WARRINGTON Borough Council’s failure to provide a traveller site should be considered as special circumstances to allow a local gypsy family to set up a permanent home on Green Belt land near Collins Green, Burtonwood.
This is the view of agents acting for a gypsy family seeking a permanent site at the former Utilities Pumping Station Site, off Broad Lane.
Plans have been submitted for change of use of land as a part family traveller site, part transit site, along with keeping of horses and landscaping, following the removal of a pumping station building, concrete hard standing, storage sheds, waste material and associated paraphernalia.
Agent for the gypsy family, Mike Carr of MAT Design Limited said in a supporting statement: “This planning statement provides details of a proposed development, which we consider are in
accordance with the National Planning Policy Framework (NPPF 2021, the Planning Policy for Traveller Sites (PPTS 2015), and the Local Planning Authorities (Warrington) Development Plan Policies, once all material considerations are taken into account. This includes the long-term undersupply of family pitch and transit accommodation in the Borough, which we consider is an exceptional very special circumstance in this case that weighs substantially in favour of the application.
“Furthermore, we consider that there are also significant, and perhaps over-riding personal circumstances within the group, which include the long-term medical conditions and impaired mobility
associated with a number of the residents. In addition the welfare and best interests of the children is of paramount importance in this case.”
The application site is a 0.9Ha parcel of previously developed land that is located approximately 600m from the small settlement of Collins Green and the Borough boundary with St Helens.
The application proposes the change of use of land for use as a part family traveller site (4 trailer caravans/ 1 static & amenity blocks) and part transit site (3 trailer caravans), along with the keeping of horses landscaping with access off broad lane, following the removal of the pumping station building. The application site is identified as being within the green belt on the Warrington Local Plan Proposals Map. The site is not in a Conservation Area, there are no Listed Buildings nearby nor are there any other habitat, flooding or other land use constraints that we are aware of.
In support of the application Mr Carr added: “For purposes attached to the consideration of this planning application, the applicant, his family are gypsies and travellers, as defined in Annex 1 of the 2015 PPTS. Namely, they are 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 dependents’ educational or health needs or old age have ceased to travel temporarily.
“However, following a recent Court of Appeal decision made in October 2022, who determined that the definition of gypsy set out in the 2015 PPTS was unlawful and offended against the Equality Act and the Public Sector Equalities Duty (PSED).
“We consider that this decision is a material consideration in the determination of the planning application as there are clear ramifications of that Judgement towards any aspects of the 2015 PPTS policy and local plan policy reliant on that Definition are tainted and also unlawful and no weight can be placed upon them. This means that any GTAA’s (August 2018 in this case) that are reliant on the Definition in terms of numbers, is unlawful and cannot be relied upon and no weight again can be placed upon it or any policy reliant on it.
“In this case, the applicant and his family seek planning permission for settled site accommodation that would provide suitable accommodation (static & trailer caravans), which we consider would be in the interests of the children and the families well-being. The site would also provide 4 transit pitches that would be used by Gyspys & Travellers who move around the country for work and cultural purposes.
“In terms of the family group, this is made up of 10 adults and their 6 children, some of whom have medical conditions that mean a settled base would substantially assist their life chances and life longevity.
“The family group has nowhere else to live and this site provides a safe and well-located site for all of the residents. We consider that personal circumstances of the family and children should be afforded substantial weight in the decision-making process.
“The LPA Planning Policy web page identifies that the most recent Gypsy and Traveller Accommodation Assessment (GTAA) was published in March 2018 and this identifies the current need for sites in Warrington and the wider northwest region. We consider that the GTAA does not provide any sort of realistic recognition of the actual or hidden numbers and needs of travellers in Warrington Borough, as it is out of date to a considerable extent.
“Taking this into account, we consider that the GTAA that is used by the LPA as a basis for its planning decisions, does not reflect the numbers of gypsies and travellers, including transiters, who are in need of site and pitch accommodation. In addition, the GTAA fails to properly assess or address need in relation to children who have now become adults, marry and have children of their own.”
Mr Carr added: “We consider that the LPA has failed to address the delivering of sites and pitch requirements across the Borough for a considerable period of time, which effectively has resulted in a failure of planning policy in Warrington, specifically in relation to accommodation for Gypsies and Travellers.
“Furthermore, the Warrington Draft local plan 2021 does not provide any pitch allocations or any releases of land for site accommodation across the plan period. We consider that this approach, when balanced against the release of land (inc green belt) for the settled accommodation, represents and unfair and unequal approach towards persons with a protected cultural status.
“We consider that this failure of policy should be afforded substantial weight in the decision-making process.
“The family has sought alternative site/pitch accommodation which could provide them with accommodation and personal safety, whilst respecting the cultural needs and heritage of the family.
None is available in the Warrington Borough or the wider northwest region, meaning that the lack of alternative site provision must carry substantial weight in favour of this application. The proposed use of the site is for use as a part family and part transit traveller site, which in effect is a residential development. No commercial uses of the site are proposed though this planning application. Furthermore, the setting and position of the development site and propounded pitches, when considered against the location of existing residential accommodation in the area, means that there would be no impact on residential amenity.
“We recognise that the development is in the green belt and it is not an appropriate form of development (in part) in this location. However, we consider that there are VSC that clearly outweigh any harm to the openness of the green belt in this location.”
He added: “It is also clear that the proposals for this site represent a positive approach towards meeting the needs of the transitory traveller population, who do not have any realistic sites or opportunities to stop lawfully whilst travelling. This means that they are often forced to set up camp illegally on this side of the road or on public land.
“As such, when the above VSC, which provide substantial support for the application, are weighted into the planning balance, we consider that the combination of these factors outweighs any other harm that may be identified by the Local Planning Authority. The development of the site when balanced against NPPF paragraph 149 (g) are a primary circumstance in this case.
“Overall, when the proposals for the site are considered against the Framework as a whole, the PPTS and Local Plan Policy Framework, we consider this application is a sustainable form of
development in this area of the Borough and that planning permissions should be granted in this particular case.”
The application is pending consideration under delegated powers.
