Planning appeal decision
Land and premises known as Two Oaks, Brockford Road, Mendlesham, Suffolk, IP14 5SG
without planning permission, the change of use of agricultural land for the stationing of caravans for residential occupation; laying of hardstanding; erection of buildings and 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.
- 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 suitable available alternative sites combined with the personal circumstances of the family tipped the balance in favour of a temporary, personal permission rather than dismissal, notwithstanding the significant harms identified.
The significant harms to character and appearance and from flood risk, together with lesser harm from an unsustainable location, were not outweighed by the need for pitches and personal circumstances so as to justify a permanent permission, but those considerations were sufficient to outweigh the harm to justify a temporary, personal permission for three years.
Plan policies cited: Policy H7, Policy CS1, Policy CS2, Policy CS5, Policy CS10, Policy CS4
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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