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Notice upheld9 September 20213212763

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

Planning appeal 3212763 at Land Opposite 2 Goldsmith Drive, Rayleigh, Essex, SS6 9QX (Rochford District Council) was dismissed on 9 September 2021 by Inspector Dyer S, following an inquiry. The main issue, as the Inspector framed it: 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).

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)

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Dyer S
Postcode
SS6 9QX

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.

What the Inspector cited

Development plan policies
Policy GB1Policy H7Policy GT1
National Planning Policy Framework
Paragraph 147Paragraph 148Paragraph 150

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 2021

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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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