a northwest to southeast direction to the east of Old Place Cottage (see Figure 2) and alongside Hales Toll Wood.”

Officer report

Earlier planning history

Earlier permissions covered access, stables and hardstanding, while a 2017 mobile-home proposal was refused for insufficient justification and countryside visual impact.

“09/00608/AS - Change of use of land for the keeping horses and erection of stables and associated hardstanding and access (amended scheme to planning reference 08/01438/AS). Approved on the 11 th December 2009.”

“16/01408/AS - Change of use of land for stationing of a mobile home in use as a dayroom and hardcore, installation of septic tank/drainage and fencing. Refused on the 3 rd February 2017. This application related to a mobile home which was proposed as being ancillary to and providing facilities for the stables use of the site, and which was located adjacent to the existing stables on the area of blue line land to the south of the application site.”

Officer report

What officers recommended

Officers recommended approval, giving substantial weight to the shortage of authorised Traveller pitches and the family’s need for a settled base, despite limited visual harm.

“The application seeks permission for a small Gypsy and Traveller site for a single family. The PPTS requires local authorities to facilitate the provision of culturally appropriate accommodation. The applicant identifies as a Gypsy/Traveller for the purposes of the PPTS and therefore the proposal engages the Public Sector Equality Duty (PSED).”

“Where local need demonstrably exceeds supply, as is clearly the case in Ashford, the absence of alternative lawful options becomes a material consideration of substantial weight. 101. I consider it important to note that other material considerations such as a lack of alternate sites and personal circumstances also carry weight in the planning balance.”

Officer report

What people said

The parish council and neighbours raised concerns about countryside character, sustainability, highways, drainage, utilities, need, existing sites and possible expansion.

“Neighbours: 2 neighbours were consulted and the proposal was also advertised by way of a site notice. 8 letters of objection have been received which raise the following concerns: • The proposal represents sporadic, harmful and unsustainable form of development that would detract from the character and appearance of the countryside and the established agricultural character of the area.”

“The existing hard standing does not have adequate drainage to deal with the volume of surface water and subsequent run-off to the main carriageway. • No exact details of the water treatment plant for dealing with foul water have been provided. It has not been demonstrated that the proposed water treatment plant will not lead to pollution to watercourses and adjoining fields. • It has not been demonstrated that there is a need for such a development in this location.”

Officer report

Who spoke

The Ward Member attended the committee and spoke against the application.

The committee decision

The committee granted planning permission, with delegated authority for conditions and notes covering occupation, landscaping, highways, drainage, biodiversity and lighting.

“B Subject to planning conditions and notes, including those dealing with the subject matters identified below, (but not limited to that list) and those necessary to take forward stakeholder representations, with wordings and triggers revised as appropriate and with any ‘pre- commencement’ based planning conditions to have been the subject of the agreement process provisions effective 01/10/2018.”

“Approved Plans 2. Occupation (Gypsies and Travellers only) 3. Restriction on numbers of mobiles and tourers 4. Landscaping strategy 5. Visibility splays being retained 6. No commercial activities 7. Ensuring the removal of the existing close boarding fencing and erection of the post and rail fencing 8. Details of gates 9. No further walls / gates / fences to be erected 10. Refuse storage 11. Water usage 12. SUDs details to be provided 13. SUDs verification report 14.”

Minutes