Agenda item

This is a retrospective application for the change of use of land to a private gypsy site for a single gypsy family and the retention of a concrete hardstanding for a residential caravan. [Osbaldwick] [Site Visit]

Members considered a retrospective application for the change of use of land to a private gypsy site for a single gypsy family and the retention of a concrete hardstanding for a residential caravan.

Officers updated that there had been two further letters of objection to the application received from York Auction Centre and from Murton Park.  Both representations stated that they wished for the committee to defer or refuse the application for several reasons such as; a lack of consultation with local residents and businesses, issues of crime in the area, a lack of enforcement of planning breaches and the officer’s report not being sufficiently thorough.

Officers advised Members that they were satisfied that sufficient consultation in the local area had been carried out.  They also added that the crime figures were inconclusive as the figures covered the Osbaldwick ward as a whole and therefore could not be specifically related to the site. Officers stated that there had been six enforcement investigations on the site, and all but one, which was currently being investigated, had been addressed. Officers responded to the criticism that the report was not sufficiently thorough, pointing out that there was an identified need for gypsy accommodation in York and that stating that in their opinion the application site fulfilled the Council’s own criteria for identifying appropriate sites for gypsy accommodation.  The officers added that the applicant was willing to accept a condition to the effect that only his immediate family could reside at the site.

The Chair expressed his disappointment at the choice of words used with reference to officers in the letter from York Auction Centre. He stated that he believed that officers had taken a professional approach in relation to their consideration of the application.

Some Members queried whether further families could apply in the future  for personal permission to use the site. Officers advised that this could happen but advised Members to determine the application on the basis of what had been submitted, i.e. as a permanent site for one family. 

Representations in opposition were heard from a member of the Murton Village Design Statement Committee. He stated that his reasons for opposing the application were; that the site only appears urban in character due to a lack of enforcement of planning breaches, that the land may be contaminated as evidenced by cattle dying on the adjacent land and that the only reason given by officers for supporting the application was the lack of available gypsy sites in York.

Further representations in opposition were heard from a member of Murton Parish Council.  Members were advised that they supported other objections made in relation to the proposal and also pointed out that the applicants ran a business on the site and that the Parish Council had received a letter from the Head of Development Control which stated that “mixed uses are not allowed” on the application site.

Representations in support of the proposal were heard from the agent for the applicant. He stated that the application would provide a small and positive contribution to solving the shortfall of 36 pitches for gypsies in the York area, as identified in the North Yorkshire Gypsy and Traveller Accommodation Assessment (GTAA).  He also stated that the development would cause little actual harm to the Green Belt. He added that he appreciated that the Council would still have some control over the site even if planning permission were granted and that the applicant was willing to accept a personal planning permission.

Councillor Morley spoke as the Ward Member and stated that there were two issues for the Committee to consider in relation to the application. Firstly whether the proposal was detrimental to the Green Belt and secondly,  if there were special circumstances to allow planning permission within the Green Belt.  He commented that, in his view, the officer’s report would encourage further similar applications.  He also stated that the neighbour on the south side of the site was happy with granting permission for one family only to use the land, but he believed that this could not be guaranteed with a personal condition relating to the land only being used by the applicant’s immediate family. He urged the committee not to approve the application for these reasons.

Officers gave more information to the Committee on the GTAA and stated that it was being used on a daily basis as part of the evidence for the Local Development Framework (LDF). In response to a claim that the applicant’s land may be contaminated, it was confirmed that the land is not contaminated and the cattle poisoning had been an isolated incident.

Some Members said that they did not believe that granting planning permission to one family would harm the Green Belt. Other Members stated that they thought the proposal was inappropriate for a change of use application due to the caravan being used as a dwelling, and therefore a permanent residence. They stated that adding a condition to secure the ownership and occupation of the site would not constitute special circumstances to grant planning permission in the Green Belt.

RESOLVED:             That the application be refused.¹

REASON:                  The proposed development conflicts with local and national green belt planning policy which states that there is a presumption against inappropriate development unless there are very special, defined, circumstances. The local planning authority does not consider that there are substantial or compelling reasons to justify setting aside green belt policy in this case. The proposals therefore conflict with national advice in Planning Policy Guidance Note 2 (Green Belts) and ODPM Circular 01/2006 (Planning for Gypsy and Traveller Caravan Sites) and in policies GB1 (Development in the Green Belt) and H16 (Residential sites for gypsies/travellers) of the City of York Local Deposit Draft.