Agenda item

Variation of condition 9 of permitted application 10/02082/FUL to replace existing showman's caravan with twin unit mobile home [Wheldrake Ward] [Site Visit].

Consideration was given to a full application by Mr and Mrs J Peel for the variation of condition 9 of permitted application 10/02082/FUL to replace an existing showman’s caravan with a twin unit mobile home.

It was reported that there was no update to the committee report.

Mr Martin Moorhouse spoke in objection to the application as a local resident. He questioned whether the application was appropriate. He accepted that the family’s circumstances had changed but felt it was wrong to base a planning decision on a family issue and that the application was another example of creeping development. As a final point he queried whether the Council had done anything towards trying to find the family alternative accommodation.

Mrs Janet Montgomery spoke as the applicant’s agent. She advised that she had acted for Mr & Mrs Peel since they obtained the land and she was satisfied that they had carried out all work so far in line with the approved scheme. She reminded Members that in the absence of an adopted Local Plan the application falls under the framework for travelling families. The very special circumstances are the best interests of the children to allow development in the Green Belt and the importance of providing a 3 bed roomed mobile home for the family.

Mr Mulhern spoke in support of the application on behalf of the Showman’s Guild. He advised that the family had not caused the Guild any problems. The family had respected planning laws. He referred to the Guild’s strict code of conduct which gave assurances showmen will abide by laws.

Mrs Peel spoke as the applicant. She advised that her family had not caused any problems within the community or ever received any planning enforcement notices. The site is between 2 industrial estates. The proposed home would not exceed 60ft but would allow flexibility in that it is a mobile home and can be moved. In reference to a petition against the application, she felt that it did not represent the views of the whole village, just a small proportion of people.

Julia Garnham spoke in support of the application as a local resident and neighbour. She advised that the current home is too small for the family and there is no space for the children to do activities such as homework. The current unit is old and in disrepair and rainwater is causing damp which is affecting the health of the children. Complaints that the site isn’t kept tidy are untrue.

In response to questions from Members, Officers confirmed that it is the type of mobile home which has caused the applicant to need to re-apply.

Members were happy to approve the application in view of the special circumstances outlined in the report.

Resolved:           That the application be approved subject to the conditions outlined in the committee report.

Reason:              Because of the partially open character of the site the larger size of the mobile home relative to the existing would result in some limited harm to the openness of the Green Belt and encroachment into the countryside, but is not considered to conflict with other green belt purposes set out at paragraph 80 of the NPPF. A replacement caravan is essential in order to provide a separate bedroom for the boy and more living space for growing children and for the family as a whole.The  considerations put forward by the applicant for the proposed mobile home, together with mitigation through a planning condition of possible limited impact on flood risk and drainage, clearly outweigh the potential harm to the Green Belt by reason of inappropriateness and any other harm, and thereby amount to very special circumstances to allow the inappropriate development in the York Green Belt.