One Gypsy/Traveller pitch at The Old Nursery, Sandon, Chelmsford

What was proposed

The application sought one Gypsy/Traveller pitch with a static mobile home, touring caravan, permeable hardstanding and an ancillary dayroom.

“The application is for a material change of use of the land from a nominal agricultural use to one Gypsy/Traveller pitch. The plans submitted with the application show the pitch to accommodate one static mobile home and one touring caravan. Associated works would include of the formation of an area of loose bound permeable hardstanding at the rear of the existing hardstanding, and the construction of a dayroom for ancillary use.”

“The submitted drawings indicate that a mobile home would be set back from Butts Green Road by approximately 124.5m. Two parking spaces, a touring caravan and the dayroom would be set further back into the site. The dayroom would be approximately 3.5m in depth, 6.5m in width and 3.7m in height.”

Officer report

The site and surroundings

The long, narrow rural site had an existing access, overgrown track, disused polytunnels, a portacabin, hardstanding and established boundary vegetation.

“The application site is within the Rural Area, situated between Sandon, Danbury and East Hanningfield. It has an existing access from Butts Green Road and a track which is currently overgrown. The application site is a long, narrow area of land approximately 231m long and 16m wide. There are two polytunnels set back from the road, and a small portacabin, all in disrepair. There is an existing area of hardstanding on the site which serves the polytunnels.”

“The southern boundary of the site is a mixture of post and rail fence and mature vegetation; the western boundary is mature vegetation. To the east of the site is Butts Green Road bounded by mature vegetation and a close boarded fence and gate. The northern boundary is a post and rail fence.”

Officer report

Earlier site history

A 1996 permission allowed two plastic-covered tunnels for nursery stock, subject to conditions about sales and horticultural use.

“96/06118/FUL – Approved June 1996 Two plastic covered tunnels for protecting nursery stock. (Each 5.5M x 19.5M & 2.5M high). (Plan nos. 1 & 2)”

“The above planning permission was granted subject to conditions. Condition 3 stated that there shall be no wholesale or retail sales from the application site. Condition 4 stated that the development permitted shall at all times remain and be used solely for purposes ancillary to and in connection with the horticultural business.”

Officer report

What officers recommended

Officers recommended approval because the proposal complied with policy and, subject to conditions, would not cause unacceptable harm to the countryside, neighbours, highways, flooding or ecology.

“The site is located within the Rural Area. The proposal includes native hedgerow and tree planting around the main part of the pitch. Subject to conditions, there would be no adverse impact on the character of the area or the intrinsic character and beauty of the countryside.”

“The development complies with Policy DM3 of the adopted Local Plan which allows for windfall (i.e. unallocated) developments for Gypsy/Traveller pitches. The plan-led outcome is therefore the approval of planning permission, subject to conditions. There are also material considerations, such as meeting an unmet need for Gypsy/Traveller pitches, which weigh in favour of the grant of planning permission.”

Officer report

Consultation responses

Highways found the proposal acceptable, while the parish council objected and public health services made no comments.

“Essex County Council Highways - application is acceptable to Highway Authority • Public Health & Protection Services – no comments • Sandon Parish Council – objects to the application for the reason summarised below:”

“WEB 03FCOM 25/01046/FUL REPORT2 Page 4 Item 7 -contrary to policy DM3 (A) -highway safety -BNG information not complete -site is unsuitable for proposed use • Local residents – 89 responses received…”

Officer report

Residents’ concerns

Residents objected on grounds including countryside impact, ecology, highways, flooding, sustainability, policy compliance, site suitability and precedent.

“Site is not previously developed land • Impacts rural surroundings and quality of life • Ecology concerns • Highway safety concerns • Unsustainable area • Increased congestion on roads • Increase in surface water flooding • Not enough information submitted to justify proposed use • Does not comply with Policy DM3 of the Local Plan • Applicant is already a resident on another site • Plot size is not suitable for the proposed use • Unsuitable boundary treatments exist on…”

Officer report

Who spoke

A member of the public supported the application, while other members of the public, the parish council and a ward councillor spoke against it.

The committee debate

Members discussed the site’s sustainability, highway access, ecological effects, need for pitches, conditions, the tilted balance and whether approval would create a precedent.

“- The site had existing agricultural use and therefore, it would be expected to see slow moving large vehicles entering and exiting via the existing site access, also that the static caravan would not be expected to enter and leave the site regularly. There was no injury record or recorded incidents along the stretch of highway in vicinity of the existing access, but due to it not being in regular use, the highway verge had become overgrown.”

“- They were confident on the required number of gypsy/traveller pitches being accurate and regularly looked at public, private and unauthorised sites to assist with this. Members of the Committee also expressed views, regarding sustainability concerns of the site location and other recent appeals where the planning inspectorate had refused permission.”

Minutes