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Planning appeal decision

Notice varied and upheld28 April 20223248171

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

Planning appeal 3248171 at Land Adjacent to Long Leys Barn, Fanshaws Lane, Brickendon, Hertford, SG13 8PG (East Hertfordshire District Council) was allowed in part (a split decision) 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
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Renaudon L

Main issues, as the Inspector framed them

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

What decided it

The substantial harm to the Green Belt's openness and purposes, together with great weight given to unresolved harm to the setting of the listed building and Conservation Area, was not clearly outweighed by the considerations advanced in favour of the development, so very special circumstances did not exist.

the considerable weight given to meeting gypsy/traveller accommodation needs, moderate weight to health and wellbeing, significant weight to the children's best interests, and limited weight to the lack of an alternative site were found insufficient to clearly outweigh the substantial Green Belt harm and great weight attributed to heritage harm, so the balance tipped against allowing the appeals

What the Inspector cited

Development plan policies
Policy GBR1Policy HOU9Policy HOU10Policy HA1Policy HA2Policy HA7Policy TRA1Policy DPS2Policy DES2Policy DES3Policy DES4Policy HA4
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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More decisions in East Hertfordshire District Council

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

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  5. Allowed6 July 20263359515
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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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