Agenda item

To determine the application.

Tom Donnelly presented the report to members.

Members received a presentation, in accordance with the public participation procedure, from Alexandra Patrick, the agent and Sam Taylor and Caroline Symonda, the applicants. Mr Taylor stated that he is the further generation of his family who still work the land from season to season and farm to farm keeping within his Romany tradition. He added that in recent months his family circumstances have changed as he has been given verbal notice to leave the current yard which his family current rents and as the family have nowhere else to go this has caused a great deal of stress.

Mr Taylor explained that the added stress is not helping his father who is still recovering from open heart surgery and finds himself not well enough to travel anymore meaning he needs a permanent place to reside so that he can attend medical appointments, and the simpler tasks are harder for his father to achieve. He explained that he has purchased a plot of land and has submitted a planning application and followed the due process and has funded the whole application themselves as a family, with the aim being to maintain a home for the family and to have the basic living standards which everybody is entitled to.

Mr Taylor explained that the orchard will be kept, and the trees will be maintained and pruned and cropped, with the vintage pieces of machinery which they own also being restored on the site and they used to belong to local Wisbech farmers.

Ms Symonds stated that the application is for a mobile home and two touring caravans so that her family can continue a nomadic way of life within the Romany tradition of which they are rightly proud, with the family having been part of the community of Wisbech St Mary for many years and her son attended the local primary and secondary school. She explained that they work locally for the agricultural sector and have a great respect for the local community and the letters of support from the local community demonstrate that her family are equally respected.

Ms Symonds stated that her husband has recently had open heart surgery and is recuperating and has to attend medical appointments. She explained that currently they are renting an area in a local yard but have been given notice to vacate as the site is needed by the owner’s daughter meaning that they will be effectively homeless which is a very scary prospect.

Ms Symonds explained that they have purchased the acre of land and have followed the planning application process fully and as a result it was remarked on and welcomed by the Parish Council. She made the point that at the present time the Council’s list for pitches, sites and plots for travellers is long and could mean that eventually her family could be forced out of the area.

Ms Symonds added that she appreciates the concerns raised by the Environment Agency with regards to the land being located within Flood Zone 3, but she is aware that is the case for most of the area and 67% of Fenland falls into that category. She explained that steps can be taken to mitigate the risk by raising the mobile home and also registering with the Environment Agency Flood Warning Scheme.

Ms Patrick explained that the application seeks permission for a small family site and a home for a three-member traveller family who are financially supported by their son, with the need for such sites being urgent, which the Planning Officer has noted as has the Gypsy Traveller Liaison Officer. She added that the proposal meets the need in a modest and responsible way and there is a clear precedence for approving similar applications in comparable or higher flood vulnerabilities including Birds Drove at Gorefield, Pearls Bridge at Manea and Leverington Common in Wisbech St Mary.

Ms Patrick stated that officers and inspectors have recognised that robust mitigation and evacuation measures make such developments acceptable and the proposal includes the same safeguarding including flood anchors, and the same comprehensive flood evacuation plans to ensure that the site is safe and compliant. She explained that in the officer’s report it states that the majority of the site in located in Flood Zone 1 and 3 and, therefore, there are safer zones for the residents to go should there be a flood or if they were advised by the Environment Agency that flooding was taking place.

Ms Patrick explained that every application should be looked at on its own merits and there is an exception with this application as the family are elderly in comparison, and they are supported by their son, with it being a simple compassionate request for one family who are demonstrating a genuine need. She made the point that a precedence has already been set and fairness and granting permission is valued.

Members asked the following questions:

·       Councillor Imafidon referred to the presentation screen and asked when the photographs were taken and how far from the application site do the family currently live? Mr Taylor explained that the site is located 2 miles from their current place of residence. Councillor Imafidon referred to the photographs on the screen and stated that when he visited the site, there appears to be some difference as a hard standing is in place and another construction on the site.

·       Councillor Mrs French stated that a great deal of emphasis has been made with regards to the personal circumstances and she asked for confirmation as to whether the personal circumstances were included when the application was submitted? Ms Patrick stated that confidential documents were sent to the Planning Officer.

·       Councillor Marks asked how difficult it has been to find an alternative site? Ms Symonds stated it has been very difficult, and the waiting list is endless and finding somewhere else is not an option for the family and, therefore, the decision was made to purchase their own land.

Members asked officers the following questions:

·       David Rowen responded to the question asked by Councillor Imafidon and confirmed that the photographs were taken at the end of July.

·       Councillor Mrs French asked officers to confirm whether they have taken the personal circumstances of the applicants into consideration? Tom Donnelly stated that in paragraph 9.2 of the report it refers to the fact that personal circumstances were provided in the form of a confidential document which were taken into consideration when assessing the application. Councillor Mrs French stated that members have not seen the confidential information, however, it does state that the information could be made available to members should they wish to view it. David Rowen stated that officers ensure that confidential information is not placed into the public domain, however, should members wish to see that information then the application could be deferred and then a confidential appendix could be added to a further report at a future committee.

·       Councillor Mrs French stated that there are personal circumstances to be considered, and she added that she is surprised to see that the local Parish Council and local residents are fully supportive of the proposal which is very unusual for a traveller family. She added that it would be possibly the right course of action to see the confidential information and for the application to be deferred. David Rowen stated that what has been summarised in the confidential information has actually been summarised by the applicants and the agent.

·       Councillor Connor expressed the opinion that he believes that the applicants and the agent have been truthful in their presentation, and he does not feel that a confidential report is required.

·       Councillor Mrs French stated that there is a new Gypsy Policy, and she questioned how the application conforms? David Rowen stated there is a new policy and there is an updated gypsy traveller accommodation needs assessment, which just sets out what the up-to-date position is in terms of need for traveller accommodation across the district. He added that this is referenced in the officer’s report and sets out the number of pitches which need to be delivered, and he reiterated that the actual policies have not changed, it is the weight and the weight which needs to be given to that need. David Rowen made the point that as stated in the officer’s report there is a shortfall of pitches across the district, and this application would be a small contribution towards the shortfall if members are minded to grant planning permission.

·       Councillor Mrs French stated that it was her understanding that the district does have a shortfall, and she does not know where the land is going to be found in order to accommodate traveller families.

·       Councillor Marks asked whether it is known as to what the shortfall actually is? Matthew Leigh stated that according to Paragraph 9.9 of the officer’s report it states that there is the need for 26 pitches up to March 2029.

Members asked questions, made comments and received responses as follows:

·       Councillor Mrs French stated that having heard the personal circumstances and the need for further pitches, in her opinion, she believes that the committee should be supporting the family. She added that there is only one reason for refusal which is flooding but that can be mitigated against.

·       Councillor Marks stated he agrees with Councillor Mrs French and added that the application also includes a pitch for 2 travelling caravans and if there was a need for the family to move then they could use one of those. He added that they are a local family who work locally in agriculture who are having to move two miles, and he thinks that the application should be supported.

·       Councillor Connor expressed the view that he finds it refreshing that the Parish Council of Wisbech St Mary have expressed the opinion that the family are a credit to the village and there have been numerous letters of support which have been submitted. He expressed the view that it would be a travesty if the committee refuse the application and he will be supporting the application.

·       Councillor Imafidon stating that having heard the personal circumstances he will be supporting the application, and he added that the agent has explained that part of the site is located within Flood Zone 1. He does not feel the issue of flooding due to part of the site being in Flood Zone 3 is relevant as the family could move if required into the lesser zone and he will support the application.

Proposed by Councillor Mrs French, seconded by Councillor Imafidon and agreed that the application be GRANTED against the officer’s recommendation with authority delegated to officers to add appropriate conditions.

Members did not support the officer’s recommendation of refusal as they feel that there is a shortage of and a need for sites for travellers.