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Allowed19 May 20233241428

Parcel 5762 Land Adjacent Rudgeley House, Cold Pool Lane, Badgeworth, Gloucestershire, GL51 4UP

Planning appeal 3241428 at Parcel 5762 Land Adjacent Rudgeley House, Cold Pool Lane, Badgeworth, Gloucestershire, GL51 4UP (Tewkesbury Borough Council) was allowed on 19 May 2023 by Inspector Nicholls H, following a hearing. The main issue, as the Inspector framed it: the effect of the proposal on the openness of the Green Belt.

change of use of land to a private Gypsy and Traveller site consisting of 1 pitch of 1 mobile home and 1 touring caravan

Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Nicholls H
Postcode
GL51 4UP

Main issues, as the Inspector framed them

  • the effect of the proposal on the openness of the Green Belt
  • whether the location of the site accords with local and national policies for the siting of new Gypsy and Traveller pitches
  • the effect of the proposal on the character and appearance of the area
  • the general need for pitches in the area
  • the personal need of the Appellant's family for accommodation
  • the personal circumstances of the Appellant and his family
  • whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal

What decided it

The unmet need and lack of a five-year supply of deliverable Gypsy and Traveller pitches, combined with the family's personal circumstances and the absence of suitable alternatives, clearly outweighed the identified Green Belt and character/appearance harm sufficiently to justify a temporary, but not permanent, permission.

The substantial Green Belt harm and significant localised harm to character and appearance were not clearly outweighed by other considerations for a permanent permission, but the unmet need, lack of five-year pitch supply, absence of alternatives and the family's personal circumstances (including the children's best interests) clearly outweighed that harm to justify permission for a temporary five-year period.

What the Inspector cited

Development plan policies
Policy SD5Policy GRB4Policy SD13Policy SD6Policy RES2Policy RES3Policy RES4Policy GTTS1
Judgments
Smith v SSLUHC & Ors [2022] EWCA

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.

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More decisions in Tewkesbury

The authority’s record since 2016 · every decision in 2023

  1. Dismissed4 August 20266004968
    Land Opposite Woodfold, Down Hatherley Lane, Down Hatherley, GL2 9QB
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  3. Dismissed17 April 20266003223
    Plot to the South of Down Hatherley Lane, Down Hatherley, Tewkesbury Borough, Gloucestershire, GL2 9QB
  4. Allowed27 February 20266001066
    Land South of Bentham Lane, Bentham Lane, Cheltenham, Gloucestershire, GL51 4UT
  5. Notice varied and upheld12 February 20263360223
    Land at The Lays, Oakle Street, Minsterworth, Gloucestershire, GL2 8JR

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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