Planning appeal decision
Land and Premises Known As Plot 7 (Adjacent to Woodview), Brockford Road, Mendlesham, Suffolk, IP14 5SG
Planning appeal 3238576 at Land and Premises Known As Plot 7 (Adjacent to Woodview), Brockford Road, Mendlesham, Suffolk, IP14 5SG (Mid Suffolk District Council) was allowed on 14 April 2022 by Inspector Perrins R, following a hearing. The main issue, as the Inspector framed it: The effect of the development on the character and appearance of the countryside location.
without planning permission , the change of use of agricultural land for the stationing of a caravan; formation of new vehicular access off Brockford Road
- Authority
- Mid Suffolk District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Change of use
- Inspector
- Perrins R
Main issues, as the Inspector framed them
- The effect of the development on the character and appearance of the countryside location.
- The effect of the development upon the setting of nearby listed buildings.
- Whether the development would comply with planning policy which seeks to steer new development away from areas at the highest risk of flooding.
- Whether the appeal site is situated within a sustainable location.
- whether there are any other considerations to outweigh any harm identified.
What decided it
The lack of any available alternative sites combined with the appellants' personal circumstances and the unmet need for Gypsy and Traveller pitches outweighed the identified harms sufficiently to justify a temporary, personal permission, though not a permanent one.
The significant harm to character and appearance and the very significant conflict with flood risk policy, together with lesser harm from the unsustainable location, were not outweighed by the considerable weight given to unmet need, lack of alternative sites and personal circumstances so as to justify permanent permission, but those considerations were sufficient to tip the balance in favour of a temporary, personal permission for three years.
What the Inspector cited
- Development plan policies
- Policy H7Policy CS1Policy CS2Policy CS5Policy CS4Policy CS10Policy HB1
- Judgments
- Britannia Assets (UK) Ltd v SSCLG [2011] EWHC 1980 (Admin); AZ v SSCLG & South Gloucestershire DC [2012] EWHC 3660 (Admin)
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 appliedThe decision letter
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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.
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