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Planning appeal decision

Notice varied and upheld6 February 20233243774

Balls Paddock, Bottomhouse, Leek, ST13 7QJ

Planning appeal 3243774 at Balls Paddock, Bottomhouse, Leek, ST13 7QJ (Staffordshire Moorlands District Council) was allowed in part (a split decision) on 6 February 2023 by Inspector Freer P, following a hearing. The main issue, as the Inspector framed it: whether a mixed use of agriculture and the stationing of caravans for residential use is justified in this location, either on a temporary or permanent basis.

Without planning permission, the use of agricultural land as a caravan site to provide a permanent family residence, together with storage of household effects, tools, items and materials, parking/storage of vehicles, trailers and machinery, and keeping of animals as pets, for pet trade, and as livestock

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Freer P
Postcode
ST13 7QJ

Main issues, as the Inspector framed them

  • whether a mixed use of agriculture and the stationing of caravans for residential use is justified in this location, either on a temporary or permanent basis
  • the effect of the development on the character and appearance of the area

What decided it

The absence of a demonstrated essential need for a rural worker's dwelling and the unacceptable harm to the character and appearance of the landscape outweighed the appellant's personal circumstances and gypsy heritage considerations.

The harm from conflict with the development plan and unacceptable landscape harm was not outweighed by the appellant's personal/family circumstances, the neutral-weighted gypsy and traveller site supply issue, or Article 8 interference, so the enforcement notice was upheld (with corrections and variations) and planning permission refused.

What the Inspector cited

Development plan policies
Policy SS10Policy H1Policy H4Policy DC3
National Planning Policy Framework
Paragraph 80
Judgments
Mansi v Elstree RDC [1964] 16 P&CR 153387; Smith

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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More decisions in Staffordshire Moorlands

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

  1. Quashed On Legal Grounds21 August 20263377456
    Sprinks Farm, Blackwood House Lane, Horton, Leek, Staffordshire, ST13 8QE
  2. Notice upheld13 August 20263371728
    The Land to the East of Ross Road, Staffordshire , ST10 2JF
  3. Notice upheld9 July 20263357672
    158 Bagnall Road, Stoke-on-Trent, ST2 7LW
  4. Quashed On Legal Grounds15 June 20263356969
    57 Ostlers Lane, Cheddleton, Leek, ST13 7HS
  5. Notice upheld14 May 20263375060
    Little Blakeley, Lane Farm, Blakeley Lane, Dilhorne, Stoke on Trent, ST10 2PT

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.