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Planning appeal decision

Planning permission granted12 August 20213255865

Land on the North East Side of Walham Lane, Gloucester, GL2 9NA

Planning appeal 3255865 at Land on the North East Side of Walham Lane, Gloucester, GL2 9NA (Gloucester City Council) was allowed on 12 August 2021 by Inspector Merrett R, following a hearing. The main issue, as the Inspector framed it: the effect of the developments on flood risk to the site and elsewhere.

Without the benefit of planning permission, the unauthorised change of use of the land from agricultural land to residential pitches, sheds and associated residential paraphernalia for the Gypsy/Traveller community

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Merrett R

Main issues, as the Inspector framed them

  • the effect of the developments on flood risk to the site and elsewhere
  • the effect of the use of the land on highway and pedestrian safety
  • the significance of the need for gypsy / traveller sites
  • the personal circumstances of the site occupiers

What decided it

The unacceptable and unresolved risk of flooding to site occupiers and of increased flood risk elsewhere outweighed the benefits of unmet gypsy/traveller need and personal circumstances, precluding a permanent permission.

Very significant weight given to flood risk harm outweighed the significant weight attached to unmet gypsy/traveller need and personal circumstances, precluding permanent planning permission but justifying a temporary, personal planning permission for two years in Appeal A; in Appeal B the same flood risk considerations meant the harm from the ground-raising works was not outweighed, so the notice was upheld with a variation to the compliance period.

What the Inspector cited

Development plan policies
Policy SD13Policy INF2Policy E6Policy INF1Policy G1
National Planning Policy Framework
Paragraph 159

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

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More decisions in Gloucester City

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

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  3. Dismissed21 May 20266004661
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  4. Notice varied and upheld17 February 20263371877
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  5. Dismissed14 March 20253355642
    125 Park Avenue , Longlevens , Gloucester , GL2 0EQ

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.