®Planning appeal decision
Shorthill Caravan Park, A449 Mitre Oak To Crown Lane, Crossway Green, DY13 9SH
Planning appeal 3245884 at Shorthill Caravan Park, A449 Mitre Oak To Crown Lane, Crossway Green, DY13 9SH (Wychavon District Council) was dismissed on 4 May 2022 by Inspector Johnson W, following a hearing. The main issue, as the Inspector framed it: whether or not the condition can be removed as requested, having regard to the Act and other material considerations.
Use of land for the stationing of caravans for residential purposes for 10 no. gypsy pitches, 1 site managers pitch together with the formation of additional hard standing and utility/dayrooms ancillary to that use, and the siting of 24 no. touring caravans for transit pitches for use by gypsy and travellers, for which a previous planning permission was granted for a limited period
- Authority
- Wychavon District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Hearing
- Development
- caravan-gypsy · Major traveller and caravan pitches
- Inspector
- Johnson W
- Postcode
- DY13 9SH
Main issues, as the Inspector framed them
- whether or not the condition can be removed as requested, having regard to the Act and other material considerations
- Whether the proposed development would respect the scale of the nearest settled community, or whether it would dominate it
- The general need for gypsy and traveller accommodation in the council area, and whether there is a need for additional sites for gypsies and travellers
- The personal accommodation needs and circumstances of the occupants of the appeal site, and the availability of alternative sites
- Whether the proposed development would amount to "sustainable development" for the purposes of the national planning policy framework, with particular regard to its location
What decided it
The application, by excluding the transit pitches, would require a change to the operative description of the original permission, which the Finney judgment establishes cannot lawfully be achieved through a section 73 application.
What the Inspector cited
- Judgments
- Lambeth LBC V SSCLG & Aberdeen Asset Management, Nottinghamshire CC & HHGL Ltd [2018] EWCA Civ 844, [2019] UKSC 33 (Lambeth); John Leslie Finney v Welsh Ministers, Carmarthenshire County Council, Energiekontor (UK) Limited [2019] EWCA Civ 1868 (Finney); Burdle v secretary of State for the Environment and another [1972] 3 All ER 240
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 appliedThe decision letter
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With an account
What an account adds to this decision
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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.