Agenda item

Continued use of land as Travelling Showperson's site for one family granted on appeal on 14th June 2011. [Wheldrake Ward]

Members considered a full application by Mr and Mrs J Peel for the continued use of land as a Travelling Showperson’s site for one family granted on appeal on 14^th June 2011.

Officers advised that a letter of support from the Junior Vice President of the Showman’s Guild for Great Britain had been forwarded to them by the applicant. This was circulated to Members and attendees at the meeting.

Representations were heard from six people in relation to the application.

Ken Guest, an adjacent neighbour, addressed the committee in objection to the application. He advised that the officer recommendation ignored planning policy and previous decisions taken by the council and that approving this application would be a breach of planning inspectorate 2011 ruling which granted a maximum 5 years temporary term and would set a precedent for other applications throughout the UK.

Martin Moorhouse, a neighbour of the applicant, then spoke, also in objection. He advised that the inspector had granted a temporary term of 5 years, in order to allow for the potential for alternative sites to be brought forward through the local plan process. He stated that, by next year, none of children would  be of primary age, therefore the need for the children to attend the village school would no longer be a reason for needing to stay on the site.

Emma Peel, the applicant, addressed the committee in support of the application. She explained that her family were travelling showmen who had resided there since 2011 and travelled to many events on a regular basis. Her two 11 year old daughters had places at Fulford School from September 2017 and her 2 year old son currently attended the local nursery. She explained that, when permission was granted on appeal in 2011, the council had hoped to have allocated a site to show people through the local plan process but this has been delayed. A 3 year extension would prevent them becoming homeless and would meet the needs of the local plan.

Julia Garnham, a neighbour and friend of the Peel family, also spoke in support of the applicant’s case. She told members that since the family had moved onto the site they had integrated well into village and school life and the family was well liked in the village. She advised members that the site was kept tidy and only their own equipment was stored there advising that they didn’t cause any harm or impact negatively on the countryside.

Ian Bailey, Chair of Elvington Parish Council, addressed the committee in objection. He advised that the parish council was rigorously proactive about protecting the greenbelt around the village and both the council and planning inspector had agreed that this was inappropriate development in the Green Belt. He stated that the council had had enough time to find an alternative site for show people and the site should now be returned to the Green Belt.

Councillor Mercer, Ward Councillor for Wheldrake also addressed the committee. She expressed disappointment that no other site had been forthcoming and reiterated that this was inappropriate development in the Green Belt and also raised issues in relation to road safety, drainage and flooding. She asked that if members were minded to approve the application, consideration be given to a condition to require suitable planting around the site to lesson the impact on neighbouring properties.

Members accepted that the Inspector’s decision had been finely balanced but that he had made judgement of 5 years based on local plan process. However they noted that sites had still not yet been allocated formally in the local plan and this was the only site which was proposed for show people.

Members stressed the need to take account of needs of family as a whole. They expressed concern that the family could become homeless if this application was not approved, as there was no alternative site. They noted that the local community and primary school had welcomed the family into the village and that the family now had a third child so they would still have a need for primary education.

As circumstances had not changed with regard to possible sites since the inspector made his decision, Members were of the opinion that this application, for a further three years, should be approved.

With regard to the request for additional landscaping around the site, officers advised that there was a need to ensure the site was adequately landscaped but without excluding residents from society, and that the openness of site was part of the character of the are and should be retained as much as possible. Members felt that whether there was a requirement or not for additional landscaping could be discussed when the local plan was agreed.

Resolved: That the application be REFERRED to the Secretary of State, and, provided that the application is not called in for his own determination, DELEGATED authority be given to the Assistant Director for Planning and Public Protection to APPROVE the application subject to the conditions listed in the report.

Reason:     Notwithstanding the  Green Belt  location of the site,   the applicants' need for a site and the lack of alternative sites constitute very special circumstances that  clearly outweigh  the harm to the Green Belt by reason of inappropriateness and any other harm .The granting  of planning permission for a further three years accords with national planning policy in the NPPF and Planning Policy for Traveller Sites.