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Planning appeal decision

Allowed19 May 20233241428

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

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

Authority
Tewkesbury Borough Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Nicholls H

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.

Plan policies cited: Policy SD5, Policy GRB4, Policy SD13, Policy SD6, Policy RES2, Policy RES3, Policy RES4, Policy GTTS1

Judgments cited: Smith v SSLUHC & Ors [2022] EWCA

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.