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Planning appeal decision

Notice varied and upheld22 December 20213215553

Land ajacent The Old Railway Cutting , Hawthorne Hill , Oxenhall, Newant , Glos, GL18 1RH

the change of use of land to 2 Gypsy / Traveller pitches, comprising 2 no. mobile homes, 2 no. touring caravans, 2 no. dayrooms, hardstanding and foul drainage. Appeal B: APP/P1615/C/18/3215553 Land adjacent the old Railway Cutting, Hawthorne Hill, Oxenhall, Newent, GL18 1RH

Authority
Forest of Dean District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Dignan P

Main issues, as the Inspector framed them

  • Whether the site location is acceptable in terms of safe and convenient access and access to services and facilities, and the effect on landscape character and the character and appearance of the area (Appeal A)
  • The suitability of the site in terms of location, and the effect on the character and appearance of the area (Appeal B, ground (a))

What decided it

Appeal A succeeded because the acceptable revised access and only limited landscape harm were outweighed by the shortfall of traveller sites, whereas Appeal B failed because its alternative access would cause greater hedgerow and tree harm and the site shortfall no longer told in its favour once Appeal A was permitted.

In Appeal A the limited harm from encroachment into the countryside and proximity to the highway was outweighed by the pressing need for traveller sites in sustainable locations, tipping the balance in favour of the development; in Appeal B the harm from hedgerow loss and potential tree root damage was not outweighed by any continuing shortfall benefit (since that had already been met by Appeal A), so the balance tipped against the development.

Plan policies cited: Policy CSP.4, Policy CSP.6, Policy CSP.1, Policy CSP.2, Policy AP.1, Policy AP.4

Judgments cited: Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]

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.