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Planning appeal decision

Dismissed10 May 20223253805

Land off Beamish Lane, Albrighton, Shropshire, WV7 3AG

the use of land for the stationing of caravans for residential purposes

Authority
Shropshire County Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Kirby R

Main issues, as the Inspector framed them

  • the effect of the proposal on the openness of the Green Belt and its purposes
  • whether the appeal site is suitably located for the proposal having regard to its relationship to services and facilities and the nearest settlement
  • whether the harm to the Green Belt by reason of inappropriateness, loss of openness and conflict with the purposes of including land within it, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development in the Green Belt

What decided it

The substantial harm to the Green Belt (inappropriateness, loss of openness and encroachment) combined with the site's unsustainable location was not clearly outweighed by the other considerations advanced, so very special circumstances were not established.

Substantial harm to the Green Belt and conflict with the development plan as a whole was weighed against significant weight for gypsy and traveller need and lack of alternatives, and substantial weight for personal circumstances/best interests of the child, but the harm was not clearly outweighed, so the balance tipped against the proposal.

Framework references: 11, 28, 137, 138, 148

Plan policies cited: Policy CS5, Policy CS6, Policy CS12, Policy MD6, Policy MD2, Policy MD7a, Policy S1

Judgments cited: Bramshill v SSHCLG [2021] EWCA Civ 320

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.