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Allowed4 December 20233174630

Aylesbury Gardens, Newton Road, Swepstone, Coalville, Leicestershire, LE67 2SH

Planning appeal 3174630 at Aylesbury Gardens, Newton Road, Swepstone, Coalville, Leicestershire, LE67 2SH (North West Leicestershire District Council) was allowed on 4 December 2023 by Inspector Rose D, following a hearing. The main issue, as the Inspector framed it: Whether the disputed conditions are reasonable and necessary having regard to: (i) the extent of the need for Gypsy and Traveller accommodation in the district; the personal circumstances of the occupants of the site and any alternatives available to them; and the measures in place to address any general shortfall or personal needs.

the use of the land as a traveller’s site with six touring caravans without complying with conditions attached to planning permission Reference 14/01090/VCI, dated 31 March 2015

Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Minor Dwellings
Inspector
Rose D
Postcode
LE67 2SH

Main issues, as the Inspector framed them

  • Whether the disputed conditions are reasonable and necessary having regard to: (i) the extent of the need for Gypsy and Traveller accommodation in the district; the personal circumstances of the occupants of the site and any alternatives available to them; and the measures in place to address any general shortfall or personal needs
  • The effect of the proposal on the character and appearance of the area
  • Whether the occupants of the site would have reasonable access to a range of services and facilities or public transport
  • The effect of the proposal on the River Mease Special Area of Conservation
  • Whether the general or personal need for Gypsy and Traveller accommodation would outweigh any identified harmful effects of the development which could not be met by planning conditions to secure appropriate mitigation

What decided it

The Inspector's conclusion that the identified harm to character and appearance could be adequately offset through conditions securing a revised landscaping and site layout scheme, rendering the proposal compliant with the development plan as a whole.

The proposal was found to accord with the development plan taken as a whole once mitigation was secured by condition, with the substantial weight attaching to unmet Gypsy and Traveller need reinforcing that conclusion rather than being determinative.

What the Inspector cited

Development plan policies
S3(j)(i)H7(4)(f)En3(4)S3(j)(vi)H7(4)(a)H7(6)En1(2)(a)En2Policy H7Policy S2H7(4)(b-e and g)
Judgments
Lisa Smith v SSLUHC (Appeal) [2022} EWCA Civ 1391 (Brief Summary)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in North West Leicestershire

The authority’s record since 2016 · every decision in 2023

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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