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Planning appeal decision

Allowed4 December 20233174630

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

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

Authority
North West Leicestershire District Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Minor Dwellings
Inspector
Rose D

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.

Plan policies cited: S3(j)(i), H7(4)(f), En3(4), S3(j)(vi), H7(4)(a), H7(6), En1(2)(a), En2, Policy H7, Policy S2, H7(4)(b-e and g)

Judgments cited: Lisa Smith v SSLUHC (Appeal) [2022} EWCA Civ 1391 (Brief Summary)

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.