Planning appeal decision
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
- Authority
- Basildon District Council
- 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.
See how each was appliedThe decision letter
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More decisions in Basildon Borough Council
The authority’s record since 2016 · every decision in 2022
- Notice upheld25 September 20263356978Bluebell Cottage Fairway, Wickford, SS12 9EU
- decided3 September 20266006750151 Church Road, Basildon, SS14 1NH
- decided3 September 20266006749151 Church Road, Basildon, SS14 1NH
- Split Decision16 July 20263353645Land West of Elizabeth Villa, Katherine Road, Bowers Gifford, Essex, SS13 2JX
- Notice varied and upheld14 July 20263357480The Hall, Church Road, Ramsden Bellhouse, Billericay, Essex, CM11 1RT
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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