Testun llawn:
The site should not be used for the proposed purpose or for any other purpose by the VOG as a consequence of the following:
• The Council (under its previous iteration) previously granted planning permission to itself for use of the site as a gypsy site on 20 December 1994. That decision was subsequently quashed by the High Court in R v South Glamorgan County Council ex parte Harding (1997). Following those proceedings, the Council through its Chief Executive, Mr Foster, entered into a formal undertaking dated 1 May 1996 requiring that once the existing family vacated the site, the Council would restore the land to its
original agricultural condition. That undertaking remains binding and has not been discharged. The proposed allocation and expansion of the site appears inconsistent with that undertaking and raises questions as to whether the Council can lawfully promote the site for further development.
July 2017 meeting with the VOG.
Llangan Action, Llangan Community Council and the traveller family occupying the site reached an agreement with the VOG for vacation of the site and for the site to be transferred to the Community Council for use by the community. Had the VOG done so, it would have discharged the obligations it had bound itself to under the undertaking. The VOG have, however, without any explanation, gone back on that agreement without any further discussions with the Community.
In any event, the site does not meet the criteria set in the VOG’s own current Gypsy and Traveller Accommodation Assessment (“GTAA”) and with reference to Policy MD18 (Gypsy and Traveler Accommodation), including because:
• Access to the site is poor. The access lanes is too narrow (2.5m min) and can’t be widened due to new houses built at the junction near Llangan Primary School. This could impact emergency vehicle access: the recommended access requirements for emergency vehicles is 3.7m
• The alternative route through Llangan village is not suitable for emergency vehicles due to it having a weak bridge.
• Extending the proposal to 7 pitches on the site would further restrict the ability of emergency vehicles to manoeuvre around the site.
• The fact that access is poor was recognised in the Report on the examination into the Vale of Glamorgan Local Development Plan 2011 – 2016, prepared by Richard E. Jenkins BA(Hons) MSc MRTPI, as Inspector appointed by the Welsh Ministers, dated 25 May 2017, which also found that drainage at the site was poor. The Report stated, “It is clear that access and drainage works would need to be improved for the site to meet Welsh Goverment guidance.”1 These constraints remain relevant when considering the proposed significant expansion of the site.
• Site access is “unsafe” having extended walks (in excess of 800m) along unlit land with no public footpath or street lighting.
• The local area cannot support an increase from 2 to 7 pitches. The site is not reasonably accessible to day-to-day services, facilities and employment, medical facilities, shops and community facilities (there are no shops, restaurants, pubs/bars in the area) and there is no public transport. Cowbridge, the nearest town, is circa 7.5km from the site which is the nearest settlement providing a range of services. As there is no public transport serving the site and no local facilities within walking distance, the location therefore conflicts with the RLDP objective of reducing the need to travel and promoting sustainable transport.
• The size of the site and number of pitches proposed is not appropriate to its location and accommodation needs.
• The Cardiff and Vale of Glamorgan Survey and Assessment of Gypsy and Traveller Accommodation – Final Report – August 2008, prepared by the Fordham Research Group Limited made a finding that there was a preference for members of the Gypsy / Traveller community for smaller, family sized sites. The expansion of the site to 7 pitches is wholly contrary to the findings of the report commissioned for the benefit and assistance of the VOG.
• The Replacement Local Development Plan 2021 – 2036: Issues, Vision and Objectives June 2023 (Background Paper – BP2) states, at 4.1. that:
• “Our Vision for the Vale of Glamorgan is a place:
o That is safe, clean, and attractive, where individuals and communities have sustainable opportunities to improve their health, learning and skills, prosperity, and wellbeing; and
o Where there is a strong sense of community in which local groups and individuals have the capacity and incentive to make an effective contribution to the future sustainability of the area.”
• The RLDP objectives are set out at paragraph 5 as follows:
RDLP objective Comment
To sustain and further the development of sustainable communities within the VOG, providing opportunities for living, learning, working and socialising for all.
The location of the site does not support this objective.
To ensure that development within the VOG makes a positive contribution towards reducing the impact of and mitigating the adverse effects of Climate Change. In respect of mitigating climate change, it is stated this means:
“Encourage development that reduces the need to travel by car and encourage people to participate in active travel and use sustainable transport to reduce emissions and improve air quality.
Ensure that all new development and infrastructure is reliant to future impacts arising from Climate Change, Direct development away from areas prone to flood risk and incorporate water management, biodiversity enhancement and adaptation measures.”
Development of the site will not contribute towards this objective. In particular, as stated above, the lack of public transport will no doubt result in multiple vehicles being used to transport to and from the site. Such a need could be avoided if the allocation requirement was situated in an area with better public transport / an area close to facilities such as healthcare etc.
Alternatively, the agreement previously reached with the VOG to return the site to the Community Council for use as allotments would have a positive impact in respect of climate change, not least due to the fact that produce would be grown locally. The success of allotments in Treoes has demonstrated the viability of such a programme and the VOG had previously indicated its support for returning the site to the Community Council for such a purpose.
To reduce the need to VOG residents to travel to meet their daily needs and enabling them greater access to sustainable forms of transport.
As above, the site does not meet this objective due to its distance from facilities such as healthcare, shops etc. and the lack of public transport.
To protect and enhance the VOG’s historic, built, and natural environment.
The proposal would adversely impact the undeveloped rural character of the area.
To maintain, enhance and promote community facilities and services in the VOG.
The VOG’s previous agreement to return the site to the community for use as an allotment is a key illustration of achieving this objective. The proposed extension of the site for 7 pitches does not promote this objective, but wholly detracts from it. Llangan does not any other land to enhance and promote community facilities and services. Further, as the VOG is aware, the Community Council is not seeking funding from the VOG for the maintenance of the site which the VOG agreed to transfer management of to the Community Council.
To provide the opportunity for people in the VOG to meet their housing needs.
It is accepted the VOG has a lawful duty under section 101(1) of the Housing (Wales) Act 2014 to carry out an assessment of the accommodation needs of Gypsies and Travellers residing in its area. That is not disputed. That fact that the VOG has a legal requirement to meet this legal obligation does not, however, mean that the selection of an unsuitable site is acceptable to ‘tick a box’ to meet that obligation is acceptable.
The fact that the VOG own the site is not a reason on its own for extending the site from 2 to 7 pitches. Further, the fact that the VOG were, through its predecessors in time, party to a lawful undertaking to clear the site and return it to its previous agricultural status, coupled with the VOG’s agreement to transfer the management of the site to the Community Council is evidence of a competing obligation in law for the use of the site.
To ensure that development within the VOG uses land effectively and efficiently and to promote the sustainable use and management of natural resources.
As above, this objective would not be met by extending the site to accommodate 7 pitches. Further, this is agricultural land in a Special Landscaped Area.
Further:
• The site would not meet the standards required for social housing. The same standards apply for housing for the Gypsy and Traveller community.
• The scale of the proposed number of pitches poses a real risk of escalating fear and tension within the local community, which would be contrary to encouraging and developing good relations between Gypsy Travellers and the settled community.
• Notwithstanding the above, the independent inspector’s report concluded the site was only suitable for 2 pitches after reviewing all the evidence. It is not clear what has changed for the VOG to conclude that a 350% increase in the number of pitches is suitable.
• Mixing families from the Gypsy and Traveller community. The Welsh Government’s approach to Gypsy and Traveller Accommodation Assessments (GTAA)
emphasizes culturally appropriate, safe, and secure accommodation that meets the needs of families, rather than dictating the forced mixing of specific family groups on sites. The guidance was updated in March 2025.
The assessment makes no reference that the site is in a Special Landscape Area. The Replacement Local Development Plan 2021 – 2036: Special Landscape Area – Background Paper – BP-28, November 2025, provides at para 1.6:
“The designation of the SLA was not intended to prevent development, but to ensure that where development was acceptable, careful consideration was given to the design elements of the proposal such as the siting, orientation, layout and landscaping, to ensure that the special qualities and characteristics for which the SLAs have been designated are protected.”
In addition to being in a designated Special Landscape Area and the site is adjacent to the Llangan Conservation Area. The RLDP background paper acknowledges the importance of protecting views and landscape character within these areas. The proposed expansion to seven pitches risks materially affecting the rural character and important views from the conservation area.
