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Planning appeal decision

Split Decision13 May 20223215162

Land at Plots 8, 9 and 10 Roydon Lodge Chalet Estate, Roydon, CM19 5EF

Continued use of site as a Traveller site comprising 8 mobile homes for single family group with ancillary touring caravans

Authority
Epping Forest District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Lewis D

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 identified Green Belt, character/appearance and flood-risk harms were not clearly outweighed by the need for traveller sites and personal circumstances for the combined site and for Appeal C, so very special circumstances did not exist, though the same balancing exercise applied to Plot 10 alone tipped in favour of a temporary permission because of the family's personal circumstances and the best interests of the children.

the substantial Green Belt harm, significant harm to character/appearance and significant weight against the development from flood risk were not clearly outweighed by the substantial weight given to unmet traveller need, lack of a five-year supply, and personal circumstances, so very special circumstances did not exist for the combined plots or for Appeal C, but for Plot 10 alone the personal circumstances and best interests of the children outweighed the harms sufficiently to justify a temporary, conditioned permission

Plan policies cited: Policy GB2A, Policy RST10A, Policy H10A, Policy CP1, Policy CP2, Policy GB7A, Policy U2A, Policy NC1, Policy LL3

Judgments cited: Pitman v Secretary of State for the Environment [1989] JPL 831

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.