Planning appeal decision
Land and premises known as Plot 7 (adjacent to Woodview), Brockford Road, Mendlesham, Suffolk, IP14 5SG
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.
Plan policies cited: Policy H7, Policy CS1, Policy CS2, Policy CS5, Policy CS4, Policy CS10, Policy HB1
Judgments cited: Britannia Assets (UK) Ltd v SSCLG [2011] EWHC 1980 (Admin); AZ v SSCLG & South Gloucestershire DC [2012] EWHC 3660 (Admin)
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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