Agenda item

To consider report PES/244 (c)of the Head of Economic and Environmental Services.

RECOMMENDATION to PERMIT

The Committee considered report PES/244 (c) of the Head of Economic and Environmental Services which proposed as follows:

Removal of Conditions 1 (temporary permission) and 3 (personal permission) pursuant to CR/2012/0465/FUL for change of use of land to mixed use to include stationing of caravans for residential accommodation, temporary utility building, new access, fencing/gates, stable block, open fronted barn, polytunnel and septic tank.

Councillor Jaggard declared she had visited the site.

The Principal Planning Officer provided a verbal summation of the application. In so doing he emphasised that:

·         Granting planning permission as originally requested through the current application would have had the effect of granting a permanent consent for use of the site for the purposes proposed and without restriction upon who could occupy the site. 

·         In correspondence during the course of processing the application, the Agent for the Applicant had recognised airport safeguarding issues and indicated that a temporary permission would be acceptable.  

·         A balanced judgement of all the issues identified in the report had led to an officer recommendation seeking a further temporary planning permission of four years, subject to conditions.

The Committee then considered the application.  In response to issues raised, the Principal Planning Officer:-

·         Acknowledged the need for an amendment to the report whereby the name of the Councillor referred to on Page 60, should read “Councillor Belben”

·         Emphasised that the Officer recommendation would ensure that there would be no change to the ongoing current use or the appearance of the site, with the same occupants as was currently the case. 

·         Explained that there had been a second touring caravan on the site, but that this was only temporary as a result of a relative visiting the site.  The Council’s Enforcement Officers would be available to investigate this matter, if it was felt necessary to do so as a potential breach of condition.

·         Explained that there was currently no alternative available local provision for gypsies and travellers within the Borough.  Appropriate gypsy and traveller sites were generally in short supply, and the Applicant had no other land on which he and his family could live. 

·         Confirmed that the Local Plan did contain an allocated gypsy and traveller site at Broadfield Kennels.  This site had yet to be delivered. 

·         Advised that no materials were stored on site at the time of the Officer’s site visit, but that if concerns were brought to the Council’s attention regarding external or internal storage of materials used for commercial purposes on the site at any time, the Council’s Enforcement Officers would be available to investigate a potential breach of condition.

·         Confirmed that the touring caravan on the site was used for travelling, but that the mobile homes did not leave the site.

·         Emphasised that the Applicant chose to buy and occupy the site of his own free will, in full awareness of the level of noise due to its proximity to the airport and motorway. 

·         Advised that in terms of noise implications on the health of occupants, the period of the temporary permission could be reduced from the proposed four to three or two years.  However, whilst there were significant concerns regarding noise exposure, Officers felt that four years was appropriate in that it offered a compromise between that exposure, future aviation policy (Gatwick Safeguarding), the human rights of the Applicant and surrounding land owners.

·         Further advised that the proposed four year temporary permission could also allow more time for the Broadfield Kennels’ site to come forward, which might assist with the accommodation needs of some or all of the site’s occupants.

RESOLVED

Permit, for a period of four years, subject to the conditions set out in report PES/244 (c)