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Dismissed28 April 20223248170

Land Adj to Long Leys Barn, Fanshaws Lane, Brickendon, Hertford, SG13 8PG

Planning appeal 3248170 at Land Adj to Long Leys Barn, Fanshaws Lane, Brickendon, Hertford, SG13 8PG (East Hertfordshire District Council) was dismissed on 28 April 2022 by Inspector Renaudon L, following a hearing. The main issue, as the Inspector framed it: Gypsy or Traveller status.

‘Site to contain one static caravan, with parking for two vehicles and associated infrastructure (retrospective)’. Summary

Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Renaudon L

Main issues, as the Inspector framed them

  • Gypsy or Traveller status
  • Whether inappropriate development in the Green Belt (GB), to include consideration of the effects on openness and purposes of the GB
  • Any other asserted harm/policy conflicts under HOU9 criteria: character and appearance of the Brickendon Conservation Area; locational sustainability (a); effect on highway safety and essential services (b); storage and utility services (c); size/location/scale (d); character of the area (g)
  • Whether harm to GB and any other harm is clearly outweighed by other considerations so as to amount to very special circumstances (need for and supply of sites; availability of alternative sites; personal circumstances and human rights including best interests of children)
  • The effects of the proposal on the listed building (Fanshaws) as well as on other designated or non-designated heritage assets
  • Whether the time stipulated for compliance with the enforcement notice's requirements falls short of what should reasonably be allowed

What decided it

The cumulative Green Belt and heritage harm was not clearly outweighed by the benefits relied upon, so very special circumstances did not exist to justify permission.

the harm to the Green Belt (substantial weight) and to designated heritage assets (great weight), together with other identified policy conflicts, was not clearly outweighed by the considerable weight given to gypsy/traveller accommodation need, moderate weight to personal/health circumstances, significant weight to the children's best interests, and limited weight to the lack of alternative sites, so very special circumstances did not exist and the appeals were dismissed

What the Inspector cited

Development plan policies
GBR1HA1HA2HA7HOU9HOU10TRA1DPS2DES2DES3DES4HA4
National Planning Policy Framework
Paragraph 149Paragraph 150

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.

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The decision letter

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The authority’s record since 2016 · every decision in 2022

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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.

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