Town Planner Pro
Search appeal decisions

Planning appeal decision

Allowed9 December 20213255527

Wishing Well Farm, Breach Oak Lane, Fillongley, Warwickshire, CV7 8AW

Planning appeal 3255527 at Wishing Well Farm, Breach Oak Lane, Fillongley, Warwickshire, CV7 8AW (North Warwickshire Borough Council) was allowed on 9 December 2021 by Inspector Major P, following a hearing. The main issue, as the Inspector framed it: The impact of the proposed development on the openness of the Green Belt and the purposes of including land within the Green Belt.

the change of use of land from agriculture to use as a residential caravan site for 2 gypsy families, each with 2 caravans including no more than one static caravan/mobile home

Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Major P
Postcode
CV7 8DE

Main issues, as the Inspector framed them

  • The impact of the proposed development on the openness of the Green Belt and the purposes of including land within the Green Belt
  • Whether the site is located in an acceptable location in relation to services and transport
  • Whether the harm by inappropriateness, and any other harm, is clearly outweighed by other considerations sufficient to amount to the very special circumstances necessary to justify the grant of planning permission (the planning balance)

What decided it

The substantial weight given to the best interests of the children (a primary consideration), combined with significant weight attached to unmet gypsy and traveller need and the absence of alternative sites, clearly outweighed the Green Belt harm.

The substantial weight attributed to the definitional harm of inappropriateness and the minor harm to openness/visual amenity was clearly outweighed by the substantial weight given to the best interests of the children and the significant weight given to unmet need and lack of alternatives, amounting to very special circumstances justifying the grant of permission.

What the Inspector cited

Development plan policies
Policy LP3Policy LP14Policy LP29Policy LP10Policy LP1

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.

See how each was applied

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

With an account

What an account adds to this decision

15 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in North Warwickshire

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

  1. Dismissed3 August 20266010427
    Land Opposite Quarry House, Nuneaton Road, Furnace End, Coleshill, B46 2NG
  2. Dismissed30 July 20266009798
    Land 120m North East of Ridley House, Ridley Lane, Nether Whitacre, B46 2DH
  3. Allowed22 June 20266004388
    Land Between 10 And 32, Birmingham Road, Whitacre Heath, B46 2EN
  4. Allowed29 January 20266001004
    Cliff Meadows, Tamworth Road, Kingsbury, B78 2DS
  5. Allowed11 December 20253349391
    Land 800 Metres South Of Park House Farm, Meriden Road, Fillongley, Warwickshire, CV7 8BP

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.