®Planning appeal decision
Land to the North of Birchanger Lane, Birchanger, Bishops Stortford, CM23 5QA
Planning appeal 3219384 at Land to the North of Birchanger Lane, Birchanger, Bishops Stortford, CM23 5QA (Uttlesford District Council) was allowed on 9 October 2021 by Inspector Fleming D, by written representations. The main issue, as the Inspector framed it: the effect of the use on the openness of the Green Belt and the purposes of including land within it.
the material change of use of the land for the stationing of caravans and mobile homes for residential purposes and ancillary works attached thereto without the benefit of a grant of planning permission
- Authority
- Uttlesford District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- caravan-gypsy · Change of use
- Inspector
- Fleming D
- Postcode
- CM23 5QA
Main issues, as the Inspector framed them
- the effect of the use on the openness of the Green Belt and the purposes of including land within it
- whether the harm to the Green Belt and any other harm is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development
What decided it
The best interests of the 15 children living on the site, combined with unmet need for traveller accommodation and the absence of available alternative sites, clearly outweighed the harm to Green Belt openness and purposes.
The substantial harm to the Green Belt from inappropriate development, loss of openness and encroachment into countryside was clearly outweighed by unmet need for traveller sites, the considerable personal accommodation needs of the occupiers including significant health needs, the absence of available alternative sites, and the best interests of 15 children including three with special educational needs, justifying very special circumstances for permanent planning permission.
What the Inspector cited
- Development plan policies
- Policy S6 Metropolitan Green BeltPolicy S7 The CountrysidePolicy GEN2-DesignPolicy GEN4-NeighbourlinessPolicy GEN1-Access
- National Planning Policy Framework
- Paragraph 137Paragraph 147Paragraph 148
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
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With an account
What an account adds to this decision
More decisions in Uttlesford District Council
The authority’s record since 2016 · every decision in 2021
- Dismissed22 October 20266011359Equestrian Site, Birchanger Road, Birchanger, Bishop's Stortford, CM23 5QH
- Dismissed23 June 20263343868Abbots Manor Bungalow, Thaxted Road, Wimbish, Essex, CB10 2UT
- Notice varied and upheld21 January 20263349568Squirrels Brick End, Broxted, Dunmow, CM6 2BJ
- Allowed15 January 20263373483Land Adj to Greylands Barn , Chelmsford Road, White Roding, Dunmow, CM6 1RF
- Dismissed13 January 20263373643Land Adj to South View, Maple Lane, Wimbish, Essex, CB10 2XG
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.