DEVELOPMENT CONTROL COMMITTEE – 17 AUGUST 2010
APPLICATION NO: DC/10/0604/COU
LOCATION
Windy Acres
Mutfordwood Lane
Carlton Colville
Lowestoft
Suffolk
NR33 8HD
8
EXPIRY DATE
26 July 2010
APPLICATION TYPE
Change of Use
APPLICANT
Mr & Mrs John Leveridge
PARISH
Mutford
PROPOSAL
Change of use of land from business to private traveller’s site for 1no.
pitch including hardstanding for mobile home and amenity/dayroom block
DO NOT SCALE
Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s
Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may
lead to prosecution or civil proceedings.
SUMMARY
Proposal for a single pitch Gypsy and Travellers site, associated amenity block and operation of a
fencing business. Applicants have presented a case for personal need for the pitch. It is in line with
current national and local planning policy and is recommended for approval.
SITE DESCRIPTION
The site is around 1.3 km west of the built up area of Carlton Colville and around 1 km northeast of
Mutford village. It measures around 230 x 25 metres. It is surrounded by agricultural land, with
trees and established hedging bordering the site. The area of countryside is not designated as
25
being of special landscape value. There is vehicular access and several structures currently stand
on the site. It appears the site is vacant.
PLANNING HISTORY
 Permission was granted for the erection of horticultural buildings and vehicular access in
1975.
 A two year temporary consent was granted for the storage of skips in 1995.
 WDC Planning Committee approved enforcement action to remove a mobile home from
the site in 1996.
PROPOSAL
Proposal for change of use of land to a Gypsy and Traveller’s site with a single pitch. This includes
an amenity block, hard standing for a caravan, and an area for the applicant to operate their
fencing business.
NEIGHBOUR CONSULTATION/REPRESENTATIONS
Neighbouring properties within 700 metres of the site were sent notification letters, a site notice
was posted, and application details were published on the Council’s website. 12 letters of objection
were received, one letter of comment, and 12 letters of support. They are summarised below:
Objections
 Commercial activity on the site has not taken place for over ten years
 There is no water or electricity supply to the site
 How can a gypsy and traveller site be considered when housing would not? This should be
treated in the same way as an application for residential use.
 Rise in crime
 Creation of a highway safety hazard
 Water and electricity supply could not cope with this proposal
 Inappropriate use of land in open countryside
 Concerns this would lead to further pitches/families on the site
 Would like investigation police/crime documentation relating to applicants
 Comments relating to background of “John Leveridge”
 Targets for Gypsy and Traveller sites contained in Regional Spatial Strategies have now
been removed
 No planning policy justification for the proposal
 Visual impact on countryside
 Site not on mains drainage
Comments
 Why is a day room/utilities block required?
 There is a gypsy and traveller site at Kessingland.
Expressions of Support
The fifteen letters assert the applicants are of a friendly, polite, respectful, honest character and
have worked hard to build up their business. Some emphasize the benefits of living close to
facilities such as doctors and schools.
Note
Objector’s comments referring to “John Leveridge” are referring to a different John Leveridge
and not the applicant who has met with the Local Planning Authority and as represented by
the Gypsy Council. The expressions of support refer to the applicant and their family. In
either case, character or personal references to do not hold weight in the determination of
the planning application.
26
CONSULTEES
Suffolk County Council Highways Department - consulted on 11th June 2010.
No objections.
Planning Policy - consulted on 11th June 2010.
Proposal is acceptable in terms of the Adopted Waveney Core Strategy and National Planning
Policy contained in Government Circular 01/2006. (See ‘Planning Considerations’ below)
Environment Agency - HMIP - Pollution - consulted on 11th June 2010
Commented that a private sewage treatment plant should be installed. The applicants would need
to apply to the EA for any discharge of effluent from the plant.
WDC - Community Cohesion Team - consulted on 11th June 2010.
No reply received at time of writing.
County Planning Officer - consulted on 11th June 2010
Commented that the application does not conflict with the Minerals Core Strategy on the basis that
the site is part of a previously approved development curtilage.
Env. Health - Environmental Protection - consulted on 11th June 2010
Commented that the proposed residential use is vulnerable to the presence of land contamination
and it is possible the site is contaminated from the previous skip hire and lawn mower repair
businesses. Therefore no development should take place before a contamination assessment
(together with remediation and validation if required) has been submitted and approved.
Mutford Parish Council - consulted on 4th June 2010.
Objected on the grounds that it is an inappropriate use in the countryside.
SCC - Gypsy And Traveller Liaison Officer - consulted on 18th June 2010.
No reply received at time of writing.
Carlton Colville Parish Council - consulted on 18th June 2010
Objected to the proposal on the grounds that it is a change of use of Greenfield land; granting this
application could create a precedent and lead to further numbers on the site; lack of resources at
local schools. Queried the need for an amenity block
PUBLICITY
No newspaper adverts displayed.
SITE NOTICES
The following site notices have been displayed:
WDC General Site Notice
Reason for site notice: Change of Use
Date posted 11.06.2010, Expiry date 01.07.2010
PLANNING POLICY
Circular 01/2006 (national policy)
CS12 ‘Gypsy and Traveller Accommodation’ Waveney Core Strategy (2009)
H23 ‘Gypsy Site Development Criteria’, Adopted Waveney Local Plan (1996)
PLANNING CONSIDERATIONS
The situation surrounding planning policy and Gypsy and Traveller sites is currently a complicated
one. Regional Spatial Strategies (RSSs) formerly contained a figure for pitches to be provided in
the Waveney district up to 2011. These have recently been revoked, however, by the coalition
Government. Advice from the Department for Local Communities and Government (DCLG) that
27
goes alongside revocation of the RSS’s states that “Local Authorities will be responsible for
determining the right level of site provision, reflecting local need and historic demand, and for
bringing forward land in DPDs. They should continue to do this in line with current policy”. Planning
policy for determining applications for Gypsy and Traveller sites is provided in Government
Circular 01/2006 ‘Planning for Gypsy and Traveller Caravan Sites’, Adopted Core Strategy policy
CS12 ‘Gypsy and Traveller Accommodation’, and Adopted Local Plan Policy H23 ‘Gypsy Site
Development Criteria’.
Need
With regard to local need, the abovementioned advice refers to Gypsy and Traveller
Accommodation Assessments (GTAAs), which have been undertaken by all local authorities. The
Suffolk Cross-Boundary GTAA forms the main evidence base for Gypsy and Traveller
accommodation in Waveney. The GTAA finds that one pitch is required for the period 2006-2011
and three additional pitches for the period 2011-2016. The recent extension of four pitches to the
Kessingland site has met this need to 2016. It is important to note, however, that the identified
need is indicative only. Additionally, it is three years old and changes in need could have occurred
in this time.
The evidence put forward in the application suggests that there is a personal need for this family
for accommodation in this area. They require a site to raise their family and for their son to attend
play group and a local school. Circular 01/2006 is supportive of applications for private Gypsy and
Traveller sites. It states “the Government recognises that many gypsies and travellers wish to find
and buy their own sites to develop and manage. An increase in the number of approved private
sites may also release pitches on local authority sites for gypsies and travellers most in need of
public provision”. A Gypsy family (as confirmed by the Gypsy Council) applying for a site in
Waveney is further evidence of need. WDC Planning Policy have confirmed the existing
Kessingland site is fully occupied most of the time. Therefore, taking in to consideration the lack of
alternative options and the fact there is no allocated land for Gypsy and Traveller sites, the need
for a private windfall site of this scale can be justified.
Location
Circular 01/2006 sets out a number of criteria that are applicable in the determination of
applications. It states that sites on the outskirts of built-up areas, rural, or semi-rural sites may be
appropriate. Rural sites, where not subject to special planning constraints, are acceptable in
principle. It goes on to say that sites should respect the scale of, and not dominate the nearest
settled community, and should avoid placing undue pressure on local infrastructure. The site is not
in countryside with a special landscape designation and hence the location is acceptable in
principle. It is of sufficiently small scale to not dominate the local communities or place undue
pressure on the local infrastructure.
CS12 of the Core Strategy states that schools, services and shops should within easy travelling
distance, preferably by foot, cycle or public transport. The site is approximately 1.3km from Carlton
Colville Primary School, 2km from Gisleham Middle School and 1.6km from local shops. These
distances are certainly convenient for access by bicycle although pedestrian access is not so
good. Circular 01/2006 also seeks sites that have access to local services. The site is not in a
flood risk area.
Reference has been made by objectors to poor water and electricity supply in the area. EDF
Energy Networks have advised that a new connection to the network would not be to the detriment
to existing customers and an upgrade could be carried out if necessary. Sewage can be dealt with
using facilities in line with Environment Agency standards.
Visual Impact
The site is currently bordered by trees and hedging and there are existing structures. CS12 seeks
to minimise the impact of the proposal on the character and appearance on the countryside
setting. This can be achieved by the retention of the existing planting. Additionally, restricting the
proposed uses to specific areas within the site could protect the open nature of the paddock
southern part of the site which would be in harmony with the surrounding open countryside.
28
Mixed Use
Circular 01/2006 encourages identification of sites for mixed use i.e. running a business from the
same site on which their caravans are stationed. Consideration should be given to safety and
amenity of occupants, their children, and neighbours. Given the separation of the site from nearby
dwellings (the nearest one not being closer than 85 metres), it is not considered that the proposed
fencing business use would have a harmful impact on the amenities of neighbouring dwellings.
Concerns have been raised regarding highway safety. SCC Highways Department have been
consulted on the proposal and have no objections from a highway safety perspective.
Plans have been provided identifying an area for use in connection with the fencing business. The
use could be restricted to this area. This rural location is not suitable for such a business to
operate in isolation; therefore members may wish to consider a condition specifying the fencing
business should only operate whilst the Gypsy and Traveller site is occupied. Additionally, this
location may not be suitable for all types and scales of business, therefore the type of business
could be restricted to fencing only. Objectors have pointed out that commercial activity has not
taken place on the site for some years. This may be the case but a mixed use such as this
proposal is in line with planning policy for the reasons outlined above.
Objectors have questioned the need for an amenity block as well as a caravan on the site. The
applicant’s representatives have advised that a separate amenity block is a required for cultural
reasons for washing and cooking.
Reference has been made to the Core Strategy and Government Circular as these provide the
most up to date and applicable planning policy. It should be noted that the proposal is also found
to be in accordance with Adopted Local Plan policy H23.
Human Rights Act
The recommendation set out in this report is considered to be compatible with the Human Rights
Act 1998 and that in reaching this conclusion the requirements of that Act have been fully
considered and taken into account.
CONCLUSION
The applicant’s have provided personal evidence of a need for this site and, given the lack of
alternatives and allocated sites, the need can be justified. The proposal is in line with planning
policy in the Core Strategy, Government Circular 01/2006 and the Adopted Local Plan. Approval is
therefore recommended with appropriate conditions (see below).
RECOMMENDATION
Approval is recommended. Members may wish to apply some/all of the following conditions:






The site is not to be occupied by anyone other than gypsies or travellers as defined in the
circular 01/2006
Site restricted to one pitch with space for two caravans. Not more than one shall be a static
caravan.
Fencing business is restricted to the area allocated on the plans.
The only commercial use to take place on site shall be in connection with the fencing
business, and only for as long as the gypsy and traveller pitch is occupied.
Existing boundary planting is retained.
A contaminated land study is submitted and approved by the Local Planning Authority.
BACKGROUND PAPERS
CONTACT
Case File DC/10/0604/COU available from Development
Management department, Marina Customer Services Centre
Dickon Povey, Planning and Enforcement Officer, Tel: 01502
523054
29