Item 14, Pages19 to 32                     Whiteacres, Marden Road, Staplehurst, TN12 0JG

 

Ref: 19/501105/FULL

 

Page 19 – corrected site location plan is attached.

 

As noted at paragraph 6.11, page 24 the definition of Gypsy and Travellers includes those who are of a nomadic habit of life who have ceased to travel temporarily because of their own, or their dependants’, health or education needs or old age.

 

As noted at paragraph 6.15 page 25 the second static mobile home is intended for the applicant’s daughter. The applicant’s daughter has a number of medical conditions and is therefore not able to take part in a travelling lifestyle for work.

 

Paragraph 6.16, page 25 advises that “…it is considered that the applicant and the intended occupants of the proposed caravans would fall within the current definition of Gypsy and Travellers”. It is clarified that as the applicant’s daughter is not able to travel for work due to circumstances that are permanent, the daughter does not fall within the Gypsy and Traveller definition.

 

Page 30 amend condition 3 as follows:

“The additional mobile homes hereby approved shall not be occupied by any persons other than gypsies and travellers as defined in Planning Policy for Traveller Sites, August 2015 (or any subsequent definition that supersedes that document)and the applicant’s daughter who is unable to travel for medical reasons ; Reason: The site is in an area where the stationing of caravans/mobile homes is not normally permitted and an exception has been made to provide accommodation solely for gypsies/travellers who satisfy the requirements for Gypsy and Traveller Caravan Sites”.

 

Page 30 amend condition 4 as follows:

“No more than six caravans (three statics and three tourers), as defined by the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968, shall be stationed on the site at any one time, of which no more than three shall be static caravans or mobile homes, and no further caravans shall be placed at any time anywhere within the site. The three static caravans or mobile homes shall be stationed on the site only in the positions shown on the plan hereby approved and maintained as such thereafter; Reason: To safeguard the visual amenity, character and appearance of the open countryside location.

 

Certificate of Ownership

The original red line application site boundary was amended to use the existing vehicle access, however the submitted Certificate of Ownership was not amended at the same time to reflect the fact that the site now includes land which the applicant’s brother has an interest. The change to the site boundary has already been the subject of further public consultation.

 

On receipt of the amended Certificate of Ownership and confirmation of the notification to the applicant’s brother, the Council are required to make the application invalid for a period of 21 days. In these circumstances the officer recommendation has been changed as set out below:

Recommendation

 

GRANT planning permission subject to the conditions in the report (as amended above) and no new substantive issues being raised as a result of the certificate of ownership notification.