®Planning appeal decision
Land off Summer Lane, Banwell, North Somerset, BS29 6LP
Planning appeal 3238791 at Land off Summer Lane, Banwell, North Somerset, BS29 6LP (North Somerset Council) was allowed in part (a split decision) on 2 March 2023 by Inspector Freer P, following a hearing. The main issue, as the Inspector framed it: The effect of the development on the character and appearance of the area (Appeal A).
the use of the land for the stationing of caravans for residential purposes as a single pitch gypsy traveller site and the erection of a day room ancillary to that use
- Authority
- North Somerset Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Minor traveller and caravan pitches
- Inspector
- Freer P
- Postcode
- BS29 6LP
Main issues, as the Inspector framed them
- The effect of the development on the character and appearance of the area (Appeal A)
- Whether the stationing of caravans for residential use is appropriate in this location
- The effect of the development on the character and appearance of the area
- Whether the site provides adequate living conditions for the occupiers, specifically in relation to the noise environment
What decided it
The appellant's personal circumstances made it wholly disproportionate under Article 8 to force the family to leave their home, outweighing the residual environmental harm from the smaller Appeal B scheme.
The serious harm to character and appearance, poor accessibility and noise-related harm from the development would significantly and demonstrably outweigh its limited social/economic benefits, but this was overridden by the overarching material consideration of the appellant's personal circumstances, tipping the balance in favour of granting a personal, temporary permission for the smaller Appeal B development while upholding enforcement against the larger unauthorised development.
What the Inspector cited
- Development plan policies
- Policy CS5Policy CS12Policy CS18Policy CS33Policy CS3Policy DM10Policy DM32
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.