During deliberation, Councillor Ganly moved the motion to refuse granting (Full Planning) citing that the development would cause harm to the landscape of the High Weald Area of Outstanding Natural Beauty.  This was seconded by Councillor Byrne.  The motion was declared LOST (5 for / 7 against / 1 abstention).

Councillor J. Barnes moved the motion to approve granting (Full Planning) for a temporary period of two years.  This was seconded by Councillor Mrs Barnes.  This motion was declared LOST (4 for / 8 against / 1 abstention).

Councillor Coleman moved the motion to approve granting (Full Planning) as per the officer’s recommendation, as detailed within the report with two additional conditions, regarding restrictions on the size of the caravans and Condition 8 to be reworded; delegated to officers to provide the appropriate wording.  This was seconded by Councillor Drayson.  This motion was declared CARRIED (10 for / 3 against).

DECISION: GRANT (FULL PLANNING)

SUBJECT TO CONDITIONS:

1.        The use hereby permitted shall be discontinued, and the caravans removed from the site on or before 22 June 2026.

Reason: The residential use of the site is not considered suitable on a permanent basis in this location due to the harm it causes to the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty but is permitted on a temporary basis due to current lack of local provision of Gypsy and Traveller sites. There is also no alternative accommodation for the occupiers to move to and the personal circumstances of the occupiers mean it is in their best interests to remain on the site at the current time. A temporary permission will time limit the harm to the landscape and natural beauty of the High Weald Area of Outstanding Natural Beauty in accordance with Policies EN1(i) and LHN6 of the Rother Local Plan Core Strategy.

2.        The development hereby permitted shall be carried out in accordance with the following approved plans and details:

Location Plan (2022-1321v1-Location dated 4 October 2022)

Block Plan (2022-1321v1-ExistBlock dated 4 October 2022)

Block Plan (2022-1321v1-PropBlock dated 4 October 2022)

Reason: For the avoidance of doubt and in the interests of proper planning

3.        Within two months of the date of the decision, the site shall be laid out in accordance with the approved block plan (2022-1321v1-PropBlock dated 4 October 2022)

Reason: To protect the ancient woodland adjacent to the site, including any protected species that may be present, from increased disturbance, lighting from the caravans and compaction of the ground where the touring caravans would be stored in accordance with Policies EN1 (vi) and EN5 (viii) (ix) of the Rother Local Plan Core Strategy, Policy DEN4 (ii) of the Development and Site Allocations Local Plan, paragraph 180 of the National Planning Policy Framework, together with standing advice produced by the Forestry Commission and Natural England relating to ancient woodlands.

4.        Within two months of the date of the decision, a soft landscaping scheme for the site shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of species, planting method and a plan showing the position of the planting. The scheme shall be planted in the next planting season following written approval by the Local Planning Authority. If within a period of five years from the date of planting any tree or plant is removed, uprooted, destroyed or defective, another tree or plant of the same species and size as originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

Reason: To enhance the setting of the development in the interests of conserving the natural beauty of the High Weald Area of Outstanding Natural Beauty in accordance with Policies EN1(i) and LHN6 of the Rother Local Plan Core Strategy.

5.        Within two months of the date of the decision, a scheme for the provision of foul and surface water drainage works shall be submitted to and approved in writing by the Local Planning Authority. Within two months of the written approval of the Local Planning Authority, the foul and surface drainage works shall be provided and thereafter maintained in accordance with the approved details.

Reason: To ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policies OSS4 (iii) and EN7 of the Rother Local Plan Core Strategy.

6.        Within two months of the date of the decision, visibility splays measuring 2.4m by 95m to the northwest and 2.4m x 155m to the southeast shall be provided. The visibility splays shall thereafter be maintained and kept free of all obstructions over a height of 600mm.

Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway in accordance with Policy CO6 (ii) of the Rother Local Plan Core Strategy.

7.        Within six months of the date of the decision, the access shall be reconstructed in accordance with the attached HT407 diagram.

Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway in accordance with Policy CO6 (ii) of the Rother Local Plan Core Strategy.

8.        The occupation of the site shall be restricted to only Ms Sherri McCallister and Ms Susan Smith and their dependants on the basis of them being Gypsies and Travellers, defined as persons of nomadic habit of life whatever their race or origin, including such persons who on grounds only of their own or their family’s or dependants’ educational or health needs or old age have ceased to travel temporarily or permanently, but excluding members of an organised group of travelling showpeople or circus people travelling together as such. When the land ceases to be occupied by those named above, the use hereby permitted shall cease and all caravans, structures, materials and equipment brought on to or erected on the land, and/or works undertaken to it in connection with the use, shall be removed and the land shall be restored in accordance with a scheme and timetable that has first been submitted to and approved in writing by the Local Planning Authority.

Reason: The proposed development is only acceptable on a temporary 3-year basis due to the personal circumstances of the occupiers and their way of life, which mean that they meet the definition of a “gypsy or traveller”.

9.        There shall be no more than two pitches within the site. On each of the two pitches hereby approved no more than two caravans shall be stationed at any one time, of which no more than one shall be a mobile home or a static caravan as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968.

Reason: To conserve the natural beauty of the High Weald Area of Outstanding Natural Beauty in accordance with Policies EN1(i) and LHN6 of the Rother Local Plan Core Strategy.

10.      No vehicles over 3.5 tonnes shall be stationed, stored or parked on the site and no commercial activities, including burning, shall take place on the land, including the storage of materials, plant or waste.

Reason: To preserve the amenities of the locality, in accordance with Policy OSS4(ii) of the Rother Local Plan Core Strategy.

11.     Any static caravans present on the site shall not exceed the dimensions annotated on the approved block plan, reference 2022-1321v1-PropBlock dated 4 October 2022.

Reason: To limit the temporary harm to the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty in accordance with Policies EN1(i) and LHN6 of the Rother Local Plan Core Strategy.

NATIONAL PLANNING POLICY FRAMEWORK: In accordance with the requirements of the National Planning Policy Framework (paragraph 38) and with the Town and Country Planning (Development Management Procedure) (England) Order 2015, the Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.