SCHEDULES
SCHEDULE 2REQUIREMENTS
PART 1REQUIREMENTS
Travellers’ site in Thurrock
schedule 2 paragraph 13 13.—(1) The replacement of the Gammon Field travellers’ site in Thurrock (Work No. 7R) must not commence until details of its layout and design have been submitted and approved in writing by the local planning authority, such approval not to be unreasonably withheld or delayed, following consultation by the undertaker with the local planning authority and the occupiers of the existing Gammon Field travellers’ site and any dispute as to failure to approve or over conditions is to be subject to the arbitration provisions in article 64 (arbitration).
(2) The details submitted and approved under paragraph (1) must be in accordance with—
schedule 2 paragraph 13 2 a (a)clause no. S11.12 of the design principles; and
schedule 2 paragraph 13 2 b (b)any plans, details or schemes approved by the Secretary of State under this Schedule.
(3) Work No. 7R must be carried out in accordance with the details approved under paragraph (1).
(4) If the local planning authority which receives an application for approval under sub-paragraph (1) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was made, it is deemed to have granted approval.
(5) From the date the replacement site is provided pursuant to subparagraph (1), the following conditions will apply to that site as though they were imposed under section 70(1) of the 1990 Act—
schedule 2 paragraph 13 5 a (a)the site must be used solely as a residential Gypsy and/or Traveller caravan site and there must be no storage of scrap or other commercial vehicles, or open storage of hazardous materials, scrap materials, domestic or commercial waste or other such goods of any kind on the site;
schedule 2 paragraph 13 5 b (b)no more than 42 caravans are to be sited on the site at any time;
schedule 2 paragraph 13 5 c (c)the site must at all times be kept and maintained in a neat and tidy condition, and no activities must be allowed to take place which would be likely to give rise to noise, smell or other disturbances to the detriment of other occupiers of the site or other disturbance to nearby residential dwellings;
schedule 2 paragraph 13 5 d (d)notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015(1), no structures of any description are to be erected at any time on site save for those whose details have been approved under paragraph (1);
schedule 2 paragraph 13 5 e (e)the area of land forming each pitch, other than the hard standing area, will be used only as a garden area and not for the storage of any materials or any other purpose save for those whose details have been approved under paragraph (1);
schedule 2 paragraph 13 5 f (f)there must be no direct vehicular or pedestrian access to the Al089 or A13 trunk road for any vehicle or person at any time; and
schedule 2 paragraph 13 5 g (g)any access (vehicular and or pedestrian) and any physical barriers to control access to the site, including those whose details have been approved under paragraph (1), must be regularly maintained and kept in full working order.
(6) The conditions imposed under paragraph (5) are capable of being the subject of any enforcement action under Part 7 of the 1990 Act and, without limitation, article 56(3) and (4) will apply to that site.
(7) The undertaker must as soon as reasonably practicable after the provision of the replacement site in accordance with paragraph (1) exercise article 20 (compulsory acquisition of land) as applied by article 31 (application of the 1981 Act) and 32 (modification of the 2017 Regulations) of this Order to directly vest in the relevant planning authority land which may be necessary for the maintenance and operation of the site provided under subparagraph (1).
(8) In this paragraph—
term caravans “caravans” means caravans within the meaning of section 29(1)(a) of the Caravan Sites and Control of Development Act 1968(2); and
term gammon field travellers site “Gammon Field travellers’ site” means the travellers’ site located at Long Lane, Grays, Thurrock, RM16 2QH.