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Planning appeal decision

Notice varied and upheld23 June 20213249575

Worsbrough Road, Barnsley, S70 5LN

Planning appeal 3249575 at Worsbrough Road, Barnsley, S70 5LN (Barnsley Metropolitan Borough Council) was allowed in part (a split decision) on 23 June 2021 by Inspector Merrett R, following a hearing. The main issue, as the Inspector framed it: whether the development would be inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework (the Framework) and development plan policy.

material change in use of land to provide single pitch gypsy site for stationing of caravans for residential occupation with associated development (new access, hard standing, utility building, entrance wall and gates)-part retrospective

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Merrett R
Postcode
S70 5LN

Main issues, as the Inspector framed them

  • whether the development would be inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework (the Framework) and development plan policy
  • The effect of the development on the openness of the Green Belt
  • The effect of the development on the character and appearance of the area including heritage assets
  • The effect of the development on trees subject to a Tree Preservation Order (TPO) and on wildlife
  • Highway safety issues
  • The accessibility of the site to local shops and services
  • If the development is inappropriate, whether the harm to the Green Belt by way of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development

What decided it

the immediate unmet need for gypsy pitches and the best interests of the appellant's young children, though not amounting to very special circumstances for a permanent permission, were sufficient to justify a temporary personal planning permission

moderate harm to Green Belt openness, significant harm to heritage/character and appearance, and moderate harm to trees were weighed against moderate weight for the lack of an alternative site/immediate unmet need and significant weight for the appellant's personal circumstances; the balance did not clearly outweigh the harm to justify a permanent permission but was sufficient to justify a temporary, personal permission

What the Inspector cited

Development plan policies
Policy HE1Policy HE3Policy D1Policy BI01Policy GT1Policy T4Policy GB1Policy GB3
National Planning Policy Framework
Paragraph 133Paragraph 134Paragraph 143

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 Barnsley

The authority’s record since 2016 · every decision in 2021

  1. Notice varied and upheld12 August 20263364210
    36 Littleworth Lane, Monk Bretton, Barnsley, S71 2JR
  2. Dismissed25 February 20263372438
    81 Swallow Hill Road, Low Barugh, Barnsley, South Yorkshire, S75 1LY
  3. Dismissed10 October 20253369722
    Stancliffe Farm House, Woodhead Rad, Wortley, South Yorkshire, S35 7DA
  4. Notice varied and upheld14 July 20253327125
    Land on the East Side of Haigh Lane, Holyandswaine, S36 7JQ
  5. Allowed2 July 20253355889
    Worsbrough Equestrian, Worsbrough Road, Worsbrough, Barnsley, S70 5LN

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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