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Planning permission granted13 January 20223200138

Land Adjacent Church Road, Pitsea, Basildon, Essex, SS13 2HD

Planning appeal 3200138 at Land Adjacent Church Road, Pitsea, Basildon, Essex, SS13 2HD (Basildon District Council) was allowed on 13 January 2022 by Inspector Kean G, following a hearing. The main issue, as the Inspector framed it: Whether, according to national and local policy the development is inappropriate development in the Green Belt (GB), including the effect the development would have on the openness of the Green Belt, and other GB purposes, and any other harm.

change of use of land to residential for one Gypsy Traveller family. The site to contain, one static caravan, three touring caravans and parking for two vehicles with associated hardstanding, development and water treatment plant

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Kean G
Postcode
SS13 2HG

Main issues, as the Inspector framed them

  • Whether, according to national and local policy the development is inappropriate development in the Green Belt (GB), including the effect the development would have on the openness of the Green Belt, and other GB purposes, and any other harm
  • The effect of the development on the character and appearance of the area
  • The effect of the development on living conditions of the occupants including future occupants with regard to the location and characteristics of the site
  • Whether the development is intentional unauthorised development
  • Whether any harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal

What decided it

The very special circumstances arising from the family's personal and health circumstances, the best interests of the children, and the lack of suitable alternative accommodation combined with the shortfall in deliverable Traveller pitches clearly outweighed the substantial Green Belt harm.

The substantial harm to the Green Belt by reason of inappropriateness, together with minor harm from loss of openness and minor weight against from intentional unauthorised development, was clearly outweighed by the significant weight attached to personal circumstances, unmet need, and lack of alternative accommodation, amounting to very special circumstances justifying permission.

What the Inspector cited

Development plan policies
BDLP Policy BAS GB1BDLP Policy BE12Draft Policy GB1Draft Policy GB2Draft Policy GB4Draft Policy H3Draft Policy H24
National Planning Policy Framework
Paragraph 147Paragraph 148Paragraph 150Paragraph 127

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.

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The decision letter

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The authority’s record since 2016 · every decision in 2022

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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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