Hale Carr Caravan Park, Hale Carr Lane, Heysham PDF 66 KB

Agenda Item
A7
Application Site
Committee Date
7.6.2010
Application Number
Proposal
10/00192/RCN
Hale Carr Caravan Park
Hale Carr Lane
Heysham
Removal of conditions on applications 2/2/3536,
84/1172 and 97/1194 which limit the occupancy to
gypsies or travellers only and which will allow for
unrestricted occupancy and siting of static caravans
Morecambe
Name of Applicant
Mr N. Staples
Decision Target Date
Name of Agent
Building Plan Services
Reason For Delay
11 May 2010
Case Officer
Mr Andrew Holden
Departure
No
Summary of Recommendation
Refusal
1.0 The Site and its Surroundings
1.1 The application site is located at the southern end of Hale Carr Lane, Heysham immediately to the
south of Crofters Fold residential housing. The site bounded by Hale Carr Lane to the west,
Morecambe to Heysham rail line to the east with residential housing to the north and south. The site
currently has approximately 23 residential caravans located within the plot with consent for a total of
40 pitches.
2.0 The Proposal
2.1 The application is seeking to remove historical planning conditions attached to the site which limit
occupancy to gypsies and travellers only to allow unrestricted permanent residential occupation.
3.0 Site History
3.1
3.2
The site has a limited site history all relating to its development and use caravan site for the housing
of gypsies and travellers.
At its meeting on 30 June 2007, Committee considered a report on two sites - this site and one at
Oxcliffe New Farm also in Heysham which is in different ownership - where the issue of sales of
gypsy plots had arisen. The report identified a series of approaches to the problem, as follows:
1. Take no action: this would leave the current issues unresolved;
2. Invite applications to regularise the position: this would be contrary to current housing and
planning policies, and result in a shortfall in the required provision of gypsy sites within the district;
3. Take enforcement action to remove unauthorised occupants from the site; this would probably
place the council under an obligation to re-house the occupants;

4. Under enforce, to enable current occupants to remain on the site, but enforce the terms of the
occupancy condition for future occupants: this would provide some security for the present
occupants, but at the same time make it clear that continued breaches of the occupancy conditions
would be unacceptable.
3.4
3.5
Members resolved to pursue option 4. This means that no action is being taken against people
already living on the sites affected, but that the Council will require any future sales or leases of the
plots to be to bona-fide gypsies and travellers. The intention was that over time the two sites will
revert to being available for use by gypsies and travellers.
This site now has 7 units occupied in breach of the occupancy condition. The current application
has been submitted by a caravan owner/occupier rather than the site owner. This application has
been submitted following a recent determination by the Planning Committee to approve a similar
proposal to remove occupancy conditions at Oxcliffe New Farm in January 2009 under application
numbers 08/01287/RCN and 08/01303/RCN.
Application Number Proposal Decision
2/2/3536 Change of use for 6 caravan pitches for Gypsies and
travellers
1/84/1172 Change of use of derelict land to private gypsy site with 14
pitches and ablution blocks
97/01194/CU Change off use of land to provide 20 additional pitches for
gypsies and travellers
4.0 Consultation Responses
4.1 The following responses have been received from statutory consultees:
Approved on appeal in
1985
Approved 1997
Statutory Consultee
Strategic Housing
Officer
Environmental
Health
Parish Council
Response
Concerns over the potential loss of designated residential Gypsy/traveller pitches.
Policy L6 of the draft North West Plan Partial Review sets out requirements for Gypsy
and traveller accommodation across the Region for 2007 to 2016. Lancaster District
must provide an additional minimum of 40 permanent pitches and 5 transit pitches by
2016. This should also account for any net loss in provision since 2007.
The council is unlikely to achieve the minimum targets during the first five year
planning period (up to 2012) because of existing net loss in private pitches as a result
of previous planning consents for removal of conditions. The Council should consider
refusal of the application to remove occupancy conditions to ensure projected targets
are met.
Unable to raise a formal objection as EHO has to grant a site licence subject to
planning consent. However, concern is raised over the loss of provision and the need
for the council to provide additional pitches by 2016 in line with Government forecasts.
Presently the district is under provided for such pitches.
No comments to date – any comments will be reported directly to committee.
5.0 Neighbour Representations
5.1 Any other representations received will be reported orally at Committee.
6.0 Principal Development Plan Policies
6.1
6.2
The development needs to be considered in respect to : -
Regional Spatial Strategy – North West Plan Partial Review July 2009 states that: - A key
Government objective is providing decent homes for all, including the Gypsy and Traveller

communities. This means ensuring that sufficient and suitable provision is made to meet the needs
of these communities.
6.3
6.4
6.5
6.6
6.7
6.8
The draft submitted North West Plan Partial Review was published in September 2008 and contains
new policies including one for Gypsy and Travellers accommodation provision (Policy L6). The
intention is for these policies to be included in the Regional Spatial Strategy (RSS). In summary this
sets out an overall requirement for at least 825 net additional residential pitches the region over the
period 2007 to 2016:
Table 7.2 Scale and Distribution of Gypsy and Traveller Pitch Provision of the Review indicates that
in order to achieve this net increase in pitches over the region, Lancaster District must provide an
additional 40 permanent and 5 transit pitches for Gypsies and Travellers raising authorised provision
of permanent residential pitches from 142 to 182. Crucially, these are minimum targets, should be
met by 2016, and should account for any net loss in provision.
The Lancaster District Core Strategy provides indicative criteria for the location of Gypsy and
Travellers. In addition it clarifies that such needs have been investigated by the Lancashire Sub
regional Gypsy and Traveller Accommodation and Related Service assessment (2007). The
assessment showed that existing provision in 2007 was broadly meeting local needs. It also
identified a need for around 16 additional pitches by 2011 and a further 7-8 by 2016.
Policy SC4 seeks to ensure that housing needs are met through housing Allocation and the planning
process in a way which builds sustainable communities. Gypsy and Travellers provision is
considered to be part of the housing provision.
"Saved" policies in the Lancaster District Local Plan are particularly relevant to the proposal: Policy
H15, which states that the Council will refuse consent for proposals which would result in the loss of
existing gypsy sites unless it can be shown that they are no longer needed, or that alternative
provision can be made of a comparable standard elsewhere.
Policy H16 provides guidance on the establishment of or extension of gypsy sites. The policy seeks
to ensure that additional pitches are only provided to meet genuine need and provides guidance on
the location of such sites. The preferred location being in or adjacent to existing settlements and
within reasonable distance of local services and schools. The site should also provide acceptable
living environment and not cause significant harm to neighbouring amenity.
7.0 Comment and Analysis
7.1
7.2
7.3
7.4
7.5
The purpose of an occupation restriction of this kind is not to segregate gypsies from the community
as a whole. It is to ensure an adequate stock of gypsy sites within the District. Gypsies (and Irish
travellers, who form a separate community) frequently have difficulty obtaining land suitable for their
requirements and local planning authorities are required to make appropriate provision for their
needs.
Saved Policy H15 of the Lancaster District Local Plan reflects the concerns over the loss of
established pitches and seeks to refuse and proposal which would result in the loss of existing
approved gypsy site provision. Exceptionally loss of provision in that location could be supported if
the applicant has satisfactorily demonstrated the site is no longer needed to meet existing or future
needs for gypsy provision in the District or alternative provision has been made of a comparable
standard on an appropriate site.
This requirement for provision is more pertinent now given the additional pitch requirement (40
pitches) contained within the RSS partial review and the net loss of provision already suffered with
the loss of 23 pitches at Oxcliffe New Farm.
The site has 23 residential pitches currently due to layout, size and orientation of the units however,
as indicated earlier in the report the site has consent for 40 units which form a large part of the
current gypsy/traveller provision for the District. The loss of such a large number of pitches would
further add to the net loss of pitches in relation to the 2007 position and lead to a demand to find 80
additional pitches within the District before 2016.
The current pitches are ideally located as they lie within the urban area and are located close to

primary and secondary schools as well as local shopping and medical services. Replacement of
these pitches with such ease of access to services would be very difficult to achieve and could lead
to the development of sites in less suitable locations, often on the edge of the urban area where they
are less accessible and have greater landscape impact
7.6
The applicant has not provided any information/evidence to demonstrate that there is no longer a
need for the pitches, indeed the site is still currently occupied by gypsy/travellers in all but 7 of the
units. In addition no submission has been put forward for alternative provision. As a consequence it
is considered that the current proposal will be contrary to policies H15 of the Lancaster District Local
Plan and Policy SC4 of the Lancaster Core Strategy. Furthermore, the development would
undermine draft Policy L6 of North West Plan Partial Review 2009 which is seeking the provision of
a minimum of 40 additional pitches above 2007 levels.
8.0 Planning Obligations
8.1 None.
9.0 Conclusions
9.1 It must be recognised that the applicants are victims rather than deliberate perpetrators of the
present breach of planning control. It was for this reason that Members resolved in June 2007 to
pursue a policy of under-enforcement to enable the units to return to gypsy/traveller use over time.
Members will also be aware of the decision in January 2009 to approve the removal of occupancy
over the whole site at Oxcliffe New Farm under application numbers 08/01287/RCN and
08/01303/RCN. However, given the RSS partial review, and the reinforcing comments made by our
Strategic Housing Officers, any further loss of provision will lead to an undermining of pitch provision
in the District and a demand for the development of further gypsy/traveller pitches within the District
to compensate for the loss as well as the additional need indentified at Regional level. Given the
very strong policy position, and the lack of identifiable compensatory provision in the planning
application, the proposal is considered to be contrary to policy and should be resisted.
Recommendation
That Planning Permission BE REFUSED for the following reasons:
1.
2.
3.
Contrary to Saved Policy H15 of the Lancaster District Local Plan and SC4 of the Lancaster Core
Strategy - no evidence that the site is no longer needed for gypsies or that alternative
accommodation is available for them elsewhere.
Contrary to the aims of draft policy L6 North West Plan Partial Review 2009 to ensure the provision
of 40 additional residential pitches above the 2007 position.
Precedent for conversion of other gypsy caravan sites to general use.
Human Rights Act
This recommendation has been reached after consideration of the provisions of The Human Rights Act.
Unless otherwise stated in this report, the issues arising do not appear to be of such magnitude to override the
responsibility of the City Council to regulate land use for the benefit of the community as a whole, in
accordance with national law.
Background Papers
None.