Cowdenbeath Area Committee
4th June, 2008
Agenda Item No. 14(e)
ITEM NO:
APPLICATION FOR FULL PLANNING PERMISSION
REF: 08/00484/WFULL
SITE ADDRESS:
YARD NO 1A CARTMORE INDUSTRIAL ESTATE LOCHGELLY
PROPOSAL :
RETROSPECTIVE APPLICATION FOR CHANGE OF USE FROM
CLASS 5 INDUSTRIAL LAND TO A SINGLE FAMILY'S
TRAVELLING PEOPLE'S SITE WITH YARD SPACE TO THE
REAR OF THE SITE FOR A FURTHER 3 CARAVANS FOR
FAMILY USE ONLY, INSTALLATION OF A MOBILE HOME
(CHALET) AND ERECTION OF AN AMENITIES BUILDING WITH
ASSOCIATED ACCESS GATES, FENCING, DOMESTIC FUEL
TANK, SATELLITE DISH AND TV AERIALS
APPLICANT:
MARLEEN IRVINE 1A CARTMORE INDUSTRIAL ESTATE
LOCHGELLY FIFE
CONSULTATIONS
Transportation Service
Scottish Water
Lochgelly Community Council
Social Work
Housing Service
Education
Environmental Services - West
Economic Development
Refuse
No Objection
Refuse
No comments
Refuse adequate provision
No contribution
Approve with Conditions
Refuse
REPRESENTATIONS
No representations have been received in relation to this application
STATUTORY POLICIES AND APPROVED GUIDANCE
NPPG17 - Transport & Planning
SPP1 - The Planning System (2002)
Fife Structure Plan (2002)
Policy SS1 - Settlement Development Strategy
Policy H6 - Housing Land Requirement
Policy T1 - Transport & Development Criteria
Finalised Fife Structure Plan (2006)
Policy SS1 - Settlement Development Strategy
Policy H4 - Meeting the Housing Land Requirement
Cowdenbeath Area Local Plan
BE2- Development within town and Village envelopes
BUS1- Employment Land Requirement
BUS3 –Allocated and Established Employment Areas
H3 – Affordable and Special Needs Housing
T1 - The Transport Network
Other Guidance
The Secretary of State's Advisory Committee on Scotland's Travelling People (ACSTP)
Guidance Notes on Site Provision for Travelling People (GNSPTP) 1997
PLANNING SUMMARY
1.0
PROPOSALS
1.1
The applicants are seeking planning permission to make lawful the use of land which
they own at Cartmore as a privately operated site for Travelling People. They seek planning
permission for a change of use from Class 5 industrial land to a travelling peoples site with a
further 3 caravans for family use, the installation of a mobile home, satellite dish, television
aerials and domestic fuel tank.
1.2
The site, which extends to .3 hectares and takes the form of a rectangular area.
The site is completely laid out in tarmacadam with high cast iron railings and gates to the
front of the site and a 2 metre wooden fence on the north, west and south boundaries. The
building used for toilet and laundry facilities (3.6 metres by 5 metres) is situated in the middle
of the site. To the front of the site a mobile home 12.9 metres long 6.1 metres wide is
situated and to the north of the site the boundary with an other tarmacadam area with a
similar sized toilet/ utility building and a concrete pad capable of taking a similar mobile home
and the same type of cast iron railings and gates as the applicant to the front of the site.
1.3
Access to the site is gained from an arterial road in the industrial estate.
1.4
The site is bounded a tarmacadamed area of made up ground to the north as
described in paragraph 1.2 and to the east the access road with a Travelling Peoples site
beyond. To the south, Regal Rubber Company and to the east, a wide grass verge onto
Station Road, Lochgelly.
2.0
PLANNING ASSESSMENT
2.1
SECTION 25
2.1.1 Section 25 of the Town And Country Planning (Scotland) Act 1997 requires that in
making a determination under the Planning Acts, regard is to be had to the development
plan, the determination shall be made in accordance with the plans unless material
considerations indicate otherwise.
2.2
The material considerations in the assessment of this application are:-
Development Plan context
National Guidance on Traveller proposals
Assessment of need
Consultations
2.3
DEVELOPMENT PLAN
2.3.1 Policy SS1 of the Fife Structure Plan (2002) directs development to appropriate sites
which are identified within the Local Plan
2.3.2 Policy H6 of Fife Structure Plan (2002) refers to proposals which would result in the
Housing Land Requirements being exceeded. The policy makes clear that support may be
provided for `special needs’ housing where it meets an identified local need and where there
is no impact on other Local and Structure Plan policies.
2.3.3 Policy T1 of the Fife Structure Plan (2002) sets out the criteria to be applied to the
Transportation considerations of new development proposals. Road safety is identified as a
key consideration.
2.3.4
Policy SS1 of Fife Structure Plan 2006 identifies sites for development in Local
Plans and advises on the assessment of proposals within the framework of the Local Plan.
2.3.5 Policy H4 of Fife Structure Plan (2006) refers to proposals which would result in the
Housing Land Requirements being exceeded. The policy makes clear that support may be
provided for `special needs’ housing where it meets an identified local need and where there
is no impact on other Local and Structure Plan policies. Although, even if a wide view is
taken the proposal is not strictly for special needs.
2.3.6
Policy BE2 of the Cowdenbeath Area Local Plan only supports development within
the town and village limits where the development conforms to the policy framework for the
site. As the proposed development is residential within an industrial estate the proposed use
is contrary to Policy BE2 of the Cowdenbeath Area Local Plan.
2.3.7 Policy BUS1 and BUS3 of the Cowdenbeath Area Local Plan identifies 3 hectares of
land for future industrial use in response to the demand for local business demand. If the
proposed development were approved it would reduce the existing industrial land at
Cartmore by .3 hectares and introduce a non industrial use into an area designated as
industrial and as such is contrary to Policy BUS1 and BUS3
2.3.8 Policy H3 of the Cowdenbeath Area Local Plan only supports special needs housing
where it would not prejudice the implementation of other Local Plan Policies. The site lies
within Cartmore Industrial Estate and is identified in the Local Plan as being reserved for
employment use. Whilst the development proposed would not normally be classified as
special needs housing, even if a wide definition of what constitutes special needs housing is
taken, the proposal is clearly contrary to Policy H3 of the Cowdenbeath Local Plan.
2.3.9 Policy T1 of the Cowdenbeath Local Plan seeks safe and convenient cycle routes of
access. The proposal would generate pedestrian traffic which would conflict with pedestrian
and vehicular traffic generated by the development and heavy goods lorries, which would
cause road safety concerns and as such is contrary to Policy T1 of the Cowdenbeath Area
Local Plan.
2.3.10 With regard to the Development Plan, neither the Structure Plan or Local Plan
support the grant of planning permission. The site is allocated for industrial purposes with
the emphasis placed on maintaining the employment land supply. Concerns were also
expressed about the locational disadvantages of the site within the industrial estate which
could lead to road safety problems for pedestrians.
2.4
Scottish Government Guidance
2.4.1 The Scottish Executive Guidance on Gypsy Travellers is available from two sources.
Scottish Planning Policy 3 (Planning for Housing) recognises the needs of Gypsy Travellers
for appropriate accommodation should be set out in the Local Housing Strategy.
The
Executive states that Planning Authorities have a role to play through the Development
Plans by identifying suitable locations for Travellers sites, where need is demonstrated and
setting out policies for dealing with planning applications for small privately owned sites. As
present, Fife’s bid for funding within the Local Housing Strategy includes proposals for
expenditure on Travelling People’s sites.
2.4.2 The Scottish Executive Guidance specifically relating to Gypsy Travellers recognises
the problems of unauthorised use of land and the need to find a balance between the needs
and expectations of Travellers in the community. The Executive identifies the need to clarify
the overall policy aims and short-terms objectives, as essential, if practical arrangements for
dealing with unauthorised encampments are to be developed. The guidance recommends
the development of policies based on local knowledge of Travellers movements and
recommends that acceptable temporary stopping places should be identified to which
Travellers can be directed. Suggestion is also made within the guidance to look favourably
on planning applications for Travellers to develop small sites.
2.5
CONSULTATION RESPONSES
2.5.1 Transportation Services have recommended refusal as a residential development is
unacceptable located within an industrial estate due to the conflict which would arise
between industrial vehicles and vehicles and pedestrians associated with the residential
development and would be to the detriment of road and pedestrian (particularly children’s)
safety. Transportation Services note that there is large travelling peoples site located
opposite. It should be noted that the site was refused permission by Fife Council but
successfully won an appeal to the Scottish Executive and Transportation Services are
anxious to ensure that a precedent is not set for residential development within industrial
estates in the interests of road safety.
2.5.2 Scottish Water offer no objection to the proposal as they currently have sufficient
capacity to service the proposed development.
2.5.3
Social Work have no material comments to make on the application.
2.5.4 Housing Services are not supportive of this application on the grounds that there is
adequate provision of pitches in the Lochgelly area. Their assessment of needs is ongoing
and there is no clear case for additional provision.
2.5.5 Environmental Services have commented that if approval is given, conditions should
be attached and that a ground contamination risk assessment be undertaken.
2.5.6 Educational Services have intimated that they have reviewed the impact of this site
on education provision and would not expect the developer to provide contributions for this
development.
2.5.7 Economic Development have responded that the proposed use is incompatible with
the neighbouring employment uses and would lead to future adverse impact on the legitimate
operation and development of those businesses in the proximity of the site and should be
refused.
2.5.8 Lochgelly Community Council have objected to the proposal as it is contrary to Fife
Council’s Structure Plan and Cowdenbeath Area local Plan in that Cartmore Industrial Estate
was set up to bring in industry and employment to an area which was suffering from the loss
of 2,500 mining jobs.
2.6
ASSESSMENT OF NEED
2.6.1 To actively promote Government Guidance Fife Council have developed a
framework of co-operation with Gypsy Travellers in Fife which clearly identifies their rights
and responsibilities. The Co-operation Policy sets out procedures to deal with unauthorised
encampments which have the potential to give rise to significant complaints. It recognises
that the decision to permit any site to remain will be a balance between the needs, rights and
wishes of Travellers and those of the settled community; whether there is any impact on the
environment; any road safety concerns; any intolerable nuisance; any intolerable impact on
employment land; any damage to Council land; any prejudicial effect on the use of land; and
whether the site is detrimental to the interests of the public and/or is too large for its location.
At present the Council are actively looking for 6 to 8 additional temporary sites, beyond the 3
permanent sites currently operating in Fife for accommodating Gypsy Travellers in Fife.
These will comprise areas of hardstanding with temporary toilet facilities and means of refuse
disposal. The sites will be managed by the Housing Service. The implementation of this
section of the policy will assist the Council in dealing with unauthorised encampments
throughout Fife in a managed way.
2.6.2 There is a strong planning argument which presumes against this development at
the Cartmore Industrial Estate. The loss of employment land for residential purposes is
clearly contrary to the Development Plan. The specific relationship between the site and the
industrial use is of paramount importance and has led to a conclusion in the past, that the
quality of the environment was unsuitable for residential use. On-site contamination and
road safety concerns remain.
2.6.3 An additional 3 hectares of industrial land has been identified at Cartmore Industrial
Estate though the Cowdenbeath Area Local Plan as essential to promote industrial and
business use within the Lochgelly Area. It is Council policy that existing industrial estates are
safeguarded for continued industrial and business use which is essential for local businesses
and promotes inward investment and employment into the area.
2.6.4 There is a Travelling Peoples site directly situated across the access road within the
industrial estate. This site was established over 7 years ago and was subject of a planning
application which was refused and appealed with the appeal being upheld. Circumstances at
that time were that there was no provision for travelling people in the Lochgelly area. The
established travelling peoples site is well maintained, well managed and is a source of limited
complaint. It is also recognised by the Council that the land occupied by the owners of that
site could contribute to the Council’s hierarchy of site provision, a factor that has been
discussed with them as well as a management arrangement which would be achieved
through the conclusion of a legal agreement. Fife Council have now entered into an
agreement with the owners of the site and have secured 6 temporary pitches for
accommodation to serve travelling people. It should also be noted that Fife Council at
present have no travelling people with their names on a waiting list for this site or any other in
the Fife area.
3.0
CONCLUSION
3.1
The approved and adopted Development Plan does not contain a specific policy
relating to the provision of gypsy/traveller sites. Accordingly the proposal is a Departure from
the Development Plan and has been advertised as such.
3.2
With regard to the Development Plan neither the Structure Plan nor Local Plan
support the grant of planning permission. The site is allocated for industrial purposes with
the emphasis placed on maintaining the employment land supply and promoting incoming
and local business and industry into an area where it is much needed.
3.3
In conclusion, there is now an established travelling peoples site within Cartmore
Industrial Estate which has capacity to take new travellers. Fife Council has negotiated with
the owners of this site and have secured a further 6 pitches within the site for temporary use
by travelling people. It is therefore now established that there no need for additional travelling
people sites within the Lochgelly area as there is adequate provision.
3.4
Having taken into consideration all these circumstances I consider that planning
permission should be refused and enforcement action taken to remove the unauthorised use
from the site and there are no material reasons for setting aside the terms of the
Development Plan.
RECOMMENDATION:
Refuse and Authorise Enforcement Action to secure the removal of the mobile home from the
site and discontinuance of residential use.
Reason(s):
1.
The proposal by virtue of its location within Cartmore Industrial Estate is contrary to
Policies SS1, H6 and T1 of the Fife Structure Plan (2002), Policies BE2, BUS1, BUS3, H3
and T1 of the Cowdenbeath Area Local Plan (2003) and there is no reason for a departure
from these policies.
2.
The use of the site, as proposed would constitute an undesirable residential use
within a predominantly business and industrial area, which if allowed would adversely affect
future and local business and industrial use of the industrial estate.
3.
The proposal conflicts with Fife Council's Transportation Development Guidelines in
that it would, as a residential development located within an industrial estate, cause conflict
between industrial vehicles and vehicles and pedestrians associated with the residential
development and would be to the detriment of road and pedestrian (particularly children’s)
safety.
BACKGROUND PAPERS
The documents, guidance notes and policies referred to in “Statutory Policies and Approved
Guidance”.
Report prepared by Avril Hughes, Planner