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Quashed On Legal Grounds13 May 20223215175

Land at Plots 32B and 32C Roydon Lodge Chalet Estate, Roydon, CM19 5EF

Planning appeal 3215175 at Land at Plots 32B and 32C 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 proposal, 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 mixed recreational leisure and permanent residential use including the stationing of static caravans and associated development (touring caravans, hardstanding and cess pit) for residential occupation

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 proposal, is clearly outweighed by other considerations to provide the very special circumstances necessary to justify the development.

What decided it

The shortfall in a five-year supply of deliverable traveller pitches, the lack of any alternative site, and the personal circumstances/best interests of the children combined to establish very special circumstances justifying a temporary, but not permanent, grant of planning permission.

For a permanent permission the totality of Green Belt and other harm was not clearly outweighed by other considerations, but for a temporary period the harm was clearly outweighed by the need for and shortage of traveller sites and the personal circumstances of the occupiers, so very special circumstances existed and the balance tipped in favour of a temporary permission.

What the Inspector cited

Development plan policies
Policy GB2APolicy RST10APolicy H10APolicy CP1Policy CP2Policy GB7APolicy U2APolicy NC1Policy LL3Policy DM 2Policy 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.

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

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  4. Dismissed23 October 20266013055
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  5. Dismissed21 October 20266010759
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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.

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.