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Quashed On Legal Grounds13 May 20223215169

Land at Plots 25 and 26 Roydon Lodge Chalet Estate, Roydon, CM19 5EF

Planning appeal 3215169 at Land at Plots 25 and 26 Roydon Lodge Chalet Estate, Roydon, CM19 5EF (Epping Forest District Council) was decided (quashed on legal grounds) 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 development, is clearly outweighed by other considerations to provide the very special circumstances necessary to justify the development.

Change of use from double leisure plot to mixed use as leisure plot with 2 caravans, sheds, cess pit and associated hard standing and third static caravan for residential occupation by traveller family with storage of a touring caravan

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

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

What decided it

The inability to secure effective planning control over the proposed mixed leisure/residential use through conditions meant adverse effects on the integrity of the Epping Forest Special Area of Conservation could not be ruled out, and this weighed strongly and decisively against the grant of permission alongside the Green Belt harm not being clearly outweighed.

The substantial harm from Green Belt inappropriateness, the very substantial weight given to the unresolved risk to the integrity of the Epping Forest SAC, and smaller harms (openness, character/appearance, unauthorised development, cumulative change) were not clearly outweighed by the considerable weight attached to traveller site need/supply and the moderate weight given to personal circumstances, so very special circumstances did not exist and the appeal was dismissed.

What the Inspector cited

Development plan policies
Policy GB2APolicy RST10APolicy H10APolicy CP1Policy CP2Policy GB7APolicy U2APolicy NC1Policy LL3Policy DM2Policy DM 22Policy SP 2Policy 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

  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.