®Planning appeal decision
The land situated at Smithacres, Back Lane, Baxenden, ACCRINGTON, Lancashire, BB5 2RE
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
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.
Plan policies cited: Policy BD1, Policy DM15, Policy DM34, Policy H3, Emerging Policy CS11
Judgments cited: Lisa Smith v SSLUHC [2022] EWCA Civ 1391
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.