Planning appeal decision
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
- Authority
- East Hertfordshire District Council
- 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.
See how each was appliedThe decision letter
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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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