Four-family traveller site at Land Opposite The Paddocks, Birling Road, Leybourne

What was proposed

Permanent use for four Gypsy Traveller families, with caravans, utility blocks, parking, a water treatment plant and hardstanding.

“Permanent use of site for four Gypsy Traveller families, to include four static caravans, four touring caravans, four Utility blocks, parking for 8 cars, water treatment plant, and associated hardstanding…”

“Description of Proposal: Temporary planning permission was granted on appeal (APP/H2265/C/21/3280661) for the material change of use of the land to use for the stationing of caravans for residential purposes together with associated development including the stationing of mobile washroom and toilet facilities, construction of a septic tank, construction of hard surfaces, and the erection of fences and gates.”

Officer report

The site

The site is an L-shaped, screened plot beside Birling Road, within open countryside and the Metropolitan Green Belt.

“It is also believed that there is such wide public interest, particularly from neighbouring residents they should have the opportunity to express their views. The Site: The application sites comprise an L shaped plot of land, approximately 32 metres in width (at its longest width) and 21.5 metres in width (at its shortest width) x 75.5 metres in length. The site lies on the eastern side of the Birling Road and comprises a temporary gypsy/traveller site.”

“Part 1 Public 3.2 Public Bridleway MR130A runs along, but not adjacent to, the north-eastern side of the site, with the A228 a short distance further to the east of the site. The site lies within the open countryside and is designated as Metropolitan Green Belt. 4.”

Officer report

Earlier permissions

A five-year temporary permission was granted on appeal in 2022, while earlier applications included a withdrawn variation and a declined application.

“21/00225/USEH (EN) / APP/H2265/C/21/3280661 - Appeal Allowed December 2022 Material change of use of the Land to use for the stationing of caravans for residential purposes and associated development including the stationing of mobile washroom and toilet facilities, construction of a septic tank, construction of hard surfaces, and the erection of fences and gates - Granted on a temporary basis for 5 years.”

Officer report

What officers recommended

Officers recommended approval because the site qualified as Grey Belt, met the relevant criteria and its benefits outweighed adverse impacts.

“Grey Belt 6.22 Paragraph 155 states that the development of homes, (and caravans in this case, as noted above would relate to homes) commercial and other development in the Green Belt should also not be regarded as inappropriate where: a) The development would utilise ‘grey belt’ land and would not fundamentally undermine the purposes (taken together) of the remaining Green Belt across the area of the plan; b) There is a demonstrable unmet need for the type of development…”

“Part 1 Public 6.25 Therefore, the Grey Belt definition is clear, that a site does not need to be previously developed land to constitute Grey Belt. Any other land in the Green Belt has potential, under the changes to the NPPF, to constitute Grey Belt land providing policies relating to the areas or assets in footnote 7 (other than Green Belt) would provide a ‘strong’ reason for refusing or restricting development (Officers emphasis added).”

Officer report

Who spoke

Representatives of Birling Residents and the agent addressed the committee in person.

Committee discussion

Members expressed concern about the Grey Belt designation but found no unacceptable impacts that significantly and demonstrably outweighed the benefits.

“Due regard was given to the determining issues, conditions, reasons and informatives as detailed in the report of the Director of Planning, Housing and Environmental Health. Whilst some concern was expressed over the designation of the site as ‘Grey Belt’ based on assessment of the relevant criteria as set out in the updated National Planning Policy Framework 2024 and the associated National Planning Practice Guidance, after careful deliberation it was considered that no…”

Minutes

The decision

Permission was granted in accordance with the submitted details, conditions, reasons and informatives, subject to an additional landscaping enhancement condition.

“RESOLVED: That planning permission be GRANTED in accordance with the submitted details, conditions, reasons and informatives set out in both the main and the supplementary reports of the Director of Planning, Housing and Environment Health, subject to:”

“(1) addition of a landscaping enhancement condition, with final wording of the condition being delegated to the Director of Planning, Housing and Environmental Health, in consultation with the Chair of Area 2 Planning Committee, to agree and to be confirmed as set out in the Decision Notice to be published by the Planning Services of the Borough Council.”

Minutes