Planning appeal decision
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.
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