®Planning appeal decision
Land Ajacent The Old Railway Cutting , Hawthorne Hill , Oxenhall, Newant , Glos, GL18 1RH
Planning appeal 3215553 at Land Ajacent The Old Railway Cutting , Hawthorne Hill , Oxenhall, Newant , Glos, GL18 1RH (Forest of Dean District Council) was allowed in part (a split decision) on 22 December 2021 by Inspector Dignan P, following a hearing. The main issue, as the Inspector framed it: 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 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
- Postcode
- GL18 1RH
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.
What the Inspector cited
- Development plan policies
- Policy CSP.4Policy CSP.6Policy CSP.1Policy CSP.2Policy AP.1Policy AP.4
- Judgments
- Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.