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Planning appeal decision

Notice varied and upheld13 May 20223215164

Land at Plot 11 Roydon Lodge Chalet Estate, Roydon, CM19 5EF

Planning appeal 3215164 at Land at Plot 11 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: 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 for residential use, touring caravans and associated development, including the installation of hardstanding

Authority
Epping Forest District Council
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

  • 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 character harms were not clearly outweighed by the need for traveller sites and personal circumstances, so very special circumstances were not established.

the substantial harm to the Green Belt, very significant flood risk harm and significant character/appearance harm were not clearly outweighed by the substantial weight given to unmet traveller site need/lack of supply and significant weight given to personal circumstances including the best interests of the child, so the balance tipped against the development even for a temporary permission

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.

See how each was applied

The decision letter

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More decisions in Epping Forest District Council

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

  1. Dismissed28 October 20266011400
    Larksmead Nursery, St Leonards Road, Nazeing, EN9 2HQ
  2. Allowed27 October 20266008413
    Sparks Farm, Nine Ashes Road, Nine Ashes, CM4 0JZ
  3. Dismissed26 October 20266008699
    Denver Lodge, Waltham Road, Nazeing, EN9 2EB
  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.