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Planning appeal decision

Notice varied and upheld6 February 20233243774

Balls Paddock, Bottomhouse, LEEK, ST13 7QJ

Authority
Staffordshire Moorlands District 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

  • 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.

Framework references: 80

Plan policies cited: Policy SS10, Policy H1, Policy H4, Policy DC3

Judgments cited: Mansi v Elstree RDC [1964] 16 P&CR 153387; Smith

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.