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Notice varied and upheld30 August 20223240989

Land East of Cransley Road, Loddington, Northamptonshire, NN14 1JX

Planning appeal 3240989 at Land East of Cransley Road, Loddington, Northamptonshire, NN14 1JX (Kettering Borough Council *) was allowed in part (a split decision) on 30 August 2022 by Inspector Murray J, following an inquiry. The main issue, as the Inspector framed it: the effect of the development on the character and appearance of the landscape.

the change of use of land to use as a residential caravan site for 8 gypsy families, each with two caravans, including erection of 8 No. utility buildings, laying of hardstanding and improvement of access. Appeal

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Murray J
Postcode
NN14 1JX

Main issues, as the Inspector framed them

  • the effect of the development on the character and appearance of the landscape
  • whether the occupants of the site would have adequate access to services and facilities
  • the effect of the development on highway safety
  • whether the development will result in contaminated runoff impacting on the Cransley Reservoir Local Wildlife Site
  • the effect of the development on ecology, including protected species and the Cransley Reservoir Local Wildlife Site
  • the need for and supply of Gypsy and traveller pitches
  • the impact of the development on a potential non-designated heritage asset, namely potential below ground archaeology
  • whether the development constitutes intentional unauthorised development and, if so, the weight to be attached to that
  • the availability of alternative accommodation and other personal circumstances of the occupiers, including the best interests of any children, all in the context of Human Rights considerations and the Public Sector Equality Duty

What decided it

The cumulative and largely irreversible harm to landscape character, highway safety, ecology and archaeology, compounded by the finding of intentional unauthorised development, outweighed the lack of a five year gypsy and traveller site supply and the personal circumstances of the occupiers.

The substantial harm to landscape character, significant harm to highway safety and ecology, and significant weight against intentional unauthorised development outweighed the significant weight in favour from the lack of a five year supply of traveller pitches and the substantial/significant weight given to the children's best interests and lack of alternative accommodation, resulting in dismissal of both a permanent and temporary permission.

What the Inspector cited

Development plan policies
Policy 31(h)Policy 31(a)Policy 31(e)Policy 31(f)Policy 3Policy 2(d)Policy 4Policy 5Policy 8(b)Policy 10
National Planning Policy Framework
Paragraph 62Paragraph 74Paragraph 105Paragraph 111Paragraph 170Paragraph 174Paragraph 175Paragraph 180Paragraph 194Paragraph 203Paragraph 205
Judgments
Nixon & East Herts DC v SSCHLG & Mahoney [2020] EWHC 3036 (Admin); Forest of Dean DC v SSHCLG [2016] EWHC 2429

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.

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