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Planning appeal decision

Notice varied and upheld2 March 20233238791

Land off Summer Lane, Banwell, North Somerset, BS29 6LP

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

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.

Plan policies cited: Policy CS5, Policy CS12, Policy CS18, Policy CS33, Policy CS3, Policy DM10, Policy DM32

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.