®Planning appeal decision
Land on the North East Side of Hilderstone Road, Spot Acre, Stone, Staffordshire, ST15 8RP
the removal of conditions 1 and 2 of planning permission reference APP/Y3425/W/15/3119166 granted on appeal (15th November 2016) to facilitate the change of use for the stationing of caravans for five gypsy pitches, with utility/day rooms, access road and areas of hardstanding ancillary to that use
- Authority
- Stafford Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Inquiry
- Development
- caravan-gypsy · Minor traveller and caravan pitches
- Inspector
- Ware P
Main issues, as the Inspector framed them
- The effect of the development on the openness of the Green Belt and the purposes of including land within it.
- The weight to be attached to matters argued in favour of the proposal: the provision of and need for gypsy sites within the area; the alleged failure of policy; the accommodation needs and personal circumstances of the site occupants; and Human Rights, Public Sector Equality Duty and the Best Interests of the Child.
- Whether the harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development.
What decided it
The absence of a five-year supply of gypsy and traveller sites combined with the Council's persistent and prolonged failure of planning policy to meet identified need clearly outweighed the Green Belt harm, establishing very special circumstances.
The substantial weight given to Green Belt harm (inappropriateness, limited harm to openness and encroachment) was clearly outweighed by the very great weight given to the lack of a 5-year supply of gypsy/traveller sites and the substantial weight given to the persistent failure of policy, amounting to very special circumstances justifying the development.
Plan policies cited: Policy SP3, Policy SP7, Policy C6
Judgments cited: Smith v SSLUHC & Ors [2022] EWCA
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.