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Planning appeal decision

Planning permission granted6 September 20213256744

Land off Charlton Lane, Torton, Kidderminster, DY11 7SD

Planning appeal 3256744 at Land off Charlton Lane, Torton, Kidderminster, DY11 7SD (Wychavon District Council) was allowed on 6 September 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.

Five new gypsy plots each comprising one touring caravan, one static caravan and one utility block

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Merrett R
Postcode
DY11 7SD

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
  • whether the development can be regarded as being within a sustainable location
  • the significance of the need for gypsy / traveller sites
  • the personal circumstances of the site occupiers
  • 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 appellant's significant personal circumstances and the immediate unmet need for gypsy/traveller sites, while insufficient to justify permanent permission against Green Belt harm, were sufficient to justify a temporary personal planning permission.

the substantial weight given to Green Belt harm (inappropriateness and moderate loss of openness) was not clearly outweighed by the moderate weight attached to unmet need and significant weight attached to personal circumstances, so permanent permission was refused but a temporary personal permission was granted to reduce the severity of harm

What the Inspector cited

Development plan policies
Policy SWDP 2Policy SWDP 17Policy SWDP 4
National Planning Policy Framework
Paragraph 137Paragraph 138Paragraph 147
Judgments
Turner v SSCLG & East Dorset Council [2016]

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 Wychavon

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

  1. Dismissed17 September 20266008404
    Pinfield House, Brown Heath Lane, Martin Hussingtree, Droitwich, WR9 7JF
  2. Notice upheld12 May 20263359852
    Land Lying to the West of Nuttings, Morton Under Hill, Inkberrow, B96 6SP
  3. Quashed On Legal Grounds13 April 20263375971
    Cotswold Vale View Caravan Park , Offenham Road, Aldington Evesham , WR11 7AB
  4. Allowed23 March 20266001763
    Land At (Os 8785 6801) Kidderminster Road Cutnall Green, Worcester, WR9 0PW
  5. Dismissed27 February 20266001105
    Fanday, Brandheath Lane, New End, Redditch, B96 6NG

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.