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Planning appeal decision

Planning permission granted14 April 20223238584

Land and Premises Known As Two Oaks, Brockford Road, Mendlesham, Suffolk, IP14 5SG

Planning appeal 3238584 at Land and Premises Known As Two Oaks, 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 caravans for residential occupation; laying of hardstanding; erection of buildings and formation of new vehicular access off Brockford Road

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.

What the Inspector cited

Development plan policies
Policy H7Policy CS1Policy CS2Policy CS5Policy CS10Policy CS4
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 applied

The decision letter

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The authority’s record since 2016 · every decision in 2022

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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.