Agenda item

A General Regulations application for an extension to existing travellers site to accommodate 6 additional pitches with associated amenity buildings, amenity space with 2 metre high fence surround, grazing areas and shelters for horses. Provision of additional land to the south of existing site to allow for expansion of existing pitches and space for future portakabin site office. [Osbaldwick Ward] [Site Visit].

Consideration was given to a general regulations application (Reg3), submitted by Ms Kate Grandfield, for an extension to the existing travellers site to accommodate 6 No. additional pitches with associated amenity buildings, amenity space with a 2 metre high fence surround, grazing areas and shelters for horses. In addition the provision of additional land to the south of the existing site to allow for expansion of the existing pitches and space for a future portakabin site office.

Officers provided an update to confirm that the applicant had submitted a drainage layout which included the means of attenuation. The list of plans for approval had been updated to include this addition.

Members went on to question a number of points raised at the earlier site meeting including:

·        Details of the fence line and type on the strip of land between pitches 1 to 4. Details to be confirmed.

·        Information re the shortfall in pitches.

·        Details of modifications to the existing amenity building.  

·        Reference to Outgang Lane as a Public Right of Way (PROW), requested assessment of reduction in usage following blockage.

David Shaw, a local farmer, raised objections to the proposed expansion of the site, particularly as the present site appeared to have had little management until recently. Reference was made to holes in the existing fences which allowed travellers horses to graze on his land, damaging crops and hedges and often straying on to nearby roads. He asked Members to support the replacement of the fence with a high wall to overcome existing problems.

Denise Rothwell, made representations on behalf of Murton Parish Council to the expansion of the site, referring to anti social behaviour, trespass and damage to crops by site residents, many of which went unreported. A request was made for better site management and site improvements prior to the granting of planning permission. 

Peter Broadley, spoke on behalf of Holtby Parish Council, raising objections to the application and confirming his support for earlier speakers comments. Although a small village comprising 50 dwellings and 10 farms Holtby residents also suffered criminal damage to land and property. It was felt that an expansion of the site would exacerbate current problems. A request was made for a protocol or policies to deal with traveller’s horses.

Cllr Warters, made reference to earlier speaker’s comments and the recent site visit pointing out that, the current problems relating to the site had arisen as a result of negligible management on site. Particular reference was made to overcrowding, previous conditions imposed which had required the provision of a site office and warden, to intimidation of users of the adjacent PROW and he circulated photographs of site conditions prior to a recent clean up. Figures provided in the Local Plan for future pitch requirements were questioned and suggested for independent examination. He requested Members to refuse the application in view of these issues.

In answer to a number of questions, Kate Grandfield, the applicant, and the Planning Officers made the following points:

·        Existing pitches were overcrowded as they needed to accommodate, extended families including elderly relatives and families with children.

·        A current waiting list of approximately 24 people were seeking a York traveller’s site pitch.

·        An overall site review would be undertaken to ensure a robust management structure to assist the wider community.

·        The recently agreed protocol for the management of horses was now out to tender. This included a horse bailiff who would have the authority to remove horses from private land.

·        The protocol also required the provision of grazing land around the city for traveller’s horses, for which a charge would be made. A traveller who had been banned from keeping horses would not be given permission to graze a horse on CYC land.

·        Confirmation that, if permission were granted for the additional pitches, this would allow for better management of the site.

·        The future site office was required to make space available to deal with the complex needs of residents in an informal, confidential environment.

·        Reference to animal welfare issues on the existing site were confirmed as not relevant planning issues.

·        Request for confirmation that any unauthorised structures would be removed and existing fencing secured. Confirmed that a review would be undertaken of all the existing pitches and discussions undertaken regarding the removal of any unauthorised structures, provision of stock proof/robust fencing which would be repaired if damaged. It was confirmed that the Fire Officer had also undertaken an examination of the site and provided advice to residents.

·        Location of future site office shown as part of the application however further details of any permanent structure would be required by the local planning authority.

Councillor Simpson-Laing, spoke in her capacity as Cabinet Member for Health, Housing and Adult Social Services referring to a number of points raised, earlier in the meeting, which were not, in her opinion, planning matters and should not therefore be taken into consideration. She referred to the visible on site need for the expansion as travellers families were living longer but had poorer health outcomes. On balance, she felt that the case had been made for very special circumstances which outweighed harm to the green belt as outlined by Officers.

The legal representative then set out details of what would not be considered lawful planning considerations, material to this application. These included current management of activity at the site and animal welfare and Members were reminded to consider the application on its merits, having considered all the planning issues and whether special circumstances had been proven to allow development in the green belt.

Following further lengthy discussion upon the application and potential concerns relating to the management of the site, Cllr King  moved and Cllr Crisp seconded, in an attempt to alleviate those concerns,  a motion to approve the officer recommendation in support of the application, subject to the addition of an informative to request that any future request for a portakabin/site office be referred back to the Committee for approval.

Cllr Galvin then moved and Cllr Firth seconded an amendment requesting deferral of the application for the provision of further clarification and justification for the proposals including details of the site management plan. On being put to the vote the amendment was LOSTon the Chair’s casting vote.

The original motion to approve, subject to an informative, was then put to the vote and LOST.

Cllr Ayre then moved and Cllr Reid seconded a motion to refuse the application. On being put to the vote this was LOST.

After considerable further discussion in relation to an updated site management plan, site office requirements and the reasonableness of any condition imposed, the Chair then moved and Cllr King seconded approval of the application with further detailed conditions relating to the provision of an updated site management plan incorporating facilities for a site office, prior to occupation or as soon as practicable thereafter, to address the remaining site concerns.

Cllr D’Agorne then moved and Cllr Reid seconded an amendment to the above motion to remove the words ‘as soon as practicable thereafter’. . On being put to the vote the amendment was LOST.

The motion to approve, in the names of Councillors Horton and King above was then put to the vote and it was

Resolved:           That the application be approved subject to the imposition of the conditions listed in the Officers report, the provision of an updated site management plan, incorporating facilities for a site office, prior to occupation of the extension or as soon as practicable thereafter. 

Reason:              In officers’ view the shortfall in the number of currently available pitches, the requirement to identify suitable sites and the difficulty in finding suitable sites within the settlement limit constitute very special circumstances that outweigh harm to the green belt. Extending the site as proposed accords with national and local planning policy and is considered acceptable.