| Conditions or Reasons: | 1
)The use hereby permitted shall be for a limited period being the period of 3 years from the date of this decision. At the end of this period the use hereby permitted shall cease, all caravans, materials, utility room, vehicles and equipment brought on to the land in connection with the use shall be removed, and the access onto Longmoor Road shall be permanently stopped up, and the land restored in accordance with a scheme previously submitted to and approved in writing by the local planning authority.
Reason A temporary permission has been granted under the transitional provisions of Circular 1/2006, Planning for Gypsy and Traveller Caravan Sites, and to ensure that the site is properly restored to its former condition at the expiry of the permission. |
2
)The site shall not be occupied by any persons other than gypsies and travellers as defined in paragraph 15 of ODPM Circular 01/2006.
Reason The site lies in a locality where permission would not normally be granted for residential development. |
3
)The occupation of the site hereby permitted shall be carried on only by the following and their resident dependants:
Amy Shea, Daniel Shea (Snr), Daniel Shea (Jnr), Charlotte Murray
Reason The application was granted due to the specific circumstances of the applicant and his family. |
4
)No more than one commercial vehicle shall be kept on the site hereby permitted for use by the occupiers of the mobile homes/caravans hereby permitted, and the vehicle shall not exceed 3.5 tonnes in weight.
Reason In the interest of the amenity of the area. |
5
)No commercial activities shall take place on the land, including the storage of materials, construction waste/soils and commercial vehicles other than the one such vehicle permitted under condition 4 above without the prior written consent of the local planning authority.
Reason In the interest of the amenity of the area. |
6
)The residential use hereby permitted shall be restricted to the stationing of no more than four caravans, as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968, at any time, of which no more than two shall be a static caravan or mobile home used for residential purposes on the site hereby permitted. The caravans and mobile homes when on the land shall be located in the positions shown on the block plan dated 3/9/09.
Reason To control the level of residential use on the land, and in the interests of amenity. |
7
)Within 2 months of the grant of permission a detailed landscape and planting scheme for the site, which includes the removal of the Leylandii planting from the land shall be submitted in writing to the Planning Authority for approval. The works shall be carried out in accordance with the approved details and in accordance with the recommendations of the appropriate British Standards or other recognised codes of good practice. The approved landscaping and planting scheme, shall be carried out in the first planting season following the approval of the scheme.
Any trees or plants which, within a period of 3 years after planting, are removed, die or become seriously damaged or defective, shall be replaced as soon as is reasonably practicable with others of species, size and number as originally approved unless otherwise first agreed in writing by the Planning Authority.
Reason - In the interests of the visual amenities of the locality. |
8
)Within 6 months of the grant of permission a biodiversity enhancement scheme shall be submitted in writing to the Planning Authority, which shall include a fenced off area to the south of the site (furthest from the caravans) and a reptile hibernacula/logpile with association/basking opportunities, linked to the existing adjacent woodland edge habitat, as per published guidelines. The works shall be carried out in accordance with the approved details and in accordance with published guidelines or other recognised codes of good practice. The approved works shall be carried out within 2 months of the approval of details and thereafter retained and maintained
Reason To ensure that adequate measures are undertaken to mitigate the development. |
9
)Within 2 months of the grant of planning permission provision for the loading, unloading and the parking of vehicles shall have been made within the site in accordance with the approved details and shall be retained thereafter.
Reason - In the interests of highway safety. |
10
)Within 2 months of the grant of planning permission plans and particulars showing details that enable vehicles to enter and leave in a forward gear shall be submitted in writing for approval to the Planning Authority. Within 2 months of the approval of the details the development shall be carried out in accordance with the approved details and shall be retained thereafter.
Reason - In the interests of highway safety. |
11
)The existing access from the site to Wolfmere Lane shall not be used for vehicular traffic for the duration of the temporary planning permission.
Reason - In the interests of amenity of the area. |
12
)Within 2 months of the grant of planning permission the following details shall be submitted in writing to the Planning Authority:-
(a) a scheme outlining a site investigation and risk assessments designed to assess the nature and extent of any contamination on the site.
(b) a written report of the findings which includes a description of the extent,scale and nature of contamination, an assessment of all potential risks to known receptors, an update of the conceptual site model (devised in the desktop study), identification of all pollutant linkages and unless otherwise agreed in writing by the Planning Authority and identified as unnecessary in the written report, an appraisal of remediation options and proposal of the preferred option(s) identified as appropriate for the type of contamination found on site.
and (unless otherwise first agreed in writing by the Planning Authority)
(c) a detailed remediation scheme designed to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment. The scheme should include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works, site management procedures and a verification plan outlining details of the data to be collected in order to demonstrate the completion of the remediation works and any arrangements for the continued monitoring of identified pollutant linkages.
The above site works and details submitted shall be in accordance with the approved scheme and undertaken by a competent person in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.
Reason - To ensure that risks from land contamination to the users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy P7 of the East Hampshire District Local Plan: Second Review. |
13
)Within 6 months of the grant of planning permission (unless otherwise first agreed in writing by the Planning Authority) a verification report demonstrating the effectiveness of the remediation works carried out and a completion certificate confirming that the approved remediation scheme has been implemented in full shall both have been submitted to and approved in writing by the Planning Authority.
The verification report and completion certificate shall be submitted in accordance with the approved scheme and undertaken by a competent person in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.
Reason - To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy P7 of the East Hampshire District Local Plan: Second Review. |
14
)The residential use of the land shall stop immediately in the event that contamination not previously identified is found to be present on the development site and details of the contamination shall be reported immediately in writing to the Planning Authority.
The residential use shall not re-commence on site until the following details have been submitted to and approved in writing by the Planning Authority:-
(a) a scheme outlining a site investigation and risk assessments designed to assess the nature and extent of any contamination on the site.
(b) a written report of the findings which includes, a description of the extent, scale and nature of contamination, an assessment of all potential risks to known receptors, an update of the conceptual site model (devised in the desktop study), identification of all pollutant linkages and unless otherwise agreed in writing by the Planning Authority and identified as unnecessary in the written report, an appraisal of remediation options and proposal of the preferred option(s) identified as appropriate for the type of contamination found on site and (unless otherwise first agreed in writing by the Planning Authority)
(c) a detailed remediation scheme designed to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment. The scheme should include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works, site management procedures and a verification plan outlining details of the data to be collected in order to demonstrate the completion of the remediation works and any arrangements for the continued monitoring of identified pollutant linkages;
and before any part of the development is re-occupied or used (unless otherwise first agreed in writing by the Planning Authority) a verification report demonstrating the effectiveness of the remediation works carried out and a completion certificate confirming that the approved remediation scheme has been implemented in full shall both have been submitted to and approved in writing by the Planning Authority.
The above site works, details and certification submitted shall be in accordance with the approved scheme and undertaken by a competent person in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.
Reason - To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy P7 of the East Hampshire District Local Plan: Second Review. |
15
)Within 2 months of the grant of planning permission, samples/details including manufacturers details of all the materials to be used for external facing and roofing of the utility block shall be submitted to the Planning Authority. The development works shall be carried out in accordance with the approved details.
Reason - To ensure that the materials used in the construction of the approved development harmonise with the surroundings. |
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| Informative Notes: | 1
)The Council has granted permission because:
The proposal is in general conformity with the advice in Circular 1/2006, and policies in the development plan. There is a small unmet need in the District for gypsy/traveller sites, and there are no alternative sites in the area that the occupiers could move to. Therefore a temporary 3 year conditional planning permission is recommended, under the transitional provisions of Circular 1/2006.
It is therefore considered that subject to compliance with the attached conditions and taking into account all other material planning considerations, including the provisions of the development plan, the proposal would be acceptable. This also includes a consideration of whether the decision to grant permission is compatible with the Human Rights Act 1998. |
2
)1. Environmental Health recommends that developers follow the risk management
framework provided in CLR 11 Model procedures for the Management of Land
Contamination when dealing with land affected by contamination and Planning Policy
Statement 23 Planning and Pollution Control.
2. "Development on Potentially Contaminated Land" leaflet is available on East Hampshire
District Council website under http://www.easthants.gov.uk/ehdc/formsfordownload.nsf/a102035b400206d780256c2a0034
783b/7685aaac1f5cda6e8025753e005b5314?OpenDocument,
or can be obtained from Environmental Services |
| 3
)The Rights of Way Officer at Hampshire County Council has advised that a member of the public has registered a claim to have an unrecorded path running through the application site added to the Definitive Map as a public footpath. If the applicant has any queries over this claim they should contact the Rights of Way Officer at Hampshire County Council on 01962 846040. |
| 4
)For the applicant's information the Planning Authority considers the term 'resident dependants' at Condtition 3, only covers the children, parents and grandparents of the named family in the condition, and such members of the family must be financially or emotionally depend on the named family for support. |
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