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Quashed On Legal Grounds3 January 20233237832

The Land Situated at Smithacres, Back Lane, Baxenden, Accrington, Lancashire, BB5 2RE

Planning appeal 3237832 at The Land Situated at Smithacres, Back Lane, Baxenden, Accrington, Lancashire, BB5 2RE (Hyndburn Borough Council) was decided (quashed on legal grounds) on 3 January 2023 by Inspector Sherratt C, following an inquiry. The main issue, as the Inspector framed it: The effect of the development on the visual amenities and purposes of including land in the Green Belt.

without planning permission a material change in the use of the Land from agricultural use to use for residential purposes by the siting of 4 no pitches and 4 no day rooms and associated residential paraphernalia and vehicles to provide Gypsy and Traveller family accommodation (“the Unauthorised Development”)

Authority
Hyndburn Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Sherratt C
Postcode
BB5 2RE

Main issues, as the Inspector framed them

  • The effect of the development on the visual amenities and purposes of including land in the Green Belt
  • The effect of the development on the character and appearance of the surrounding area
  • Whether other considerations would clearly outweigh the harm to the Green Belt and any other harm, such that very special circumstances may exist

What decided it

The considerable and immediate unmet need for gypsy and traveller pitches, combined with the Council's persistent failure to provide for that need, clearly outweighed the minimal Green Belt and character harm found.

The minimal harm to Green Belt openness, visual amenity and character and appearance was clearly outweighed by the substantial weight given to the unmet need for pitches and the great weight given to the Council's persistent failure to provide for that need, establishing very special circumstances.

What the Inspector cited

Development plan policies
Policy BD1Policy DM15Policy DM34Policy H3Emerging Policy CS11
Judgments
Lisa Smith v SSLUHC [2022] EWCA Civ 1391

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 applied

The decision letter

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More decisions in Hyndburn

The authority’s record since 2016 · every decision in 2023

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  3. Notice varied and upheld21 January 20263358244
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  5. Notice varied and upheld22 September 20253346647
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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.