South Holland needs a new planning policy on gypsy and traveller sites, and possibly flood risk zones after three separate refused applications were allowed on appeal.
The appeal results led to the district council giving no response to a fourth separate appeal over the siting of caravans off Langhole Drove in Pinchbeck, as its legal experts say it can no longer turn down applications based on there not being a need for them.
In the last few months applications for sites to the rear of Emmanuel House in Holbeach Drove, at Bridge Inn Caravan Park in Common Drove, Crowland and Baulkins Drove in Sutton St James have all been passed by a planning inspector after previously being refused by SHDC.
The council had argued that sites, as set out in the South and East Lincolnshire Local Plan, had been identified and therefore new sites were not needed.
But in each of the cases the inspectors ruled the authority could not show the five-year-supply has been met.
Inspectors also discarded arguments that the applications were all in high risk flood zones, by saying there were no lower risk sites.
With the similar Langhole Drove application set to come before another planning inspector, the district council’s legal advisors urged the planning committee and the council to offer no evidence and let the application through.
The report to last week’s meeting by development manager Richard Fidler, said it was “To minimise the chance and size of an award of costs the legal advice is to do so as soon as is practicable.”
Planning chair James Avery told the meeting: “Given the legal guidance and the moving of the goal posts by the Environment Agency, I’m not sure what wriggle room we have other than to follow the officer’s recommendation.
Coun Rodney Grocock warned the authority would be ‘on dangerous ground’ if it refused gypsy and traveller applications based on need.
He continued: “In respect of the Environment Agency, we’re up a creek with this situation and with gypsies and travellers having their own unique planning laws, I think we’ll be very difficult to fight in the future until we have different wording from our planning officers.”
Planning officer Phil Norman said: “The lead argument is very much gone.
“On this one the Environment Agency have changed their position. I’m in more detailed conversations with them about how we apply this across the board.”
* An appeal to build two homes at the former Halmer Grange in Spalding was also allowed on appeal last month after a government planning inspector ruled having a waste collection point 30 metres from the house was not grounds for refusal.
