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Planning appeal decision

Notice upheld9 September 20213212763

Land Opposite 2 Goldsmith Drive, Rayleigh, Essex, SS6 9QX

without planning permission; the laying of hard-standing for the formation of an access roadway off Goldsmith Drive measuring approximately 72 metres long and 3.5 metres wide joined onto a further area of hard-standing measuring approximately 40 metres by 32 metres (all hardstanding shown in the approximate location hatched on the attached plan)

Authority
Rochford District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Dyer S

Main issues, as the Inspector framed them

  • The effect of the development on the openness of the Green Belt and whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations. If so, would this amount to the very special circumstances required to justify the development, on either a permanent or temporary basis (Appeals B and C).
  • Whether the proposal would be inappropriate development in the Green Belt having regard to the revised Framework and any relevant development plan policies; the effect on the openness of the Green Belt; and whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations amounting to very special circumstances (Appeal A).

What decided it

In Appeals B and C the cumulative weight of the need for and lack of supply of gypsy and traveller sites, the absence of any alternative accommodation, and the best interests of the children clearly outweighed the Green Belt harm, whereas in Appeal A the absence of any comparable other considerations meant the Green Belt harm was not outweighed.

In Appeals B and C the substantial/significant harm to Green Belt openness, combined with limited weight against intentional unauthorised development, was clearly outweighed by the cumulative significant weight of other considerations, amounting to very special circumstances justifying the grant of permission; in Appeal A, with no such other considerations applicable and significant weight attached to intentional unauthorised development, the harm was not clearly outweighed and very special circumstances did not exist.

Framework references: 147, 148, 150

Plan policies cited: Policy GB1, Policy H7, Policy GT1

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.