Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed19 December 20233236140

White Rose, Curtis Mill Lane, Navestock, ROMFORD, RM4 1HS

material change in use of land to provide for stationing of caravans for residential occupation by Gypsy family with associated hardstanding, fencing/gate, septic tank, gas tank (retrospective)

Authority
Epping Forest District Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
King T

Main issues, as the Inspector framed them

  • the effect of the development on the openness of the Green Belt
  • the effect on the surrounding rural character
  • policy and local need for gypsy and traveller accommodation
  • whether the site is in a suitable location for such development
  • the effect of the development on the integrity of the SAC
  • whether the harm, by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations which would amount to the very special circumstances necessary to justify the proposal

What decided it

The absence of a secured financial contribution (via s.106 Unilateral Undertaking) to mitigate the development's impact on the integrity of the Epping Forest SAC weighed strongly against the proposal and prevented very special circumstances being demonstrated.

substantial harm to the Green Belt and limited harm to character were weighed against significant weight given to traveller pitch need, lack of alternative sites and personal circumstances, but the case tipped against the appellants once the unmitigated harm to the SAC was factored in, as this weighed strongly against the development

Framework references: 148, 180

Plan policies cited: SP1, SP2, SP5, SP6, DM3, DM4, DM2, H4, T1, DM22

Judgments cited: Collins v SSCLG [2013] EWCA Civ 1193

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.