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Planning appeal decision

Quashed On Legal Grounds23 December 20223243848

Land at Hillview, Southend Arterial Road, Wickford, Essex, SS12 9HZ

Without planning permission, the material change of use of the land for the storage of caravans

Authority
Basildon District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
caravan-gypsy · Change of use
Inspector
Merrett R

Main issues, as the Inspector framed them

  • Whether the development would be inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework and development plan policy
  • The effect of the development on the openness of the Green Belt
  • The effect of the development on the character and appearance of the area
  • The question of intentional unauthorised development
  • The effect of the development on sensitive coastal habitats
  • The question of the need for Gypsy/Traveller sites
  • The personal circumstances of the site occupiers
  • If the development is inappropriate, whether the harm to the Green Belt by way of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development

What decided it

The Council's undisputed significant and immediate unmet need for Gypsy and Traveller pitches, combined with policy failure over many years and the likelihood that future allocated sites would be in the Green Belt, clearly outweighed the harm to the Green Belt and other identified harms, establishing the very special circumstances necessary to justify the development.

Framework references: 137, 138, 147, 57

Plan policies cited: Policy BAS BE12, Policy BAS GB1

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.