Agenda item

Approved Subject to Conditions.

The Principal Planning Officer outlined the information contained in the Committee Updates:

·       Change to the recommendation to ensure the satisfactory resolution of ecology. 

 

And added a Verbal Update to advise that interim comments had been received from ecology.  They concurred with the officer’s views that the ecology report was sufficient and subject to conditions:

o  Preparation of a Landscape and Ecological Management Plan (LEMP)                                   

o  Development to be carried out in accordance with the preliminary ecology appraisal.

o  If the development did not commence prior to the 22November 2024 a revised a protected species and habitat report should be undertaken.

o  No development should take place until a construction management had been submitted and approved by the Local Authority.

o  No external lighting in the ecological mitigation and biodiversity enhancement areas.

The Principal Planning Officer advised that, whilst the preliminary view was that ecology report was sufficient, the badger report would need to be taken into account. Therefore the amended recommendation in the late representation, to include the satisfactory resolution of ecology, remained relevant.

·       Correction to the Committee report:

o  Clarification regarding the number of objections received which included petition.

o  Verbal Update: subsequent to the publication of late representations, 4 further objections had been received. Mainly highlighted issues with highways and the impact on the village.

·       Further Highways Officer’s comments.

·       Neighbouring Hannington Parish comments had been clearly identified. 

·       Woodford cum Membris Parish Council had provided comments and included in the late representations.

·       Woolgrave Parish Council had requested a condition to prevent a right turn out of the application site.  A requirement for an Occupational Management Traffic Plan would resolve that matter.

·       2 further objections received from a member of the public.

·       7 of the conditions included in the delegated report (3,4,6,10,12,17 and 19) made reference to policy SS2 of the South Northamptonshire Local Plan.  These references would be updated to the relevant policy in the Settlements and Countryside Local Plan (Part 2) For Daventry.

·       Proposed additional conditions:

o  Occupational Management Traffic Plan to include: tracking of the largest vehicles to be used at both the site entrance and the A43 Red House Lane cross roads junction; and a routing schedule for the Heavy Goods Vehicles (HGV’s).

o  Condition 26 removal of permitted development rights.

o  Condition 27 removal of temporary use of the land.

o  Ecology condition to be added

o  Wording of Condition 16 to be amended to allow the use of the site by Traveller and Show Persons.

o  Maximum storage height Condition of 5 metres.

 

The Principal Planning Officer outlined the information in the report and provided a presentation which included maps, plans, site layout and photographs from various viewpoints to provide contextual information.

 

An aerial view of the site occupied by the applicant in Woodford Halse was provided.  The residential development surrounding the area limited the opportunity to expand the existing site to accommodate 4 generations of family, size and numbers of vehicles and fairground equipment. The existing site no longer met the required health and safety standards and provided poor amenity. The village roads were no longer provided suitable access for the show vehicles. 

 

The outline of the existing Woodford Halse site was overlaid on to the layout plan of the application site to show the effect on the fields at Pastures Farm and the proposed layout of residential dwellings.

 

The Principal Planning Officer outlined the relevant policies for consideration:

·       The Development Plan and Policy H09.

·       The National Planning Policy Framework (NPPF) paragraph 62,

·       The NPPF which required local planning authorities to maintain a rolling 5 year supply for the specific delivery of Gypsy and Traveller sites and provide for growth.

·       Planning Policy for Traveller Sites (PPTS), that stipulated that local authorities should use a robust evidence base to establish accommodation needs to inform the preparation of local plans and in making planning decisions. 

·       Section 225 of the Housing Act 2004

·       Government policy which stated a lack of a 5 year supply would be a significant material consideration in any subsequent planning decision.

·       Gypsy Traveller Accommodation Needs Assessment, the (GTAA), a West Northamptonshire Councils Gypsy and Traveller needs assessment 2022

·       Planning Policy team had identified a need for travelling showpeople plots.  Evidence held by the Local Planning Authority (LPA) showed that the Woodford Halse site was no longer suitable and evidenced the families need for relocation.

·       To satisfy Policy HO9 all 6 sub criteria would have to be met:

o  With suitable Condition attached highway authority was content that safe access could be achieved.  Provided adequate storage of machinery, vehicle parking and turning on site.

o  The site was reasonably accessible to a range of services, public transport, primary care, shops and schools.

o  The site would provide an acceptable standard of amenity. Flood Risk Zone one, not identifiable air pollution.

o  On site amenity services, officers had recommended apply conditions – provision of details regarding recycling facilities and further drainage information.  The site had a water supply and power.

o  Access to infrastructure and local amenities were reasonably accessible.  The landscape officer had recommended proposed mitigation measures to reduce the visual impact of the site.

o  The landscape officer’s commented that suitable screening would be provided.  The highways network indicated there was adequate space for storage and maintenance of vehicles on site.

 

In response to members questions the Principal Planning Officer advised:

 

·       The petition received in objection to the applications were signed, however the Principal Planning Officer did not have a record of the address’ to confirm the location of the objectors. 

·       The Government website for Walgrave Primary School showed it had capacity of 210 pupils and they had 144 pupils. 

·       Biodiversity Net Gain report had not been received and quantification would be sought. A LEMP would be required prior to commencement of development to ensure the biodiversity net gain was maintained in perpetuity.

·       The fairground season would commence March/April and concludes early November and Christmas Fair commitments.  Site would be used for storage of fairground equipment which would be off site for the majority of the year.

·       The majority of the land to the east of main house, would be used as amenity.

·       And for testing of machinery.  Condition restricts the testing of the machinery to no more than 5 days of continuous testing, 30 days in total, to prevent its use all year. With the amenity space being used for recreational purposes.  The land would also have Sustainable Drainage Systems (SUDS).

·       There would be heavy machinery being manoeuvred on the grassed amenity land during the winter months.

·       The site would be occupied whilst the machinery is stored which would deter rural clime.  A condition had been applied to require details of fencing or security measures be submitted to the local planning authority prior to them being erected.

·       The landscape officer’s recommendations will be included in the LEMP and would be reviewed by the landscape officer, prior to it being signed off.

·       Condition 18 required, prior to occupation, a scheme showing the provisions to be made for external lighting, be submitted to, and approved in writing by the Local Planning Authority. And the ecologist had recommended that there be no lighting in the mitigation areas.

·       Land assessment had not been provided.

·       Condition 16 would be reworded to read: The site will not be occupied by any persons other than travelling show persons.

 

In response to members questions, the Development Management Engineer Highways advised:

·       That the Local Highways Authority supported the condition to restrict HGV travel to a right turn to exit the site.  Inclusion in the traffic management plan would ensure the condition was enforceable.

·       The access to the site had been tracked for a 16.5 metre vehicle, the traffic management plan would require the site access and the A43 junction be tracked for the larger vehicles.

 

Councillor Andy Laker addressed the Committee on behalf of Walgrave Parish Council, in objection to the application.  Objections included:

·       Change of Use land buildings and residential property

·       Large vehicles using rural roads

·       Storage of fairground equipment

·       Impact on the size of the site on the area, rural infrastructure and local facilities.

·       Danger of the highway access to A43 from Red House Lane

·       Impact on the neighbouring villages when the A43 closed and traffic routes through neighbouring villages.

·       School not on a bus route or cycle path. Increased danger of parked cars and congestion outside the school.

·       The application not supported by the Daventry Design Code – sustainable design techniques 3.2.

 

In response to members questions, the Objector declined to provide an insight into Walgrove Parish Council’s aspirations for the site.  And added the access to or through Walgrave was not suitable for large vehicles and there was no access for schools and the shop.

 

Councillor Nikki Savage addressed the Committee in objection to the application.  Objections included:

·       Scale of the site and the siting in open countryside and farmland.

·       Loss of pasture to hardstanding.

·       Significantly alter the character and form of the rural village with the proposal having a visual impact on the approach to the village.

·       Proposed screening would take 10 years to become mature.

·       Concern was raised that the Council’s lack of a policy for provision of land for Travelling Showmen had led to the Policy in place to prevent the development in open countryside outside the confines of the village being disregarded.

·       Concern was raised whether it would be feasible to meet and adhere to the number of conditions being applied to the application.

 

Councillor Daryl Basford, Hannington Parish Council addressed the Committee in objection to the application. Objections included:

 

·       Small agricultural village with 110 properties.

·       Limited Amenities

·       Policy H09 sub criteria 1,4 and 5 had not been met in full.  Traffic concerns, the swept path analysis carried out did not account for the length of the vehicles in operation by the applicant.  Safety concerns were raised regarding the suitability of both Red House Lane and the junction of the A43.  Current HGV traffic mounted the verges of Red House Lane and at the junction of the A43. Assessment of the junction of the main access route and A43 considered dangerous.  Highways design statement omitted mention 10 accidents (on public record), one fatality.  Safety of other road users.  The weight restriction on Red House Lane was not being enforced. Poor junction visibility.

·       Errors and misinformation in the application; no chemicals or hazardous substances stated, no residential unit increases included. 

 

In response to members questions the Councillor Daryl Basford added:

·       The proposed development was half the size of the village and would dominate the local area.

·       HGV’s, in excess of 7.5 tonne limit, were permitted access for loading and unloading only.

·       The size of the development site, in relation to the village was the primary issue with the ongoing highways issues being a secondary issue.

 

Councillor David Cribbin, Moulton Ward, addressed the Committee in objection to the application. Objections included:

·       Open Countryside and contrary to Policy RA06.

·       Policy H09 criteria not been met.

·       Over oppressive development.

·       Highways concerns – Junction of the A43 unsuitable for movement of showground vehicles. Record of accidents and recent fatality.  Impact of large vehicular movements on the highways infrastructure without mitigation measures to ensure safe movement on and off the development site.  Consider a reduction of the 60mph speed limit on Red House Lane.

 

Nick Baseley, the agent, addressed the Committee in support of the application and provided information regarding:

·       the reasons for relocation to the application site.

·       the process undertaken to engage with planning to work through the additional complexities of locating to land which required a mixed use of residential, storage and light industrial.

·       the compliance with planning policies.

·       the Council’s obligation to meet the accommodation needs.

·       Provision of Lower density development, sustainable drainage, landscape mitigation and biodiversity net gain

·       Glowing character reference from Chair of Woodford Halse Parish Council.

·       Suitability of highway network.

·       The frequency of movement of HGV vehicles and the avoidance of movement during peak hours.

 

In responses to members questions the agent added:

·       Additional movement of HGV vehicles both on and off the site may occur should events be cancelled, or vehicles require repair.

·       Movement timed to avoid peak traffic hours. 

·       Size of the site reflected the future requirements of the family; preserved the character of the site; provided significant woodland screening; enabled the separation of caravan plots, provision of grass and screening and an area for individual equipment; SUDS, wildflower meadow. Part of the amenity land would be used for testing the equipment and have a track ware system for soft ground.

·       The inclusion of the brownfield site was considered necessary for future provision within the development.

·       Broad leaf tree plant to take place in the first available season.  Landscaping would include native species of trees and would provide a bio-diversity net gain. 

·       The stable block would be used for storage and maintenance.

·       An attenuation basin would be excavated for a sustainable eco drainage system and planted with wildflowers.

·       During the show season, maintenance of vehicles and rides would be carried out in situ or at the nearest site, therefore would not increase the anticipated movement of HGV’s on and off the site.

·       Initially no one would be in residence on the site during the show season.

·       The applicant would have considered the accessibility and movement of vehicles on and off site and had not identified the A43 junction as a navigational issue. 

·       The applicant and agent attempted to engage with the Hannington Parish Council at a Parish meeting but did not communicate in writing.

·       The existing 5 bar gate would remain, if it were required it could be set back to reduce the risk of the largest vehicle obstructing traffic whilst accessing the site.

·       Should a second gate be required for security it would be set back. 

·       The 4 primary children were schooled through Work Home Packs, a Government based initiative provided through the primary school.  During the winter month they would choose to attend school.  But could continue to operate from the home school, work packs.

 

In response to questions raised The Development Manager clarified that Condition 4 made provision for the access to the development site to be set back by a minimum of 20 metres.

 

In response to questions raised The Principal Planning Officer advised that:

·       The application for the development of Pastures Farm differed to the refused planning applications referred to by Hannington Parish Council.  The application was a tilted balance application, the Government expected that significant weight be given to the failure to have a 5 year land supply for travelling show people.

·       It is a large site but with limited number of plots.  With landscape mitigation it would be barely perceptible, planting would give a rural façade and the main part of the site would be hidden by the screening.

 

During the course of the debate the Committee discussed:

·       Condition 21.  Restricting operating hours for testing of equipment to Monday-Friday, 9.00–16.00.

·       A need for relocation had been identified and demonstrated.

·       Landscaping and the visual impact mitigation.

·       Proposed A43 dualling affecting the travel route.

·       Period of occupation of the residential site.

·       Volume and periods of movement of vehicles.

·       Absence of a 5 year land supply policy for traveling show people and the weighting placed on the application.

·       Extent of the planning application site.

·       Concern expressed that electrical supply should not be visible.

 

In response to members discussion and requests for amendment to the recommendation, the Development Manager provided a summary:

 

The Assistant Director for Planning and Development be given delegated powers to grant permission of the development subject to conditions and the satisfactory resolution of ecology.  And to include the following additions and amendments; Condition 21 – include the hours of testing 9.00-16.00, Monday- Friday only; Condition 4 – gateway to be set back by 29 metres; Condition 17 – delete the wording gypsy and traveller and replace to read travelling show person; Condition to ensure the new electrical supply was grounded.

 

Councillor James proposed the application be approved, subject to the inclusion of the additions and amendments listed.  The proposition was seconded by Councillor Chantler and on being put to the meeting was declared carried unanimously.

 

Resolved: That permission be granted subject to the conditions in the report and subject to:

1.  Condition 21. The testing of testing of rides and machinery shall be restricted to 0900hrs to 1600hrs Monday to Friday with no testing permitted on Saturday or Sunday.

2.  Condition 4. Any gates across the site access must be set back by a minimum of 30 metres from the highway boundary to allow for the longest combination of the occupant showmen’s vehicle (in tow) to pull off the highway before the gates are opened.

3.  Condition 17.  The site shall not be occupied by any persons other than Travelling Showpeople as defined in Annex 1 of Planning policy for traveller sites (August 2015)

4.  Additional Condition. Unless agreed in writing by the Local Planning authority all permanent electricity supply to, within and from the site is to be subterranean, this includes all electrical supply placed on the site to and from the plots.

 

With the Assistant Director for Planning and Development be given delegated powers to grant permission of the development subject to conditions and the satisfactory resolution of ecology.