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Planning appeal decision

Planning permission granted13 January 20223200138

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

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

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.

Framework references: 147, 148, 150, 127

Plan policies cited: BDLP Policy BAS GB1, BDLP Policy BE12, Draft Policy GB1, Draft Policy GB2, Draft Policy GB4, Draft Policy H3, Draft Policy H24

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.