Gypsy and Traveller pitch at Land Off Sandway Road, Sandway

The site

The undeveloped countryside plot lies between a dwelling and an art gallery, with fencing, hedgerows and a significant tree line.

“In policy terms the application site is in the countryside. The site is an undeveloped plot located between a residential dwelling and an art gallery. Photos from Google dated September 2023 show the site was a grass covered field, this is now being colonised by longer grasses and other ‘scrubby’ vegetation. There is a significant tree line immediately to the south of the site which is visible from the roadside.”

“The site is separated from the road by post and wire fencing. Close boarded fencing is along the eastern boundary with the residential dwelling and significant hedgerows are on the art gallery boundary to the west.”

Officer report

Officers recommended approval

Officers recommended permission because the borough had only 2.6 years of pitch supply and the proposal’s harms would not outweigh its benefits.

“RECOMMENDATION: GRANT PLANNING PERMISSION subject to conditions.”

“SUMMARY OF REASONS FOR RECOMMENDATION: • The council cannot demonstrate a 5 year supply for gypsy and traveller pitches (2.6 years). Paragraph 11(d) of the NPPF sets out in these circumstances planning permission should be granted unless “...any adverse impacts of doing so would significantly and demonstrably outweigh the benefits...”.”

Officer report

Consultation responses

Natural England, highways, ecology, and minerals and waste consultees raised no objection, with ecology requesting several conditions.

“No objection. Site in the Lenham Waste Water Treatment catchment zone but not the Stodmarsh catchment area. The applicant has submitted a Habitats Regulation Assessment.”

“No objection subject to conditions on: • Submission of a Landscape and Ecological Management Plan • Submission of a Construction Ecological Management Plan (CEMP) • Lighting details • Ecological enhancements…”

Officer report

Residents and parish council

One resident objected, one supported the proposal, and the parish council sought refusal over countryside character, sustainability and ecological concerns.

“Objection, wish to see this application refused for the following reasons: • Harm to rural character and appearance of the countryside. • Sustainability of the location. • Stodmarsh Harm and ecological harm. • Refer to the planning committee if the planning officer recommendation is to grant permission.”

“(Officer note) In terms of the sustainability of the location, Lenham Parish Council appear to be referring to the appeal decision relating to applications 22/505561/FULL and 23/504134/FULL.”

Officer report

Who spoke

A parish councillor addressed the committee, followed by an agent speaking on behalf of the applicant.

Committee discussion

The committee was told that highways had first requested more information and visibility-splay amendments, which could be secured by condition.

“The Committee considered the report of the Head of Planning and Economic Development.”

“In introducing the application, the Senior Planning Officer advised the Committee that although the report stated that KCC Highways had raised no objection to the proposal, they had initially raised a holding objection and requested further information and then amendments in relation to visibility splays. It was considered that this could be addressed by a pre-commencement condition.”

Minutes

The decision

Permission was granted subject to conditions, delegated authority for amendments, and advice that low-level bollard lighting was preferred.

“That permission be granted subject to the conditions set out in the report with an informative advising the applicant that in terms of the details to be submitted pursuant to condition 8 (vii) informed by condition 13 (External Lighting), Members’ preference is for low level bollard lighting in this location.”

“That the Head of Planning and Economic Development be given delegated powers to be able to settle or amend any necessary planning conditions and/or informatives in line with the matters set out in the recommendation and as resolved by the Planning Committee.”

Minutes