Traveller caravan pitch at Land At (Tytherington View), Bulls Quarries Road, Frome

What was proposed

Full permission was sought, partly retrospective, for a gypsy/traveller pitch with a static caravan, outbuildings and hard landscaping.

“The Officer’s Report stated this application sought full planning permission for change of use to comprise travellers accommodation consisting of a static caravan with outbuildings including an amenity building, storage unit, kennel, stables and hard landscaping and was part retrospective.”

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Site history and constraints

The site sits in a historic park and garden and wildlife site, with a tree restocking notice after unlawful felling and ongoing enforcement.

“The application site has planning constraints including the Mells Valley Bat Consultation Zone, a Historic Park and Garden (Grade II Listed Marston House Registered Park and Garden), a Local Wildlife Site and a Group Tree Preservation Order. Historically the site comprised a small woodland covered with mature trees which formed part of a registered historic park and garden.”

“The Report provided detailed history of the site which included details of a Tree Restocking Notice issued by the Forestry Commission in June 2020 requiring that the applicant plants 110 replacement trees, and explanation of the legal process that the Local Authority are pursuing regards the various breaches of planning control that have occurred at the site.”

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Why officers recommended refusal

Officers found the tree loss and structures harmed heritage assets, mitigation could not be secured, and the site lies in open countryside.

“The development by reason of the loss of the trees felled in order to create a developable plot to create a gypsy and traveller pitch in combination with the visual impact of uncharacteristic structures on site has resulted in less than substantial harm to the significance of the heritage assets of Marston House, Marston Park RPG and Tytherington Farmhouse.”

“Although the Council cannot currently demonstrate a five-year supply of Gypsy and Traveller pitches and therefore, the tilted balance is engaged for a presumption in favour of sustainable development, the cumulative harm arising from the development, including the loss of historic woodland, urbanising boundary treatments, landscape intrusion, and the adverse effect on the significance and setting of designated heritage assets, carries substantial weight.”

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Who spoke

A councillor, the applicant and residents addressed the committee alongside the Forestry Commission and Parish Council representations.

What members debated

Members discussed precedent, the reduced reasons for refusal, woodland and heritage harm, drainage, access and enforcement timing.

“Members recognised the difficulty and seriousness of planning decisions and stressed that the application should be assessed on its merits, without making assumptions about future behaviour based on past non-compliance. • It was noted that the applicant had engaged with the planning process. • Members raised concerns about whether approval could set a local or national precedent, particularly regarding woodland clearance.”

“Significant concern was expressed about the lack of a secured and deliverable ecological mitigation or biodiversity net gain scheme. Officers advised this mitigation could not be relied upon, as it related to land outside the applicant’s control and was supported only by a draft, unsigned legal agreement, forming a key reason for refusal. • Members raised concerns regarding foul drainage, potential pollution of Marston Brook, access arrangements and village impacts.”

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The vote

Members felt sympathy for the applicant but agreed the harm outweighed the benefits and refused the application unanimously.

“After a full discussion Members expressed sympathy for the applicant but they accepted that the scale of heritage and ecological harm outweighed the benefits. A proposal was made by Councillor Steve Ashton to refuse the application in accordance with the Officer’s recommendation. This was seconded by Councillor Ewan Cameron.”

“On being put to the vote the proposal to refuse was carried unanimously with 8 votes in favour.”

Minutes