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Planning appeal decision

Notice varied and upheld7 February 20233248911

Land Lying to the East Side of Five Acre Farm, Warley Street, Great Warley, Brentwood, Essex, CM13 3JZ

Planning appeal 3248911 at Land Lying to the East Side of Five Acre Farm, Warley Street, Great Warley, Brentwood, Essex, CM13 3JZ (Brentwood Borough Council) was allowed in part (a split decision) on 7 February 2023 by Inspector Hand S, following an inquiry. The main issue, as the Inspector framed it: the impact of the site on the character and appearance of the area and on the openness of the green belt.

Change of use of land to use as a residential caravan site for 7 gypsy/traveller families, each with two caravans, including no more than one static caravan/mobile home, laying of hardstanding and erection of 7 No. utility buildings

Authority
Brentwood Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Change of use
Inspector
Hand S
Postcode
CM13 3JZ

Main issues, as the Inspector framed them

  • the impact of the site on the character and appearance of the area and on the openness of the green belt
  • Whether the Council can show an up to date 5 year supply of sites for gypsies and travellers, including the impact of the Lisa Smith judgement
  • Whether there are any alternative sites available
  • The unauthorised nature of the development, and if necessary, the personal circumstances of the occupants

What decided it

The substantial Green Belt, openness and countryside harms, combined with intentional unauthorised development, were not clearly outweighed by the lack of a 5-year gypsy pitch supply, absence of alternative sites, or the personal circumstances of the occupiers, so very special circumstances did not exist.

The harms of inappropriate development, loss of openness, harm to countryside character, and intentional unauthorised development (attracting substantial/considerable weight) were not clearly outweighed by the lack of a 5-year supply of gypsy sites, absence of alternative sites and the personal circumstances of the occupiers, so the balance tipped against allowing the appeal.

What the Inspector cited

Development plan policies
Policy HP10Policy HP04Policy HP01
National Planning Policy Framework
Paragraph 174
Judgments
Lisa Smith v Secretary of State LUPH&C and others [2022] EWCA Civ 1391; Chichester DC v FSS and others [2004] Civ 1248; Doncaster MBC v SSCLG [2016] EWHC 2876 (Admin)

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 Brentwood

The authority’s record since 2016 · every decision in 2023

  1. Allowed7 October 20266009911
    Place Farm, Place Farm Lane, Doddinghurst, CM15 0JA
  2. Dismissed7 October 20266008911
    Pumping Station Cottage, Great Warley Street, Brentwood, CM13 3JR
  3. Allowed28 September 20266009849
    Land Adj to Grassmere, Horseman Side, Navestock, CM14 5SU
  4. Dismissed17 September 20263369334
    Old Goat Yard, Land To West Of Days Lane, Doddinghurst Road, Doddinghurst, Essex, CM15 0RZ
  5. Dismissed26 August 20266012008
    Wilwyn, Chelmsford Road, Blackmore, CM4 0DS

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.