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Planning appeal decision

Notice varied and upheld13 May 20223215161

Land at Plot 7 Roydon Lodge Chalet Estate, Roydon, CM19 5EF

Planning appeal 3215161 at Land at Plot 7 Roydon Lodge Chalet Estate, Roydon, CM19 5EF (Epping Forest District Council) was allowed in part (a split decision) on 13 May 2022 by Inspector Lewis D, following a hearing. The main issue, as the Inspector framed it: The main issue is whether the harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the caravan site, is clearly outweighed by other considerations to provide the very special circumstances necessary to justify the development.

Without planning permission: The material change in the use of the Land from a recreational leisure plot use to a residential use including the stationing of static caravans, touring caravans and associated development, including the installation of a cess pit and hardstanding

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Lewis D
Postcode
CM19 5EF

Main issues, as the Inspector framed them

  • The main issue is whether the harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the caravan site, is clearly outweighed by other considerations to provide the very special circumstances necessary to justify the development.

What decided it

The cumulative Green Belt, flood risk and design/character harm was not clearly outweighed by the need for traveller sites and the appellant's personal circumstances, so very special circumstances were not demonstrated.

Substantial Green Belt harm, significant flood risk harm and significant harm to character and appearance, plus moderate weight against intentional unauthorised development, were weighed against substantial weight for unmet need/absence of a five-year supply/lack of alternative sites and significant weight for personal circumstances including the best interests of the children; the harm was not clearly outweighed, so very special circumstances did not exist and permission (permanent or temporary) was refused.

What the Inspector cited

Development plan policies
Policy GB2APolicy RST10APolicy H10APolicy GB7APolicy CP1Policy CP2Policy U2APolicy NC1Policy LL3Policy DM 2Policy DM 22Policy SP 2Policy SP 4Policy SP 5Policy H 4
Judgments
Pitman v Secretary of State for the Environment [1989] JPL 831

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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More decisions in Epping Forest District Council

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

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  3. Dismissed26 October 20266008699
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  4. Dismissed23 October 20266013055
    Millers Farm, Epping Road, Roydon, Harlow, CM19 5DD
  5. Dismissed21 October 20266010759
    Spains Hall, Spains Hall Road, Willingale, Ongar, CM5 0QE

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.