Planning appeal decision
Land off Charlton Lane, Torton, Kidderminster, DY11 7SD
Five new gypsy plots each comprising one touring caravan, one static caravan and one utility block
- Authority
- Wychavon District Council
- 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
- 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
Framework references: 137, 138, 147
Plan policies cited: Policy SWDP 2, Policy SWDP 17, Policy SWDP 4
Judgments cited: Turner v SSCLG & East Dorset Council [2016]
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.
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