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Planning appeal decision

Planning permission granted9 October 20213219384

Land to the North of Birchanger Lane, Birchanger, Bishops Stortford, CM23 5QA

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

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.

Framework references: 137, 147, 148

Plan policies cited: Policy S6 Metropolitan Green Belt, Policy S7 The Countryside, Policy GEN2-Design, Policy GEN4-Neighbourliness, Policy GEN1-Access

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.