The Planning Inspectorate- Wales

Advice produced by The Planning Inspectorate for use by its Inspectors

Suggested Conditions in Gypsy Permission

Restriction of occupancy of site to Gypsies

1. This permission does not authorise use of the land as a caravan site by any persons other than gypsies and travellers, as defined in paragraph 15 of ODPM Circular 01/2006

Personal conditions

2. The occupation of the site hereby permitted shall be carried on only by the following and their resident dependants: (add names)

3. When the land ceases to be occupied by those named in condition x above the use hereby permitted shall cease and all caravans, structures, materials and equipment brought on to the land in connection with the use including the amenity block hereby approved, shall be removed. Within x months of that time the land shall be restored to its condition before the use commenced.

Temporary & personal conditions

4. The use hereby permitted shall be carried on only by Mr/s, her husband and children etc. and shall be for a limited period being the period of x years from the date of this decision, or the period during which the premises are occupied by them, whichever is the shorter.

5. When the premises cease to be occupied by Mr/s, her husband and children etc. or at the end of x years , whichever shall first occur, the use hereby permitted shall cease, all materials and equipment brought on to the premises in connection with the use[, including the amenity block hereby approved,] shall be removed. and the land restored to its former condition.

Temporary conditions

6. The use hereby permitted shall be for a limited period being the period of x years from the date of this decision. At the end of this period the use hereby permitted shall cease, all materials and equipment brought on to the land in connection with the use shall be removed, and the land restored to its former condition.

7. The use hereby permitted shall be discontinued and the land restored to its former condition on or before the end of a period of x years from the date of this decision in accordance with a scheme of work submitted to and approved by the local planning authority.

Specifying the number and type of caravans

8. No more than x caravan(s), as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968 (of which no more than y shall be a static caravan or mobile home) shall be stationed on the site at any time.

9.The residential use hereby permitted shall be restricted to the stationing of no more than x caravans at any time (of which no more than y shall be a static caravan or mobile home).

10. There shall be no more than x pitches on the site and on each of the x pitches hereby approved no more than two caravans shall be stationed at any time, of which only one caravan shall be a residential mobile home.
11. Any caravans positioned on the site shall be capable of being towed on the public highway, in accordance with the relevant Highways Act legislation, without division into separate parts.

Siting of caravans

12. No caravan shall be brought onto the site until details of its intended siting have been submitted to and approved by the local planning authority in writing. The caravan(s) shall only be positioned in the approved location(s), unless otherwise agreed in writing by the local planning authority.

13. No caravan shall be stationed on the land other than within the area shown hatched black on plan xxx attached.

14. The caravans shall be sited in accordance with plan No: ...

15. Any material change to the position of a mobile home, or its replacement by another mobile home in a different location shall only take place following the written agreement of the Council.

Where development has already taken place and there are no (acceptable) plan-based details of siting, use a condition based on the suggested one for the Submission of details, below.

Industrial/commercial activities on site.

16. No commercial activities shall take place on the land, including the storage of materials.

17. No commercial activities shall take place on the land, including the storage of materials, except in the area shown on plan No. xxxx. No materials shall be stored above a height of x, no burning of materials shall take place on the site and no commercial activities, audible at the site boundary, shall take place outside the hours of 00.00 - 00.00 Monday - Saturday and not at all on Sundays.

Commercial vehicles

18. No vehicle over 3.5 tonnes shall be stationed, parked or stored on the site.

19. No more than one commercial vehicle per plot shall be kept on the land for use by the occupiers of the caravans hereby permitted, and they shall not exceed 3.5 tonnes in weight.

Amenity blocks and other buildings/structures

20. Within three months of the date of this decision, details of the materials of the proposed toilet/utility blocks shall be submitted to the local planning authority. The blocks shall be erected in accordance with the approved details.

21. The erection of the amenity block hereby approved shall not take place until samples of the materials to be used in the construction of the external surfaces of the building have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.
Submission of further details

22. The use hereby permitted shall cease and all caravans, structures, equipment and materials brought onto the land for the purposes of such use shall be removed within [28 days] of the date of failure to meet any one of the requirements set out in (i) to (iv) below:

i) within 3 months of the date of this decision a scheme for:

[the means of foul and surface water drainage of the site;
proposed and existing external lighting on the boundary of and within the site;
improved visibility splays at the site access;
the internal layout of the site, including the siting of caravans, plots, hardstanding, access roads, parking and amenity areas; and
tree, hedge and shrub planting and where appropriate earth mounding including details of species, plant sizes and proposed numbers and densities;
and/or any other matters to be specified ]
(hereafter referred to as the site development scheme) shall have been submitted for the written approval of the local planning authority and the said scheme shall include a timetable for its implementation.

ii) within 11 months of the date of this decision the site development scheme shall have been approved by the local planning authority or, if the local planning authority refuse to approve the scheme, or fail to give a decision within the prescribed period, an appeal shall have been made to, and accepted as validly made by, the Secretary of State.

iii) if an appeal is made in pursuance of (ii) above, that appeal shall have been finally determined and the submitted site development scheme shall have been approved by the Secretary of State.

iv) the approved scheme shall have been carried out and completed in accordance with the approved timetable.

23. At the same time as the site development scheme required by condition x above is submitted to the local planning authority there shall be submitted a schedule of maintenance for a period of five years of the proposed planting commencing at the completion of the final phase of implementation as required by that condition; the schedule to make provision for the replacement, in the same position, of any tree, hedge or shrub that is removed, uprooted or destroyed or dies or, in the opinion of the local planning authority, becomes seriously damaged or defective, with another of the same species and size as that originally planted. The maintenance shall be carried out in accordance with the approved schedule.