Planning appeal decision
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
- Authority
- Wychavon District Council
- 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.
See how each was appliedThe decision letter
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More decisions in Wychavon
The authority’s record since 2016 · every decision in 2021
- Dismissed17 September 20266008404Pinfield House, Brown Heath Lane, Martin Hussingtree, Droitwich, WR9 7JF
- Notice upheld12 May 20263359852Land Lying to the West of Nuttings, Morton Under Hill, Inkberrow, B96 6SP
- Quashed On Legal Grounds13 April 20263375971Cotswold Vale View Caravan Park , Offenham Road, Aldington Evesham , WR11 7AB
- Allowed23 March 20266001763Land At (Os 8785 6801) Kidderminster Road Cutnall Green, Worcester, WR9 0PW
- Dismissed27 February 20266001105Fanday, 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.
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