Committee considered a detailed report in relation to the above application.
The application had been referred to the Planning Committee by the Assistant Director of Planning and Planning Policy as the original application for the traveller site had been determined previously by Planning Committee.
The application sought approval for an extension to a previously approved traveller site to create an additional 4 pitches, each of which could contain a mobile home, one touring caravan and two parking spaces to facilitate the occupant's travelling lifestyle. The proposal included the hard surfacing of the site to facilitate year round access. The proposal also included amendments to the layout of pitch three (already approved).
If the application was approved there would be 7 pitches on site in total.
The proposed use was not compliant with Policy SS9 (Development in the Countryside) but met an identified need for traveller sites within the district in compliance with Policy LC5 (Applications for Gypsies, Travellers and Travelling Show People).
Derbyshire County Council Highways Department had raised concern about potential conflict between additional vehicle movements on the public footpath and the users of the path, however, this was not considered sufficient to warrant an objection.
Following on from the site notices and neighbour notification letters, objections had been received from two residents which were detailed in the report. Six additional representations had been raised including a representation from Mark Fletcher MP, on behalf of local residents for Bolsover, and these were detailed and addressed by the Planning Officer in the Supplementary Update Report.
It was suggested that condition 10 be amended to read:
“Notwithstanding the provisions of Article 3(1) of the Town and Country Planning (General Permitted Development) Order 2015, (or any Order revoking and re-enacting that Order) no development otherwise permitted by Part 5 Class B (permitted development for caravan sites) of the Order must be erected/constructed/undertaken without first obtaining planning permission”
This gave clarity and precision to the wording of the condition because it advised
anyone reading the condition what Part 5 Class B provides permitted development for.
A Member raised concern that new guidance from Derbyshire County Council regarding traveller sites was not yet available. The Principal Planner advised that although the guidance had not yet been published the Council knew what was to be included so deferring the application and waiting for the document to be published would not have any benefit.
Councillor Ashley Taylor, District Councillor not on the Planning Committee, attended the meeting and spoke against the application on behalf of local residents.
The Senior Planning Officer (Policy) advised that if the application was to be approved the Council would have met its target for the number of Traveller Sites required until at least 2040.
It was moved by Councillor Duncan McGregor and seconded by Councillor Chris Kane that the application be approved.
On being put to the vote it was:
for the motion 4
against the motion 4
The Chair exercised his right to use his casting vote and voted in favour of the application.
It was therefore RESOLVED that the application be APPROVED subject to the following conditions:
1. Before the pitches hereby approved are first occupied, the parking and turning area must be provided on site in accordance with the block plan no M.23.02a submitted via email to the Local Planning Authority on 01/12/2023 and must be maintained available for parking and turning thereafter.
2. The development hereby approved is for 4 additional pitches and revision of layout to Plot 3 of previously approved planning application 22/00425/FUL The pitches must be laid out in accordance with the block plan no M.23.02a submitted via email to the Local Planning Authority on 01/12/2023. Each pitch must only be used for the residential use of one mobile home, located as shown on the approved plan, and for the storage of one touring caravan. No residential occupation of any touring caravan is permitted within the site at any time.
3. The mobile homes on site must be single storey only.
4. The development hereby approved must solely be occupied by travellers as defined as defined in “Planning Policy for Traveller Sites (updated 19th December 2023)”.
5. The development hereby approved is for residential occupation only and no trade or business must be carried out from the site.
6. Notwithstanding the submitted details, before the package treatment plant is installed on site and before the pitches hereby approved are first occupied, full details of the package treatment plant, including details of whether it is to ground via a soakaway or to a water course, with supporting detail in regard to the suitability of the proposed discharge method must be submitted to the Local Planning Authority and approved in writing. The package treatment plant must be installed as approved and must be maintained in accordance with the approved details thereafter.
7. Before the pitches hereby approved are first occupied full details of the hedge proposed to be planted around the edge of the site as shown on the approved plans, must be submitted to and approved in writing by the Local Planning Authority. The hedge must be planted in accordance with the approved details in the first available planting season after the details are approved and must be maintained as such thereafter.
8. Notwithstanding the submitted details, before the pitches hereby approved are first occupied, details of the 1.2m high fences proposed to divide the pitches hereby approved must be submitted to and approved in writing by the Local Planning Authority. The approved boundary treatments must be provided on site in accordance with approved details before the pitches hereby approved are first occupied and must be maintained as such thereafter.
9. Notwithstanding the provisions of Classes A and B of Part 2 of Schedule 2, Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification), no new accesses or boundary treatments must be installed on site unless authorised by an express grant of planning permission.
10. Notwithstanding the provisions of Article 3(1) of the Town and Country Planning (General Permitted Development) Order 2015, (or any Order revoking and re-enacting that Order) no development otherwise permitted by Part 5 Class B (permitted development for caravan sites) of the Order must be erected/constructed/undertaken without first obtaining planning permission.
11. There must be no external lighting installed on the site without the prior submission of a detailed lighting strategy for the site having been first submitted to and approved in writing by the Local Planning Authority.
Advisory notes
1. In legislation 'mobile home' and 'caravan' are synonymous and defined as 'any structure designed or adapted for human habitation which is capable of being moved from one place to another whether by being towed, or by being transported on a motor vehicle or trailer, and any motor vehicle so designed or adapted'.
The definition excludes railway stock on rails forming part of the railway system, and tents.
The definition includes:
· conventional caravans and mobile homes
· dormobiles
· touring caravanettes
· adapted railway carriages
2. A large, twin-unit caravan may come within the definition if it is:
· composed of not more than two separately made sections
· physically capable of being transported by road when assembled (even if it cannot lawfully be transported)
· does not exceed 65.616 feet (20 metres) in length, 22.309 feet (6.8 metres) in width, and 10.006 feet (3.05 metres) from the floor to the ceiling internally
3. Public Right of Way, Bolsover Footpath No.44, as shown on the Derbyshire Definitive Map, must remain open, unobstructed and on its legal alignment at all times. There should be no disturbance to the surface of the route without prior authorisation from the Rights of Way Inspector for the area. Consideration should be given to members of the public using the route at all times. A temporary closure of the route may be granted to facilitate public safety subject to certain conditions. Further information may be obtained by contacting the Rights of Way Section – ETE.PROW@derbyshire.gov.uk. If a structure is to be erected adjacent to the right of way, it should be installed within the site boundary so that the width of the right of way is not encroached upon.
4. A caravan licence will need to be obtained from Bolsover District Council.
Statement of Decision Process
Officers have worked positively and pro-actively with the applicant to address issues raised during the consideration of the application. The proposal has been considered against the policies and guidelines adopted by the Council and the decision has been taken in accordance with the guidelines of the Framework.
Equalities Statement
Section 149 of the Equality Act 2010 places a statutory duty on public authorities in the exercise of their functions to have due regard to the need to eliminate discrimination and advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it (i.e. “the Public Sector Equality Duty”).
In this case, there is no evidence to suggest that the development proposals would have any direct or indirect negative impacts on any person with a protected characteristic or any group of people with a shared protected characteristic.
However, if these protected characteristics were not taken into account and sufficient sites provided within the district to meet an identified need in accordance with Policy LC5 of the Local Plan for Bolsover District then it may be considered that such regard had not been exercised.
Human Rights Statement
The specific Articles of the European Commission on Human Rights (‘the ECHR’) relevant to planning include Article 6 (Right to a fair and public trial within a reasonable time), Article 8 (Right to respect for private and family life, home and correspondence), Article 14 (Prohibition of discrimination) and Article 1 of Protocol 1 (Right to peaceful enjoyment of possessions and protection of property).
It is considered that assessing the effects that a proposal will have on individuals and weighing these against the wider public interest in determining whether development should be allowed to proceed is an inherent part of the decision-making process. In carrying out this ‘balancing exercise’ in the above report, officers are satisfied that the potential for these proposals to affect any individual’s (or any group of individuals’) human rights has been addressed proportionately and in accordance with the requirements of the ECHR.