Three-pitch traveller site at Land At Picton Gorse Lane, Picton, Chester

What was proposed

The application sought retrospective permission for a three-pitch family traveller site, caravans, amenity facilities and access through the existing opening.

“Description of development: Change of use of land to form a 3 pitch family traveller site, along with the re-use of the existing building for WC and bathroom facilities, with access taken via the existing opening onto Picton Gorse Lane…”

“The application site comprises a parcel of former agricultural land on Picton Gorse Lane located approximately 1km to the east of Chester in the parish of Mickle Trafford and District. There is an existing building on site which was intended for agricultural use. There is an existing access to the site onto Picton Gorse Lane. The site is within the Countryside and Green Belt and the immediate locality comprises open agricultural land.”

Officer report

Officers’ recommendation and reasons

Officers recommended approval because traveller-site need and the children’s circumstances outweighed Green Belt, countryside and accessibility harm.

“The development is inappropriate development in the Green Belt. This is harmful by definition and substantial weight is attached to that harm. The development reduces the Green Belt’s openness, which gives rise to additional harm, and it does not assist in safeguarding the countryside from encroachment which is one of the stated purposes of the Green Belt. Significant weight is also attached to this harm.”

“When taken together, these other considerations would clearly outweigh the harm to the Green Belt, the harm to the character and appearance of the countryside and the relatively poor accessibility of the site to services, facilities and public transport. In terms of Green Belt, it is considered that the proposal therefore complies with Policy STRAT9, as a well as guidance within the Framework.”

Officer report

Consultation responses

The parish council objected, while highways and environmental protection officers raised no objections; biodiversity and drainage matters were subject to conditions.

“Parish Council: Object on the following grounds;”

“Biodiversity Officer - No objection subject to conditions relating to lighting, and to secure biodiversity enhancements, and a 10-year Habitat Management and Maintenance Plan.”

Officer report

Concerns raised

Objectors cited unauthorised development, Green Belt and countryside harm, noise, highway safety, poor access to services, biodiversity, need and precedent.

“The development has been carried out without the benefit of planning permission. • The development harms the character and appearance of the countryside. • The development represents inappropriate development in the Green Belt for which very special circumstances have not been demonstrated. • The development causes noise and disturbance to the detriment of neighbouring residential amenity.”

“Concerns have been raised regarding the precedent which would be set by the granting of planning permission. Planning applications are, however, determined on their own merits having regard to the relevant provisions of the development plan and any relevant material considerations. As such, this matter carries no weight in the determination of the application.”

Officer report

Who spoke

The agent spoke about the application, followed by Councillor Margaret Parker as ward member.

Members’ questions

Members questioned the road, pitch numbers, commercial activity, wastewater, accessibility, school travel and habitat loss.

“Members made the following enquiries: • Could officers provide comments on the quality of the road used to access this site. • Members requested clarity over the number of pitches. The applicant had requested the use would be limited to 3 pitches, however the diagram shown on the reports listed 5 pitches? • Could officers confirm that no commercial business could be carried out on the site if permission was to be granted.”

“Officers responded as follows: • Officers would not be able to fully comment on this query. Picton Gorse Lane was narrow and subject to a national speed limit of 60mph.The highways officer who assessed the application noted that traffic levels are deemed to be low. • One pitch at the front of the site would be a static caravan and trailer, two pitches and the rear of the site comprise of two trailer caravans.”

Minutes

The vote

Members voted 9 in favour, none against and 2 abstentions on a proposal to approve subject to conditions.

“A proposal to approve the application, subject to conditions in the report was passed by 9 votes in favour, 0 against and 2 abstentions.”

Minutes

Conditions attached

Conditions covered approved drawings, pitch and vehicle limits, septic-tank details, ecological enhancements, planting and external lighting.

“To approve the development subject to the conditions described below.”

“Development to be carried out in accordance with approved drawings 2. Use to cease no later than 3 years 3. Use to be limited to 3 pitches 4. Occupation to be restricted to Gypsies/Travellers 5. No more than one commercial vehicle per pitch and no commercial storage 6. Submission of details of septic tank 7. Submission and implementation of details securing ecological enhancement/compensation 8. Submission and implementation of a planting plan 9.”

Officer report