Testun llawn:
Summary:
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.
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:
That is safe, clean, and attractive, where individuals and communities have sustainable opportunities to improve their health, learning and skills, prosperity, and wellbeing; and 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.” This clearly doesn’t fit the vision
